Welcome to Indiegogo! By using this Site and the Services, in addition to
any Additional Policies applicable to any particular features, Content and
functionality of the Services (incorporated into the Terms by reference),
offered by Indiegogo, Inc., Users agree to be bound by these Terms.
Indiegogo may amend the Terms at any time in its sole discretion by posting
a revised version of the Terms. Unless stated otherwise, access to or
continued use of the Services after the effective date of any revised Terms
constitutes your acceptance of the revised Terms. If We make any material
change to these Terms, We will notify Users by posting a notice on Our
Site, through the Services, or by other means We deem appropriate.
The following policies and guidelines are incorporated into the Terms by
What is Indiegogo?
Indiegogo is an online crowdfunding platform that brings Users together and
allows Users to seek to raise funds for their own Campaigns and to
contribute to the Campaigns of others. Campaign Owners can offer Perks to
Contributors in thanks for the Contributors’ donation of funds.
We grant you a limited, non-exclusive, non-transferable, and revocable
license to use Our Services—subject to the Terms and the following
restrictions in particular:
You are responsible for your account
. To use many of the Services, you will need to register and create an
account with a username and password. You must provide us with accurate
and complete information, and you must update your account information
as needed to keep the information accurate and complete. You may not
impersonate anyone else, choose a username that may offend someone, or
violate any individual’s rights. You are solely responsible for
maintaining the confidentiality of your account and for all activities
associated with or occurring under your account. If you suspect or
discover any unauthorized use of your account, you should notify
Indiegogo immediately by contacting us here.
We are not responsible
for any loss or damage arising from your failure to comply with the
foregoing requirements or as a result of use of your account with or
without your knowledge.
Terminating your account. You may submit a request to terminate
your account by contacting us here.
This will not
automatically delete User Content. We may need to retain certain
information as required by law or as necessary for Our business purposes.
These Terms, including our rights to User Content, survive termination of
You must be 18 years old. You must be 18 years or older to sign up for an account and use Our
Services. Outside of the European Economic Area (“EEA”), minors between
the age of 13 and 18 years are only permitted to use Our Services
through an account owned by a parent or legal guardian where the parent
has provided affirmative consent and under their direct supervision.
Children under 16 residing in the EEA are not permitted to access
the Site or use the Services
. You are responsible for any and all account activity conducted by a
minor on your account.
Follow the law and Our policies. You may not take any action that infringes or violates other people’s
rights, violates the law, or breaches any contract or legal duty you
may have toward any party. You may not offer Perks that are illegal,
violate any of Indiegogo’s policies, rules, or guidelines, or violate
any applicable law, statute, ordinance, or regulation. All Users must
abide by Our
Community Guidelines . It is your responsibility to continuously monitor
Community Guidelines as these may be updated from time-to-time at Indiegogo’s sole
Be truthful. Do not post information you know is false, misleading, or inaccurate.
Do not do anything deceptive or fraudulent.
Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior
that is libelous, tortious, obscene, profane, or invasive of another’s
Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or
promotional material, or any junk mail, spam, or chain letters. Do not
run mail lists, listservs, or any kind of autoresponder or spam on or
through the Site.
Respect the property of others. Do not distribute software viruses or any other programs designed to
interfere with (1) the proper function of any software, hardware, or
equipment on the Site or (2) the use of the Site by any other User.
Do not engage in activities that affect the functioning of the Site
. You may not bypass any measures that We have put in place to secure
Our Site or Services, take actions to gain unauthorized access to any
system, data, passwords, or other Indiegogo or User information or
Services, reverse engineer or take apart any aspect of the Services to
access any underlying information, or use any kind of software to
“crawl” or “spider” any part of the Site.
Fees. There are no fees for creating an account on the Site. Campaign
Owners are charged a
as a portion of the Contributions they raise. In addition, Campaign
Owners are charged a transaction fee by the payment processor. Transfer
fees, or bank delivery fees, are also applied each time Indiegogo sends
funds to a Campaign Owners’ bank account. The Platform Fees and
transfer fees/bank deliver fees are effective on the date that they are
posted and will be announced on the
Platform Fee page.
terminate, suspend, or take any other action related to your account at Our
sole discretion. You may not access Our Site or Services if We have
prohibited you from doing so.
