Terms of Use

Welcome to Indiegogo! By using this Platform 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.

1. What Is Indiegogo?

2. User Obligations

3. Creator’s Obligations

4. Backing a Campaign

5. Indiegogo’s Role

6. Our Intellectual Property

7. Your Intellectual Property

8. How to report Copyright and other Intellectual Property issues

9. Indiegogo’s Rights Concerning User Accounts; Termination

10. Payment Processing Services

11. System Outages and Maintenance

12. Unsolicited Idea Submission

13. Indemnity

14. No Warranty

15. Disclaimer of Liability

16. Export Compliance

17. Waiver and Release (CA Residents)

18. Legal Disputes Not Subject to Arbitration Will Be Handled In San Francisco, CA and Subject to California Law.

19. Legal Disputes Subject to Arbitration, Dispute Resolution, and Class Action Waiver

20. Definitions

21. Full Agreement Between You and Us

22. Miscellaneous

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 Platform, through the Services, or by other means We deem appropriate. Such changes will take effect on the date specified by Indiegogo, but not earlier than fourteen (14) days after notification.

The following policies and guidelines are incorporated into the Terms by reference.

a. Help Center

b. Indiegogo Creator Guidelines

c. Indiegogo Backer Guidelines

d. Content Policy

e. Indiegogo Privacy Policy

f. Indiegogo Cookies Policy

Indiegogo is an online crowdfunding platform that brings Users together to support crowdfunding campaigns featuring innovative products, creative design, and inspired ventures. It allows Users to launch and seek to raise funds for their own Campaigns and to contribute to the Campaigns of others. Creators can offer Rewards to Backers in thanks for the Backers’ contribution of funds. In addition, after the conclusion of a crowdfunding Campaign, Users may also place orders through a Late Pledge or Pledge Manager, if such option is made available by the Creator.

You may use the Services provided by Us solely in accordance with these Terms of Use and subject to the restrictions set forth herein and applicable guidelines and policies. Your access to and use of the Services is conditioned upon your continued compliance with these Terms, and in particular subject to the following restrictions:

a. 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 nickname 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 at [email protected]. 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.

b. 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 legitimate business purposes. These Terms, including our rights to User Content, survive termination of an account.

c. 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 Platform or use the Services . You are responsible for any and all account activity conducted by a minor on your account.

d. 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 Rewards 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 the Indiegogo Creator Guidelines or Indiegogo Backer Guidelines, depending on their role, and must also accept and comply with Our Content Policy. It is your responsibility to continuously monitor these Guidelines and Policies as these may be updated from time-to-time at Indiegogo’s sole discretion.

e. Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.

f. 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 privacy.

g. 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 Platform.

h. 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 Platform or (2) the use of the Platform by any other User.

i. Do not engage in activities that affect the functioning of the Platform. You may not bypass any measures that We have put in place to secure Our Platform 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 Platform.

j. Fees. There are no fees for creating an account on the Platform. Creators are charged a Platform Fee as a percentage of the Pledges they raise. In addition, Creators are charged a transaction fee. Indiegogo may additionally charge transfer fees or bank delivery fees each time funds are sent to a Creator’s bank account. The Platform Fees are effective on the date that they are posted and will be announced on the Platform Fee page. Use of the Platform as a Backer is free of charge; however, Backers may incur additional fees imposed by third parties (including, by way of example, fees charged by banks for payment processing or currency conversion). Users shall be solely responsible for the payment of any such fees, charges, or taxes arising in connection with their use of Indiegogo’s services, and Indiegogo shall bear no responsibility therefor. 

Should you violate any of these Terms of Use, We reserve the right to terminate, suspend, or take any other action related to your account at Our sole discretion. You may not access Our Platform or Services if We have prohibited you from doing so.

When you create a Campaign on the Platform and ask for Pledges, including any additional Pledges collected after the Campaign through Late Pledge or Pledge Manager, the following rules apply (in addition to all other terms and additional policies). The specific obligations and requirements applicable to Creators are further set out in the Indiegogo Creator Guidelines, which form an integral part of these Terms of Use.

a. Make good faith efforts to fulfill the Rewards associated with Your Project in the timeframe that You communicate to Backers, and prioritize fulfillment of those Rewards.

b. Be responsive. Respond promptly and truthfully to all questions posed in comments, messages, or updates including any questions or requests Indiegogo makes to verify ability to fulfill. If unresponsive or if a dispute arises between You and your Backers, We may provide your name, legal mailing address and email address to your Backers, or in the instances where the law requires it.

c. Updates. Provide regular, substantive and quality updates to Backers. Immediately notify Backers if there are obstacles or delays in the Projects.

