This Agreement was last revised on September 11, 2013.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of this Agreement or any changes to this Agreement, do not use or access (or continue to access) the Service or discontinue immediately any use of the Service.
Who We Are
FundingTheArts is the world’s largest global crowdfunding platform, empowering you to raise funds. Since launching in 2013, FundingTheArts has enabled Campaign Owners to launch Campaigns from many countries around the world. With millions of dollars distributed globally each week across the site, FundingTheArts is democratizing the way people raise funds for their Campaigns – creative, entrepreneurial or cause-related. FundingTheArts is headquartered in Missouri, with offices in Los Angeles and New York.
We are an open platform. You understand and acknowledge that you may be exposed to Member Content that may be inaccurate, offensive, indecent, or objectionable. Member Content should not be viewed as being an endorsement or opinion shared by FundingTheArts. You agree that FundingTheArts is not liable for any damages or losses resulting from such Member Content.
Users of Our Service and Members
All visitors to indiegogo.com, whether registered or not, are “Users”. If you want to create a campaign, Post, Contribute to a campaign or comment on a Campaign, you must register with FundingTheArts to become a “Member”. When implemented, you will be able to Contribute or comment on a Campaign as a Guest Member. As a Guest Member, you only need to:
You may use our Services if:
Becoming A Member
It is easy to become a Member by following the steps on our website, www.fundingthearts.org. Accurate and complete information is required when creating your account and setting up and managing your Member Profile. Use your Settings to control your Member Profile and to manage how other Members communicate with you.
You will be providing FundingTheArts with your email address when you become a Member. By doing so, you consent to our using the email address to send you any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Service, special offers and marketing, sales and promotional materials.
Once you become a Member, you are solely responsible for the activity that occurs on your account and for keeping your account password secure. You must notify FundingTheArts immediately of any breach of security or unauthorized use of your account.
You alone are liable and responsible for all losses or damages caused by any unauthorized use of your account regardless of the reason or cause of the loss or damage – and not FundingTheArts.
General Rules of Use
As a condition of your use of the Service as a User or Member, you promise to:
By way of example, and not limitation, your promise means you will not use the Service:
You agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content without any obligation to monitor Member Content or disputes between Users or Members. You are responsible for protecting yourself from Member Content or FundingTheArts Content which is offensive or harmful.
Notwithstanding the foregoing, you acknowledge and agree that FundingTheArts may, but is not obligated, in its sole discretion and judgment, to:
All without notice and without liability for any damages and without necessarily consulting any other parties. Upon termination for any reason, you continue to be bound by this Agreement.
You agree to use or comply with the DMCA procedures described later in this Agreement for any claims of infringement of any Intellectual Property Right.
Creating and Posting a Campaign
You may create and Post your Campaign on FundingTheArts to showcase and share certain information about the Campaign and elicit feedback and financial contributions (“Contributions”) from other Members (“Contributors”) by following the subsequent procedure and rules:
To Create a Campaign
Special Rules Regarding Perks
Representations and Promises of User, Campaign Owner and Beneficiary
We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information to or on any of our Websites, we will remove that information as soon as possible.
Contributors and Contributing to Campaigns
FundingTheArts may provide you the opportunity to make Contributions to any Campaign with an open Funding Request in any amount you choose. You may contribute to as many Campaigns as you like.
All Contributions are non-refundable by FundingTheArts and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the Campaign. You are solely responsible for determining the tax deductibility of any Contribution.
Making a Contribution does not:
Perks offered to you are strictly between the Contributor and the Campaign Owner and Beneficiary.
FundingTheArts does not represent, warrant or guarantee:
Fees, Taxes and Verification
All Contributions will be deposited in your Funding Account less our fee as listed on our Website. Different fees may apply to nonprofit or discounted Campaigns. Fees may be adjusted at any time as FundingTheArts decides in its sole judgment and discretion. Fees are nonrefundable.
Processor fees and other fees and charges may apply and/or be deducted from Contributions. Contributions are transferred based on the funding and payment you have selected unless being held to complete our verification process or being refunded as we deem appropriate in our sole discretion.
You are responsible to report properly, and timely pay, for all applicable taxes for all Contributions.
We may verify your and the Beneficiary’s identity, the use of the Contributions and the Campaign timeline before Contributions are deposited in your Campaign Account. You agree to participate in our verification process which may involve an interview and/or document review. Verification may result in a delay of Contributions being transferred or reversal and refund as FundingTheArts determines in its sole discretion and judgment.