Campaign Owner Obligations
As a Campaign Owner, when you create a Campaign on the Site and ask for
Contributions, you understand that you are entering into separate legal
agreements with both Indiegogo and with Contributors, and the following
rules apply (in addition to the all other Terms and Additional Policies).
Make good faith efforts to fulfill the Perks associated with a
Campaign in the timeframe that is communicated to Contributors
Immediately notify Contributors if there are obstacles or delays.
Be responsive. Respond promptly and truthfully to all questions posed by
Updates. Provide substantive and quality updates at least once a month to
If you have received the Contributions from your Campaign, issue
refunds to Contributors if you cannot deliver Perks
Comply with Laws. Comply with all applicable laws and regulations in the use of
Contributions and delivery of Perks.
Respect Privacy. When you use the Services by creating a Campaign, you may receive
information about other Users, including personally identifiable
information (“PII”), such as names, e-mail
addresses, and physical addresses. This information is provided to you
purely for the purpose of fulfilling the Perks for the applicable
Campaign and other Services, and may not be used or disclosed for other
purposes, including cross-promotional marketing, without separate,
verifiable consent from the User obtained independently from Indiegogo
or the Service. You will maintain, and be required to produce if
requested, records of all such verifiable consent.
Comply with EEA Data Controller Obligations. As a Campaign Owner,
you will independently fulfill all duties required of data
controllers under applicable EEA data protection law (such law
shall include, but not be limited to, the EU General Data
Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive
(Directive 2002/58/EC), including subsequent variations, such as
the Regulation of the European Parliament and of the Council
concerning the respect for private life and the protection of
personal data in electronic communications and repealing Directive
2002/58/EC (“ePrivacy Regulation”), if
Your data controller duties include:
Determining and qualifying the necessary legal basis or bases for your
collection or processing of personal information;
Managing and reporting security incidents;
Entering into contracts with only with data processors that provide
adequate protections for personal data and including appropriate
Maintaining records of your data processing activities;
Conducting any required data protection impact assessments; and
Implementing and maintaining all measures required pursuant to Article
32 of the GDPR.
Respond to EEA Data Subject Requests. You and Indiegogo will have
an independent obligation to respond to any requests received by
either of us from EEA data subjects regarding personal data,
including without limitation, those set forth in Chapter III of the
GDPR. The party that receives the data request is responsible for
responding to the request. Campaign Owner and Indiegogo shall
reasonably cooperate and assist each other with these requests, to
the extent that is legally permissible.
Comply with the CCPA as a Business. As a Campaign Owner, you will
independently fulfill all duties required of “businesses” under the
California Consumer Privacy Act (“CCPA”), including its
implementing regulations. As a “business” under the CCPA, you will,
without limitation: (1) provide notices to consumers as required by
financial incentives, as applicable; (2) respond and honor access
and deletion requests of consumers; (3) comply with all CCPA
requirements related to the “sale” of personal information, as that
term is defined in the statute; (4) implement reasonable security
as required by the CCPA; (5) maintain records as required by the
CCPA, including records related to your receipt and responses to
consumer access and deletion requests; and (6) enter into
appropriate contracts with vendors where required by the statute.
For clarity, the party that receives a consumer request related to
the CCPA is responsible for responding to the request. Campaign
Owner and Indiegogo shall reasonably cooperate and assist each
other with these requests, to the extent that is legally
Platform Fees. Campaign Owners are charged a
as a portion of the Contributions they raise (the "Platform Fees"). The Platform Fees are
effective on the date that the Platform Fees are posted, and may be
updated from time to time. Platform Fees will be charged at the
Taxes. Taxing authorities may classify Contributions as taxable income to
the Campaign Owner and any beneficiary who will receive funds directly
from the applicable Campaign. Indiegogo may ask for the tax
identification number (TIN) of Campaign Owners and any beneficiaries so
that We may report taxable income to the relevant taxing authorities.
Indiegogo will provide Campaign Owners with a tax document if required
by the relevant taxing authorities. Indiegogo is unable to provide any
User or third party with tax advice and suggests that such Users or
third parties consult with tax advisors of their choice. The shipment
of Perks to Contributors may expose Campaign Owners and Contributors to
sales and use tax obligations.
Indiegogo Reserves the Right to Withhold Funds.