d. If you have received the Pledges, but are unable to deliver Rewards, issue refunds to Backers.

e. Comply with Laws. Comply with all applicable laws and regulations in statements concerning Your Project and Rewards, the use of Pledges and delivery of Rewards.

f. Be Truthful and Transparent. Creators should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery with verifiable evidence if requested. If you are unable to uphold claims, Indiegogo may terminate your account, withhold funds, provide your name, mailing and email address, or take other actions to enforce its rights under this Agreement and applicable law.

g. Respect Privacy. When you use the Services by creating a Campaign, or use Pledge Manager you may receive information about Users that have Contributed to your Campaign, 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 Rewards for the applicable Campaign, Pledge Manager and other Services, and may not be used or disclosed for any other purposes, including cross-promotional marketing of any other products including your own other products, 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.

h. Comply with EEA Data Controller Obligations. As a Creator, 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 enacted); and the current Standard Contractual Clauses (“SCCs”) for Co-Controllers for international data transfers. Data transfers are in accordance with the SCCs and are detailed in the Privacy Policy.

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;

- Transfers;

- Entering into contracts with only with data processors that provide adequate protections for personal data and including appropriate contractual language;

- 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. EEA data subjects may include Backers or any other party whose information you obtained in relation to your Project. The party that receives the data request is responsible for responding to the request. Creator 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 Creator, 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 the CCPA, including providing a privacy policy and a notice of 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. Creator and Indiegogo shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.

i.  Taxes. Taxing authorities may classify Pledges as taxable income to the Creator and any beneficiary who will receive funds directly from the applicable Project. Indiegogo may ask for the tax identification number (TIN) of Creators and any beneficiaries and appropriate documentation where required by applicable law for tax purposes. Indiegogo will provide Creators 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 Rewards to Backers may also give rise to sales tax, value added tax (VAT), use tax, customs duties, or other tax obligations, for which Creators and Backers are solely responsible. 

j. Respond to Requests from Indiegogo for Information about Your Project. Indiegogo does not guarantee any Projects or undertake the duty to investigate or moderate any statements made by a Creator. However, Indiegogo may, but is not required to and undertakes no obligation to, request information from Creators to investigate possible breaches of these Terms of Use. The information Indiegogo may request includes, but is not limited to, information to support Project statements, evidence that the Creator is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Project promises, product prototypes, and personal information to confirm the identity of Creators, vendors, and suppliers. You agree that Indiegogo may employ third parties to assess the documents and your Project. You agree to provide this information to Indiegogo upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by Indiegogo in writing, shall be deemed a material breach of this Terms of Use.

k. Indiegogo Reserves the Right to Withhold Funds. Creators are not guaranteed to receive Pledges made to a Project, 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 payments to a Creator for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation.

The specific rules regarding the disbursement of funds and Indiegogo’s rights to withhold funds are set out in the Indiegogo Creator Guidelines , which form an integral part of these Terms.

For example, Indiegogo may withhold payouts if it determines, in its sole discretion, that the Creator has violated any Terms. Indiegogo may also withhold funds while awaiting and reviewing information requested under paragraph (j) above, or during any investigation it conducts into the Creator’s account. If you do not provide information within the requested time or are not able to substantiate claims made in your Project, Indiegogo may terminate your Campaign, Late Pledge, Pledge Manager, and account and avail itself of any remedies available to it under these Terms of Use or applicable law. Indiegogo may also seek reimbursement from a Creator by any other lawful means, including by using third-party collection services.

Please remember that as a Creator, you are solely responsible for fulfilling the obligations of your Project and delivering Rewards. By offering Rewards, you enter into a separate legal agreement with your Backers specifically regarding such Rewards, including their delivery and any applicable warranties. If you are unable to perform this, or any of your other legal obligations, you may be subject to legal action by Backers. Your mailing address and contact information may be shared with Backers seeking legal action.

As a Backer, when you make a Pledge to a Campaign, and any additional Pledges made after the Campaign as a Late Pledge or during Pledge Manager - you understand that the following rules and these Terms apply (in addition to all other terms, including additional guidelines and policies). The Indiegogo Backer Guidelines further set out the specific rules applicable to Backers and form an integral part of these Terms of Use.

a. Voluntary Pledges. All Pledges are made voluntarily and at the sole discretion and risk of the Backer.