Discrepancies in or false or misleading statements or misrepresentations as to the Campaign, Beneficiary or uses of Contributions may result in Contributions being refunded and/or accounts being suspended or reversed. If Contributions have been disbursed to you or the Beneficiary, you and the Beneficiary will ensure that all Contributions are refunded promptly to all Contributors without deduction for any fees paid or payable by you.
Member Content and Warranty of Non-Infringement
The Service allows you to post Campaign details and information, feedback, comments, questions, and other information (“Member Content”). You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise use or make available (collectively, “Post”) on the Service.
You represent and warrant:
You understand that publishing your Member Content on the Service is not a substitute for registering it with the U.S. Patent and Trademark Office, U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
License Grant of Member Content and Campaign Feedback
By posting any Member Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to FundingTheArts a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
If you post a Campaign, you acknowledge and agree that FundingTheArts is not responsible for your use of Campaign Feedback and you use Campaign Feedback at your own risk.
License Grant to Use Service and FundingTheArts Content
You understand and acknowledge that your use of the Service (including, without limitation, FundingTheArts Content) is a privilege and not a right. Subject to this Agreement, FundingTheArts grants you a non-exclusive, limited, personal license to use the Service in accordance with this Agreement. You agree you will (and will ensure others):
Except for your Member Content and the limited right of use of the Service, FundingTheArts retains all right, title and interest (including, without limitation, all Intellectual Property Rights) in and to the Service and all content created and used by FundingTheArts in conjunction with the Service including, by way of example and not limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “FundingTheArts Content”); all of which are the exclusive property of FundingTheArts and its licensors. FundingTheArts retains all rights not expressly granted to you.
FundingTheArts reserves all rights not expressly granted in the Service. FundingTheArts may terminate this license at any time for any reason or no reason.
Use of Widgets
FundingTheArts may give you the opportunity to post a “widget,” or code that creates a FundingTheArts graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of FundingTheArts widgets is subject to this Agreement, that you will not post any FundingTheArts widget on a web page containing content that is prohibited under the “Member Content” section of this Agreement, and that you will remove all FundingTheArts widgets immediately upon termination of this Agreement.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify FundingTheArts copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Company: FundingTheArts, Inc.
Address: 2000 East Broadway, Suite 284
Columbia, MO 65202
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify our DMCA Agent in writing including the following information:
Please note that this procedure is exclusively for notifying FundingTheArts and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with FundingTheArts rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, FundingTheArts has adopted a policy of terminating, in appropriate circumstances and at FundingTheArts sole discretion, Users who are deemed to be repeat infringers. FundingTheArts may also at its sole discretion, without liability, limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Information that you submit through the Service may be transferred to countries outside the European Economic Area (“EEA”) to provide the Service to you. For example, our servers are in the United States. If we transfer your information outside the EEA in this way, we will take steps to protect your privacy rights.
Notwithstanding the foregoing, we do not guaranty the confidentiality or privacy of any communication or information transmitted using the Service or any website linked to our website. We are not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by using our Service, or otherwise connected with your use of the Service.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless FundingTheArts, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees and costs) arising from or relating to your use of the Service and FundingTheArts Content including, without limitation, your negligence, breach of any of the representations, warranties or promises or violation of any law, regulation, ordinance, directive or court order. You remain liable for any amounts we pay in settlement of any such claim or action for indemnification as though we had proceeded with a trial.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, INDIEGOGO, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE INDIEGOGO OR MEMBER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICES OR PERKS TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): INDIEGOGO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. FundingTheArts is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
Users and Members agree not to involve FundingTheArts in any litigation that occurs due to using the Services or website. FundingTheArts will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INDIEGOGO (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRIBUTIONS, PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR THE COSTS OF COVER OR PROCURING SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION. ANY DAMAGES RESULTING FROM OR RELATING TO: (a) TERMINATION, (b) THE USE OF, OR INABILITY TO USE, THIS SERVICE OR INDIEGOGO CONTENT (INCLUDING ERRORS, MISTAKES, INACCURACIES OF OR THE INFRINGEMENT BY INDIEGOGO OR MEMBER CONTENT), (c) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE INCLUDING UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR (d) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, MEMBER OR OTHER THIRD PARTY.
IN ANY EVENT, INDIEGOGO SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS YOU PAID TO INDIEGOGO.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIEGOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
The Service is controlled and operated from its facilities in the United States. FundingTheArts makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FundingTheArts without restriction.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
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