Campaign Owners are not guaranteed to receive Contributions made to a
Campaign, even after the Campaign has ended and the fundraising goal
has been reached. There may be a delay between the end of a Campaign
and Our remittance of Contributions to a Campaign Owner for a number of
reasons including, but not limited to, refunds, chargeback disputes,
fraud, Terms or other policy violations, or any other situation. For
example, Indiegogo may withhold Contributions made to a Campaign if the
Campaign Owner violates any Terms (as determined by Indiegogo in its
sole discretion). Indiegogo may also seek reimbursement from a Campaign
Owner by any other lawful means, including by using third-party
Refunds. Indiegogo offers a limited refund to Contributors in accordance with Our
Refunds outside of Our Refund Policy must be handled by the Campaign
Owner, and Indiegogo has no obligation to provide any refunds or become
involved with any dispute between a Campaign Owner and Contributor.
Indiegogo reserves the right to terminate User Accounts and remove
Campaigns for any abuse of the
Indiegogo reserves its right to issue refunds at its own discretion
outside of the Refund Policy.
Please remember that as a Campaign Owner, you are solely responsible for
fulfilling the obligations of your Campaign and delivering Perks. If you
are unable to perform on this, or any of your other legal obligations, you
may be subject to legal action by Contributors.
Backing a Campaign
As a Contributor, when you make a Contribution to a Campaign, you
understand that the following rules and Terms apply (in addition to all
other Terms, including Additional Policies).
Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and
risk of the Contributor.
Indiegogo Does Not Guarantee that Campaigns Will Succeed or that
Perks Will Be Delivered or Deemed Satisfactory.
By contributing to a Campaign, Contributors are supporting an idea,
project, or cause they care about and want to help make happen. Like
anyone getting in on an early-stage project, Contributors accept the
risk that the Campaign may experience changes, delays, and unforeseen
challenges, or that a Campaign, and its Perks, might not come to
fruition. Indiegogo does not guarantee or represent that Contributions
will be used as promised, that Campaign Owners will deliver Perks, or
that the Campaign will achieve its goals. Indiegogo also does not
endorse, guarantee, make representations, or provide warranties
regarding the quality, safety, morality or legality of any Campaign,
Perk or Contribution, or the truth or accuracy of User Content posted
on the Services. The date to deliver a Perk is an estimate by the
Campaign Owner (not Indiegogo), and there is no guarantee that the
Campaign Owner will fulfill and deliver the Perk by that date. No
transfer of title to tangible personal property occurs through
Limited Refund. Indiegogo offers a limited refund to Contributors, subject to the
Refund Policy, only where the Campaign has not ended, the Contributor has not
received a Perk (as confirmed by Indiegogo), and the
Contribution has not been sent to the Campaign Owner. Indiegogo does
not offer refunds outside Our Refund Policy, but may do so under our
sole discretion. Where refunds are not available under the Refund
Policy, a Contributor may contact the Campaign Owner directly to
request a refund. Indiegogo has no obligation to participate or become
involved in any dispute between Contributor and Campaign Owner
concerning a refund.
Credit Card Charges. When you Contribute to a Campaign, your card will be charged the
amount of the Contribution after you confirm and submit your payment
Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, the Campaign Owners
may need to contact you to obtain additional information such as
shipping address, specific preferences for a Perk (for example, color
or size of a t-shirt), or may ask for feedback on the Campaign or the
Perk. In some instances, to receive the Perk, you may need to provide
requested information within a specific time frame to receive the Perk,
not doing so may result in your forfeiting the Perk. Campaign Owners
should not ask for information that is not required to fulfill a Perk,
including personal information such as Social Security numbers or
credit card/banking information. Please contact us here if you receive a
request for information that appears to be excessive.
Taxes are your responsibility
. Contributors bear the sole responsibility for determining how to
treat their Contributions and receipt of any Perks for tax purposes.
Indiegogo does not offer any advice or take any responsibility for how
Contributors treat their Contributions or for any financial
consequences arising out of such treatment.
- We do not endorse any User Content. Indiegogo provides the
platform for creation of Campaigns and interaction of Users. We do not
screen any Campaigns or endorse any User Content on Our site.
- We may remove User Content in Our discretion. Indiegogo may
remove User Content that violates the Terms at its sole discretion.
Removing User Content or terminating an account is not an action We take
lightly, and We may take a while to investigate and determine if User
Content or an account should be removed. It is at Indiegogo’s sole
discretion whether to discuss the reasons regarding the removal of User
Content including the termination of any Campaign.
