Effective February 20, 2014
In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns". We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions". Campaign Owners, Contributors and other visitors to the Service are referred to collectively as "Users."
Indiegogo is a Venue
Indiegogo is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. Indiegogo makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of content posted on the website. Indiegogo does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Service at their own risk.
Eligibility to Use the Service
You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Campaign is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Campaign, offering Perks and using Contributions.
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
- any form of ownership interest in a company or venture;
- alcohol or any other controlled substance;
- drug paraphernalia;
- weapons, ammunition, and related accessories;
- items promoting hate, personal injury, death, damage, or destruction to property; or
- any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person's rights if you were to distribute it.
Indiegogo is not a place for hatred, abuse, disrespect, meanness, harassment, or spam. Do not:
- use the Service to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or show people or animals being hurt or degraded; or
- spam our comments sections other Users with offers of goods and services or inappropriate messages.
Disputes between Campaign Owners and Contributors
Your Account Information
All of your registration information must be accurate and truthful. You agree to notify Indiegogo immediately if you discover that your account has been used without your authorization or there has been any other breach of your account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.
As a Campaign Owner, you are permitted to offer Perks to Contributors. You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Perks you offered with your Campaign. You will respond promptly and truthfully to all questions posed to you by Indiegogo. If you are unable to fulfill any of your commitments (including delivering any Perks), you will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. You will comply with all applicable laws and regulations in your use of Contributions and delivery of Perks. You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Perks. Indiegogo may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
As a Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Indiegogo doesn't guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Indiegogo does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution and receipt of any Perks for tax purposes. In the event you are issued a refund on your Contribution because of our inability to disburse funds to a Campaign Owner, you will no longer be entitled to delivery of any Perk associated with your contribution.
Fees and Payments
Setting up an account on the Service is free. We do not charge fees to Contributors, but we do charge fees to Campaign Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here http://www.indiegogo.com/how-pricing-works-on-indiegogo. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Contributions are usually made via credit card or PayPal. We are not responsible for the performance of Paypal or any 3rd party credit card processing services.
Contributions, along with our fees and charges, are not refundable.
Your taxing authorities may classify funds you raise on Indiegogo as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Campaign so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.
You may create a "Partner Page" on Indiegogo's website to link your brand with one or more Campaigns. If you create a Partner Page, you also agree to the Partner Terms.
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "Member Content"). You grant Indiegogo and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your Member Content on or in connection with the Service and our related marketing and promotional activities. As between you and Indiegogo, you continue to hold all ownership interest in your Member Content. You represent and warrant that your Member Content and our use of your Member Content 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.
Third-Party Websites, Advertisers or Services
Credit Card Terms
If your Campaign is based in the United States and raises over $100,000 in U.S. dollars through credit card transactions, you are a "Sub-merchant" under our Merchant Services Agreement with Vantiv LLC, and you hereby agree to the terms of Vantiv's Merchant Services Agreement for Sub-merchants.
If you are a Campaigner that accepts PayPal or a Contributor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.
You agree to defend, indemnify and hold harmless Indiegogo, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your negligence, breach of these Terms or violation of any law. Indiegogo may assume the exclusive defense and control of any matter for which you have agreed to indemnify Indiegogo and you agree to assist and cooperate with Indiegogo in the defense or settlement of any such matters.
Indiegogo has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
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 for unknown claims 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
INDIEGOGO (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO INDIEGOGO FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. 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 AND 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: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Indiegogo without restriction.
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.
You agree that: (i) the Service shall be deemed solely based in California (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Indiegogo, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Indiegogo that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City and County of San Francisco, California. Those who access or use the Service 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.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree Indiegogo may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between you and Indiegogo regarding its subject matter. 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.
Changes to Terms
Indiegogo may alter these Terms at any time, so please review the policies frequently. If a material change is made, Indiegogo may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at Indiegogo's sole discretion, in good faith, and using common sense and reasonable judgment.
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at firstname.lastname@example.org or at 965 Mission Street, 6th Floor, San Francisco, CA 94103 Attention: Legal Department.
DMCA Notice and Complaint of Intellectual Property Infringement other than Copyright
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") or that any Member Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify Indiegogo's Legal Department at email@example.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing ("Notice of Infringement"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("complainant").
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Indiegogo to locate the material.
- Information reasonably sufficient to permit Indiegogo to contact the complainant, such as an address, telephone number, and, if available, an electronic mail address at which the complainant may be contacted.
- A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our DMCA Agent ("Designated Agent") by mail and email to the following addresses:
Indiegogo, Inc. Attention: Legal Department 965 Mission Street, 6th Floor San Francisco, CA 94103-2921 Telephone & Fax: 866-641-4646 Email: firstname.lastname@example.org
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 material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
- a physical or electronic signature of the owner or authorized user of material;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant or an agent of such person.
Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the complainant informing the complainant that Indiegogo, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the complainant that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Service.
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the complainant are encouraged to work to an amicable resolution.
In accordance with the DMCA and other applicable laws, Indiegogo has adopted a policy of terminating, in appropriate circumstances and at Indiegogo's sole discretion, repeat infringers.
Updates To This Agreement
January 18, 2008: We added prohibitions on false Project information in "Posting a Project," expanded and clarified the Fundraising Rules in "Project Fundraising," added the section "Funding Accounts," explained that Indiegogo is not responsible for Perks and modified the language relating to tax treatment of Contributions in "Contributing to a Project," and stated again that you must have the rights to post User Content in "User Content."
February 6, 2008: We added the following clarification to the section titled "Contributing to Projects": "You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits Indiegogo's right to enter into agreements or business relationships relating to Projects."
October 6, 2008: We revised the "Project Fundraising" and "Contributing to Projects" sections to state that when a Project does not meet its Campaign Goal, a contributor's options are to make the Contribution to the Project anyway, or have the Contribution returned to the contributor's Funding Account, and to include an acknowledgment requirement for funded projects.
November 21, 2008: We revised the "Project Fundraising" and "Contributing to Projects" sections to reflect the use of a third-party payment processor to handle Contribution transactions.
May 7, 2009: We added the following clarification to "Project Fundraising" section: "Unless automated by the Processor, Project Funding will be disbursed from the Funding Account to the Project Entity's bank account according to the Project's disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will take place on the Friday immediately following the point the disbursement preference criteria are met."
August 3, 2009: We revised "Project Fundraising section to clarify that the funding goal did not have to be the amount of contributions the project owner is looking to raise by the service in total but rather the amount needed to cover a specific phase of the project. We also clarified that 3rd party processing fees are removed from Project Funding upon disbursement.
September 9, 2009: We revised the "Use of Our Service" section to include content creators as well as the "Project Fundraising" section to clarify a project's acknowledgement requirements if it's successful with fundraising.
April 21, 2010: We revised the "Project Fundraising" section to reflect the introduction of cash rewards for achieving campaign goals and deadlines.
May 6, 2010: We added the "You may not use the Service for activities that" statement to the "Use of Our Service" section.
March 5, 2012: We revised the "Project Fundraising" section to reflect the latest processing times for fund transfers.
July 24, 2012: We revised the "Use of Our Service" section section to remove that statement that did not permit people from using our site for the sale of certain items before the seller has control or possession of the item.
March 5, 2013: Second Sentence of first paragraph under Limitation of Liability was replaced with "Indiegogo will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement." to correct a scrivner's error and conform with the clear language of the immediately following paragraph.