b. Indiegogo Does Not Guarantee that Projects Will Succeed or that Rewards Will Be Delivered or Deemed Satisfactory. By making a Pledge, Backers are supporting a Project they care about and wish to see realized. Backers acknowledge and accept the risk that the Project may experience changes, delays, or unforeseen challenges, or that the Project and its Rewards might not be completed or delivered. Indiegogo does not guarantee or represent that Pledges will be used as promised, that Creators will deliver Rewards, or that a Campaign will achieve its goals. Indiegogo undertakes no duty to investigate statements made by Creators. Indiegogo also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, legality, or suitability of any Campaign, Reward, or Pledge, or the accuracy of any User Content posted on the Platform. Delivery dates for Rewards are estimates made by the Creator (not Indiegogo) and there is no guarantee of fulfillment by such dates. No transfer of title to tangible personal property occurs through Indiegogo. It is important that Backers carefully review the risks associated with the Project as described by the Creator, as well as the Creator’s refund and cancellation policies, before making any Pledge.

c. Refunds and Cancellations. Refunds and cancellations are the sole responsibility of the Creator, under their individual refund and cancellation policy. Before supporting a Campaign or placing an order, Backer should carefully review the Creator’s policy to understand the risks involved and the circumstances, if any, under which a refund or cancellation may be possible. Indiegogo has no obligation to provide refunds and will not become involved in disputes between Backers and Creators concerning refunds or cancellations, although it may, at its discretion, help facilitate communication between them. However, funds will be automatically refunded in cases where (i) a Campaign (other than an express crowdfunding campaign) does not reach its funding goal, or (ii) a Project is cancelled by Indiegogo because the Creator did not complete the required onboarding process, and in any other circumstances expressly provided for under these Terms of Use or applicable Indiegogo policies. 

d. Collection of Funds. When Backer makes a Pledge- whether during a Campaign or afterwards through a Pledge Manager or as a Late Pledge- the processing of Backer’s payment depends on the type and timing of the Pledge. For Pledges made during a crowdfunding Campaign, Backer’s card is not charged until the end date of the Campaign, unless the Campaign is an express crowdfunding campaign, in which case the payment is collected immediately upon submission of the Pledge. Indiegogo may pre-authorize Backer’s card during the Campaign. For Pledges made through a Pledge Manager, Late Pledge, or using instant payment methods, Backer will be charged immediately upon confirmation of the payment. 

e. Communications Between Creators and Backers. Once you have made a Pledge to a Project, the Platform collects certain information from you, such as your shipping address, or feedback regarding the Project or the Reward. In addition, the Creator may also collect such information directly, as necessary to fulfill and manage the Project. In some instances, to receive the Reward, you may need to provide requested information within a specific time frame to receive the Reward. Not doing so may result in your forfeiting the Reward. Creators should not ask for information that is not required to fulfill a Reward, including personal information such as Social Security numbers. Please contact us here if you receive a request for information that appears to be excessive.

f. Taxes are your responsibility. Indiegogo does not offer any tax advice. Backers are solely responsible for any taxes or financial obligations related to their Pledges, to the extent required by applicable law. 

a. We do not endorse any User Content. Indiegogo provides the Platform for creation of Campaigns, Late Pledge, Pledge Manager and interaction of Users. We do not automatically monitor Projects or any User Content on Our Platform, nor do We endorse such content. Likewise, Indiegogo does not undertake any duty to investigate or guarantee the accuracy or truthfulness of any statements made by Creators. Backers should carefully evaluate a Project’s statements before deciding to support it.

b. We may remove User Content or cancel Campaigns, or Pledge Manager and refund Pledges in Our discretion. Indiegogo may remove User Content that violates Our Terms of Use in Our sole discretion. Removing User Content, terminating an account, or cancelling Campaigns, and Pledge Manager and refunding Pledges are not actions We take lightly, and We may take a while to investigate and determine if such actions are warranted. It is in Our sole discretion whether to discuss the reasons for taking action against any User Content or account. The detailed rules regarding Indiegogo’s content policies and rights in such situations are set out in the Content Policy , which forms an integral part of these Terms of Use.

c. We may require information about Creator’s Project before disbursing funds. Indiegogo may request information from the Creator regarding Projects and may require the provision of documentation as part of the onboarding process before any funds are released. The specific requirements regarding onboarding and documentation are set out in the Indiegogo Creator Guidelines , which form an integral part of these Terms of Use.

d. We do not guarantee Rewards or Refunds. Creators bear sole responsibility for the delivery of Rewards and for the offering of any refunds. Indiegogo only provides the Platform to facilitate Campaigns and the placement of pledges, and does not assume any responsibility or liability for the Projects themselves, the Rewards offered, or the processing of refunds.

e. 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, Pledge Manager, contributing to a Campaign, or utilizing any of the Services.

f. We do not become involved in legal disputes between Users. Indiegogo bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including between Backers and Creators, although we may, at our sole discretion, choose to facilitate communication between Users.

g. You are responsible for your Projects, even if you engage Our help. Indiegogo may offer additional services, including helping with drafting Project Content, assisting with the design of Projects, marketing services and referring vendors and other service providers to Creators. Any such services will be subject to a separate agreement between the Creator and Indiegogo. Even where We help with your Project, Creators bear sole responsibility for the Project and must comply with all obligations in these Terms of Use and applicable guidelines as the only responsible party for the Project.

a. 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 Platform or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.

b. 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.

c. Indiegogo Trademark Policy. You may use the Indiegogo Marks only in accordance with Our Trademark Policy. 