- We do not guarantee Perks or Refunds. Campaign Owners bear sole
responsibility for the delivery of Perks and for the offering of any
refunds outside Our
- We do not provide tax or legal advice to Users. Users bear sole
responsibility for determining how the applicable laws apply to running a
Campaign, Contributing to a Campaign, or utilizing any of the Services.
- We do not become involved in legal disputes between Users.
Indiegogo bears no liability, and has no obligation to participate or
become involved, in any dispute between Users, including between
Contributors and Campaign Owners.
- You are responsible for your Campaigns, even if you engage Our help.
Indiegogo may offer additional services, including helping with drafting
Campaign Content, assisting with the design of Campaigns, and referring
vendors and other service providers to Campaign Owners. Any such services
will be subject to a separate agreement between the Campaign Owner and
Indiegogo. Even where We help with your Campaign, Campaign Owners bear sole
responsibility for the Campaign and must comply with all obligations in the
Terms as the only responsible party for the Campaign.
Our Intellectual Property
Indiegogo Intellectual Property. Indiegogo’s Services, Content and Marks, are legally protected in a
number of ways, including pursuant to copyright, trademark, service
marks, patent, trade secrets, and other U.S. and international
intellectual-property laws. You agree to respect all copyright and
other legal notices, information, and restrictions contained in any
Indiegogo Content, Services, or Marks accessed through the Site or the
Services. You agree not to change, translate, or otherwise create
derivative works of the Services.
Limited User Rights; License to Indiegogo Content. Indiegogo grants you a limited license (that is temporary,
non-exclusive, non-sublicensable, and non-transferrable) to access and
use User Content and Indiegogo Content solely for use of the Services
in accordance with these Terms. You may not reproduce, redistribute,
transmit, assign, sell, broadcast, rent, share, lend, modify, adapt,
edit, create derivative works of, license, or otherwise transfer or use
any User Content or Indiegogo Content unless We give you express
written permission to do so. We reserve the right to revoke this
limited license to access and use User Content and Indiegogo Content at
any time and in our sole discretion.
Indiegogo Trademark Policy. You may use the Indiegogo Marks only in accordance with Our
Your Intellectual Property
Your User Content remains your property. When you submit User Content to
the Site or via the Services, you agree to the following terms:
- You allow us to use your User Content. You grant us a worldwide,
non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and
transferable right to use, exercise, commercialize, and exploit the
copyright, publicity, trademark, and database rights with respect to your
We can make changes to or delete your User Content. You grant us
the right to make changes, edits, modifications, translations, formatting,
or delete your User Content.
You have all legal rights to your User Content. You represent and
warrant that: (1) you have all licenses, rights, consents, and permissions
necessary to grant the rights set forth in these Terms to Indiegogo with
respect to your User Content; (2) your User Content does not and will not
infringe any third party's intellectual property rights, proprietary
rights, privacy rights, confidentiality, rights of publicity or otherwise
violate these Terms or applicable law; and (3) Indiegogo does not need to
obtain any licenses, rights, consents, or permissions from, or make any
payments to, any third party for any use of your User Content, or have any
liability to a User or any other party as a result of Our use or
exploitation of your User Content.
How to report Copyright and covered other Intellectual Property issues
We take intellectual property rights very seriously. We comply with
intellectual property laws and industry best practices to maintain the
integrity of Our Site and Services. The Digital Millennium Copyright Act (“DMCA”) sets out the procedure to report notices
of alleged copyright infringement. Indiegogo also maintains policies
concerning claims of trademark and patent infringement. We will respond to
notices of alleged infringement in accordance with the law, as set forth in
Our Intellectual Property Policy
here. We reserve the right, in our sole discretion, to delete or disable User
Content that has been alleged to be infringing, as well as to terminate
User accounts associated with infringers.
For further details, or to submit a claim of copyright infringement, please
visit Our Intellectual Property Policy
here. We will only respond to notices of alleged infringement submitted in
compliance with Our Intellectual Property Policy.
Indiegogo’s Rights Concerning User Accounts; Termination
- We reserve the right to monitor, terminate, suspend, or delete any User
Account at any time in Our sole discretion. We have no obligation to
comment on any reasons for account monitoring, termination, suspension, or
- We have no liability to you or third parties for any use of the Services
associated with your account or Campaign. Upon suspension or termination of
your account, you must cease all use of the Services and User Content. Your
representations and warranties shall survive termination.
Credit card payment processing services for Campaign Owners on Indiegogo
are provided by Stripe, Inc. ("Stripe") and are
subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively,
the "Stripe Services Agreement"). As a Campaign
Owner, you agree to be bound by the Stripe Services Agreement, as may be
modified by Stripe from time to time. As a condition to Indiegogo enabling
credit card payment processing services through Stripe, you agree to
provide Indiegogo accurate and complete information about yourself and your
business, and you authorize Indiegogo to share any such information with
Stripe, as well as transaction information related to your use of the
Stripe payment processing services. In all cases, standard credit card or
other third-party processing fees apply in addition to any Platform Fees.
We are not responsible for the performance of any third-party credit card
processing or third-party payment services.
System Outages and Maintenance
The Site or Services may be unavailable for scheduled maintenance and other
reasons, including unplanned outages and other malfunctions. We are not
responsible if the Site or Services are unavailable, or if you lose any
data, information, or User Content for any reason.
Unsolicited Idea Submissions
We appreciate hearing from Our Users and welcome their comments or
suggestions. But ideas that you submit may be similar or identical to
internal submissions or submissions received from another User or third
party. When We refer to a “submission” in this paragraph, We mean: any
submission, comment, or suggestion (including, but not limited to, ideas,
products, or services, know-how, concepts, suggested changes, additions, or
improvements) sent to us via the Site or in any other manner about an
existing product, service, or feature on the Indiegogo platform (“Unsolicited Idea Submission”). If you send us an
Unsolicited Idea Submission, you agree as follows:
- All Unsolicited Idea Submissions are non-confidential and
non-proprietary and will be treated as such.
By submitting an Unsolicited Idea Submission, you hereby grant Indiegogo
a perpetual, irrevocable, worldwide, non-exclusive, royalty- free,
sublicensable and transferable license to use, reproduce, distribute, sell,
exploit, prepare derivative works of and display the Unsolicited Idea
Submission, including, without limitation, in connection with the Site or
Services, and for promoting and redistributing part or all of the
Unsolicited Idea Submission (and derivative works thereof) in any media
formats and through any media channels whether now known or hereafter
developed, without payment or accounting for the Unsolicited Idea
We are under no obligation to evaluate, review, or use any Unsolicited
You agree to defend, indemnify and hold harmless Indiegogo, Our
subsidiaries and affiliated companies, and Our officers, directors,
employees, partners, contractors, representatives, agents, and third party
providers from and against any and all claims, causes of action, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
reasonable attorneys' fees and costs) and all amounts paid in settlement
arising from or relating to, breach of these Terms or violation of any
applicable laws. We reserve the right, in Our sole discretion and at Our
own expense, to assume the exclusive defense and control of any matter for
which you have agreed to indemnify us and you agree to assist and cooperate
with us as reasonably required in the defense or settlement of any such
INDIEGOGO HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, INDIEGOGO
CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH
THE USE OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIEGOGO AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS,
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE
FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. INDIEGOGO
AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS
DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES
OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES
AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF INDIEGOGO OR ITS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS,
WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS
OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY
PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
Disclaimer of Liability
Use the Services at your own risk. We make no representations about the quality, safety, morality or
legality of any Campaign, Perk or Contribution or the truth or accuracy
of User Content posted on the Services. We do not guarantee the
fulfillment or the performance of any Perks, or that Contributions will
be used as described in the Campaign. We do not control or endorse User
Content posted on the Site or in any Services and, as a result, do not
guarantee in any manner the reliability, validity, accuracy or
truthfulness of such User Content. Indiegogo is not liable for any
damages or losses related to your use of the Services. We do not become
involved in disputes between Users, or between Users and any third
party relating to the use of the Services.
You release us from all claims. When you use the Services, you release Indiegogo from claims,
damages, and demands of every kind - known and unknown, suspected or
unsuspected, disclosed or undisclosed - arising out of or related to
the Services. All Content that you access or use through the Services
is entirely at your own risk and you solely are responsible for any
resulting damage or loss to any party.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES
AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD
PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER
INDIEGOGO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT INDIEGOGO HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS
OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL
DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE
OF OR INABILITY TO USE THE; (F) ANY COMMUNICATIONS OR OTHER
INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G)
YOUR CAMPAIGNS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF INDIEGOGO AND ITS
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR
USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED
THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO INDIEGOGO BY YOU HEREUNDER, OR
ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS
OF NEW JERSEY.
You agree to comply with all applicable import, re-import, export, and
re-export control laws and regulations, including the Export Administration
Regulations, the International Traffic in Arms Regulations, and
country-specific economic sanctions programs implemented by the Office of
Foreign Assets Control. For clarity, you are solely responsible for
compliance related to the manner in which you use any third-party products
funded through the website. Further, pursuant to 15 C.F.R. § 758.6(a)(1),
you are hereby advised that for any items that are physically shipped to
you, the items are controlled by the U.S. Government and authorized for
export only to the country of ultimate destination for use by the ultimate
consignee or end-user(s) herein identified. They may not be resold,
transferred, or otherwise disposed of, to any other country or to any
person other than the authorized ultimate consignee or end-user(s), either
in their original form or after being incorporated into other items,
without first obtaining approval from the U.S. government, or as otherwise
authorized by U.S. law and regulations.
You agree to indemnify Indiegogo for any penalties, fines, attorneys’ fees
and other amounts that may be incurred by Indiegogo that arise out of or
are related to your failure to comply with this Section.
Waiver and Release (for CA Residents)
California residents must, as a condition of this Agreement, waive the
applicability of California Civil Code Section 1542 for unknown claims
which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY." You 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.
Legal Disputes Not Subject to Arbitration Will Be Handled In San
Francisco, CA and Subject to California Law.
Indiegogo is based in San Francisco, California. For any action not subject
to arbitration, you and Indiegogo agree to submit to the personal
jurisdiction of a state court located in San Francisco, CA or the United
States District Court for the Northern District of California. The Terms
and the relationship between you and Indiegogo shall be governed in all
respects by the laws of the State of California, without regard to its
conflict of law provisions.
Legal Disputes Subject to Arbitration, Dispute Resolution, and Class
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Indiegogo agree that this arbitration undertaking is made
pursuant to or in connection with a transaction involving interstate
commerce, and shall be governed by and construed and interpreted in
accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et
Terms affect interstate commerce and that the Federal Arbitration Act
governs the interpretation and enforcement of these arbitration
This Section is intended to be interpreted broadly and governs any and
all disputes between us, including but not limited to claims arising
out of or relating to any aspect of the relationship between us,
whether based in contract, tort, statute, fraud, misrepresentation or
any other legal theory; claims that arose before these Terms or any
prior agreement (including, but not limited to, claims related to
interactions between users); and claims that may arise after the
termination of these Terms. The only disputes excluded from this
Section are the litigation of certain intellectual property and small
court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes
with Indiegogo as follows:
: For any and all disputes, claims, or controversies you may have against
Indiegogo (“Disputes”), whether pursued in court or arbitration, you must
first give us an opportunity to resolve the Dispute informally by
contacting us through this link
with the following information: (1) your name, (2) your address, (3) a
written description of your claim, and (4) a description of the specific
relief you seek. If we do not resolve the Dispute within forty-five (45)
days after receiving your notification, then you may pursue resolution of
the Dispute in arbitration. You may pursue your Dispute in a court only
under the circumstances described below.
If the Dispute has not been resolved and is not subject to the exclusions
provided above, then either party may initiate binding arbitration as the
sole means to resolve all Disputes, subject to the terms set forth below.
All Disputes shall be resolved before a single arbitrator in accordance
with the JAMS Streamlined Arbitration Rules and Procedures for claims that
do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and
Procedures for claims exceeding $250,000, in each case applying the rules
and procedures in effect at the time the arbitration is initiated,
excluding any rules or procedures governing or permitting class actions.
You can find the JAMS rules and procedures
here at this link.
To start an arbitration with JAMS, you must do the following: (1) write a
Demand for Arbitration that includes a description of the claim and the
amount of damages you seek to recover (you may find a copy of a Demand for
Arbitration at www.jamsadr.com); (2) send three copies of the Demand for
Arbitration, plus the appropriate filing fee, to JAMS, 2 Embarcadero
Center, Suite 1500, San Francisco, CA 94111; and (3) send three copies of
the Demand for Arbitration to Indiegogo at 965 Mission St, 6th Floor, San
Francisco, CA 94103, ATTN: Legal Department.
You will be required to pay $250 to initiate an arbitration against us. If
the arbitrator finds the arbitration to be non-frivolous, Indiegogo will
pay all other fees invoiced by JAMS, including filing fees and arbitrator
and hearing expenses. You are responsible for your own attorneys' fees
unless the arbitration rules and/or applicable law provide otherwise.
Location of Arbitration: If you live in the United States, you may initiate and litigate the
arbitration in your hometown area or through the JAMS office located in San
Francisco, California. If you live outside the United States, you must
initiate and litigate the arbitration through the JAMS office located in
San Francisco, California. Either party may ask that the arbitration
including the hearings, arguments, and all conferences be conducted
telephonically or by video conference (e.g., Skype).
The arbitrator, and not any federal, state, or local court or agency, shall
have exclusive authority to resolve all disputes arising out of or relating
to the interpretation, applicability, enforceability, or formation of these
limited to any claim that all or any part of these Terms, Additional
to arbitration, or the question of waiver by litigation conduct. The
arbitrator shall be empowered to grant whatever relief would be available
in a court under law or in equity. The arbitrator's award shall be written
and shall be binding on the parties and may be entered in any court with
The parties understand that, absent this mandatory arbitration provision,
they would have the right to sue in court and have a jury trial. They
further understand that, in some instances, the costs of arbitration could
exceed the costs of litigation and the right to discovery may be more
limited in arbitration than in court.
CLASS ACTION WAIVER:
The parties agree that the arbitration shall be conducted in their
individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to
file a class action or seek relief on a class basis. THIS MEANS THAT
YOU AND INDIEGOGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR
REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. HOWEVER, THE PARTIES EXPRESSLY AGREE THAT
SEPARATE INDIVIDUAL ARBITRATIONS SHALL BE CONSOLIDATED, UPON REQUEST BY
EITHER PARTY, IF SUCH SEPARATE INDIVIDUAL ARBITRATIONS RELATE TO OR
ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR
OCCURRENCE(S). CONSOLIDATION MEANS THAT ANY AND ALL SEPARATELY
INITIATED ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR
SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S) ARE ALL HEARD BY
A SINGLE ARBITRATOR IN A SINGLE ARBITRATION. IF EITHER PARTY REQUESTS
CONSOLIDATION OF MULTIPLE ARBITRATIONS, THEN THE PARTIES TO THE
CONSOLIDATED CASE(S) WILL BE DEEMED TO HAVE WAIVED THEIR RIGHT TO
DESIGNATE AN ARBITRATOR AS WELL AS ANY CONTRACTUAL PROVISION WITH
RESPECT TO THE SITE OF THE ARBITRATION. THE FOLLOWING FACTORS MAY BE
CONSIDERED IN REQUESTING A CONSOLIDATION OF ARBITRATIONS:
The arbitrations have a common question of law or fact;
The issues in the multiple arbitrations are largely identical;
There are common claims, disputes, defenses, and relationships between
or among the parties in the different arbitrations;
One or more parties is named in multiple pending arbitrations;
The arbitrations relate to the same campaign featured on Indiegogo’s
Consolidation will save time and resources;
One party will be seriously prejudiced by having multiple arbitrations
By agreeing to these Terms, you are waiving your right to trial by jury
or to participate in a class action. We are also waiving these rights.
Exclusions from Arbitration:
Intellectual Property and Small Claims Court Claims:
Notwithstanding the parties' agreement to resolve Disputes through
arbitration, either party may (1) bring enforcement actions, validity
determinations or claims arising from or relating to misuse, infringement,
or misappropriation of intellectual property theft, piracy or unauthorized
use of intellectual property in state or federal court or in the U.S.
Patent and Trademark Office to protect its intellectual property rights
("intellectual property rights" means patents, copyrights, moral rights,
trademarks, and trade secrets, but not privacy or publicity rights); and/or
(2) seek relief in a small claims court for disputes or claims within the
scope of that court's jurisdiction.
30-Day Right to Opt-Out:
You have the right to opt out and not be bound by the arbitration and
class action waiver provisions set forth above.
You can opt out of the arbitration and class action waiver provisions set
forth above by sending an email from your registered email address on
Indiegogo to us here with the
subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." To opt-out,
you must send the email to Indiegogo with the required language within
thirty (30) days of the later of the following: (i) of your creation of an
Indiegogo account or your first transaction with Indiegogo, whichever is
earlier; or (ii) the date of notice from Indiegogo of a material change to
this Section via email to you. To be clear, if you opt out of the
arbitration and class action waiver provision, you will be able to pursue
any potential claims in a court of law and can
participate in a class action or other class proceeding if you so desire.
If you do not opt out properly, you agree to arbitrate. If you opt out of
the arbitration and class action waiver provisions, we will not be subject
to them either with respect to any disputes with you, meaning Indiegogo can
also litigate in a court of law and be subject to class action litigation.
If a court or arbitrator decides that any portion of this Section regarding
Dispute Resolution, Arbitration and Class Action Waiver is invalid or
unenforceable, then the portion shall be severed from the Terms and/or
deemed modified, only to the extent necessary to make it lawful. Such
invalidity shall not affect the enforceability of any other provisions of
the Terms that are not invalid or unenforceable. To affect the modification
of the portion, the portion shall be deemed deleted, added to, and/or
rewritten, whichever shall most fully preserve the intentions of the
parties as originally expressed herein.
The Terms and the relationship between you and Indiegogo shall be governed
in all respects by the laws of the State of California, without regard to
its conflict of law provisions. This “Dispute Resolution, Arbitration and
Class Action Waiver” section shall survive any termination of your account,
these Terms, or the Services.
"Campaign Owners" or "Campaigners" are those Users who raise funds
through the Site and Services;
"Campaigns" are Campaign Owners’ fundraising
campaigns through the Services;
"Content" refers to all software, technology,
designs, materials, information, communications, text, graphics, links,
electronic art, animations, illustrations, artwork, audio clips, video
clips, photos, images, reviews, ideas, and other data or copyrightable
materials or Content, including the selection and arrangements thereof
offered through the Services;
"Contributors" or "Backers" refers to those Users contributing
funds to Campaigns;
"Contributions" refers to funds donated to
Campaigns by Contributors;
"DMCA" refers to the Digital Millennium
Copyright Act of 1998, including any amendments;
"Indiegogo, " "We,
" "Our, " or "Us"
refers to Indiegogo, Inc., a Delaware corporation, together with its
parents, subsidiaries, affiliates, agents, representatives,
consultants, employees, officers, and directors;
"Indiegogo Content" refers to Content
provided by Indiegogo to Users in connection with the Services,
including, without limitation, the software, the products and the site;
"Infringement" refers to the unauthorized or
not permitted use of copyrighted material or other intellectual
"Marks" refers to the trademarks, service
marks, and logos used and displayed throughout the Services or in any
or in any Indiegogo Content;
"Perks" refers to the gifts or rewards in the
form of tangible items or intangible services offered by Campaign
Owners to Contributors;
"PII" refers to personally-identifiable
information, as that term is defined under all applicable laws;
https://www.indiegogo.com/about/privacy and incorporated herein by reference;
"Services" refers to the Site, mobile
applications or connected applications, other offerings and services
provided on the Site;
"Site" refers to the Indiegogo website(s);
and all conditions or policies referenced here;
"User, " "You, " or
" Your" refers to Campaign Owners,
Contributors or any other visitor to the Site or Users of the Services,
either individually or collectively;
"User Content" refers to Content uploaded,
transmitted or posted to the Services by a User, including User Content
in a Campaign.
Full Agreement Between You and Us
These Terms are the entire agreement between You and Indiegogo with respect
to the Services. They supersede all other communications and proposals
(whether oral, written, or electronic) between you and Indiegogo with
respect to the Services and govern our relationship. If any provision of
these Terms are deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect.
Indiegogo's failure to assert any right or provision under this Agreement
shall not constitute a waiver of such right or provision.
We may modify or discontinue the Services at any time, in our sole
discretion. You agree that, except as otherwise expressly provided in these
Terms, there shall be no third-party beneficiaries to these Terms. No
waiver of any provision of these Terms shall be deemed a further or
continuing waiver of such term or any other term, and Indiegogo’s failure
to assert any right or provision under these Terms shall not constitute a
waiver of such right or provision. You agree that regardless of any statute
or law to the contrary, any claim arising out of or related to the Services
must commence within one (1) year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.
Notwithstanding the foregoing, this statute of limitations shall not apply
to residents of New Jersey.