Your User Content remains your property. When you submit User Content to the Platform or via the Services, you agree to the following terms:

a. 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 User Content.

b. 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.

c. 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.

We take intellectual property rights very seriously. We comply with intellectual property laws and industry best practices to maintain the integrity of Our Platform 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.

a. 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 deletion.

b. We have no liability to you or third parties for any use of the Services associated with your account or Project. 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.

c. Indiegogo reserves the right to suspend or terminate a Campaign, Late Pledge, or Pledge Manager if it does not comply with these Terms of Use or in its sole discretion. In the event of termination, Indiegogo may refund any and all funds received by a Creator to Backers and may seek reimbursement from Creator for any funds that Creator has already received from Indiegogo. Indiegogo may also avail itself of any of the remedies provided for in these Terms and any remedies available to enforce its rights under these Terms or applicable law.

Payment processing services on Indiegogo are provided by third-party payment service providers. The current list of such providers, together with links to their applicable terms of service, is available on Our Payment Providers page and may be updated from time to time. By using Indiegogo’s Services, you agree to be bound by the terms and conditions of the applicable payment service providers, as modified by them from time to time.

As a condition to Indiegogo enabling payment processing services through these providers, Creators agree to provide Indiegogo with accurate and complete information about yourself and your business, and you authorize Indiegogo to share such information with the relevant payment service providers, as well as transaction information related to your use of the payment processing services.

In all cases, standard fees charged by the applicable payment provider (including, without limitation, credit card fees, instant payment method fees, or other third-party processing charges) apply in addition to any Platform Fees. Indiegogo is not responsible for the performance of any third-party payment processing services.

The Platform or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Platform or Services are unavailable, or if you lose any data, information, or User Content for any reason.

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 Platform 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:

a. All Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as such.

b. 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 Platform 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 Submission and,

c. We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.

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, use or misuse of the Services, breach or 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 matters.

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.

a. Use the Services at your own risk. We make no representations about the quality, safety, morality or legality of any Project , Reward or Pledge or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any Rewards, or that Pledges will be used as described in the Project. We do not control or endorse User Content posted on the Platform 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.

b. 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.

c. 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 PLEDGES.

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 Platform. 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, and violations may result in account termination and reporting to relevant agencies.

California residents must, as a condition of this Agreement and using the Platform as a User, 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.

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.

Pre-Arbitration Dispute Resolution : 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 email address: [email protected] 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 Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833-3502, ATTN: Indiegogo, Inc. - Arbitration Demand.

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 Terms, Additional Policies, or the Privacy Policy, including but not limited to any claim that all or any part of these Terms, Additional Policies, or Privacy Policy is void or voidable, whether a claim is subject 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 jurisdiction.

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.

- 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 platform;

- Consolidation will save time and resources;

- One party will be seriously prejudiced by having multiple arbitrations heard separately.

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.

Severability: 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.

a. “Agreement” refers to agreement between User and Indiegogo formed as a result of your acceptance of these Terms of Use, as further described in Section 21 hereof.

b. “Backer" or "Backers" refers to those Users contributing funds to Projects, whether during the crowdfunding Campaign or afterwards through a Late Pledge or Pledge Manager;

c. "Creator" or “Creators" refers to those Users who raise funds through the Platform and Services;

d. "Campaigns" refers to Creators’ crowdfunding campaigns through the Services;

e. "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;

f. "DMCA" refers to the Digital Millennium Copyright Act of 1998, including any amendments;

g. "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;

h. "Indiegogo Content" refers to Content provided by Indiegogo to Users in connection with the Services, including, without limitation, the software, the products and the Platform;

i. "Infringement" refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;

j. “Late Pledge” refers to a Pledge made by a Backer after the original crowdfunding Campaign has ended, in order to support the Project or to modify an existing order, subject to the Creator’s settings and the availability of Rewards;

k. "Marks" refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any Indiegogo Content;

l. "PII" refers to personally-identifiable information, as that term is defined under all applicable laws;

m. "Platform" refers to the Indiegogo website;

n. "Pledge” or “Pledges" refers to funds committed or paid by Backers whether during the crowdfunding Campaign or afterwards through a Late Pledge or Pledge Manager;

o. “Pledge Manager” refers to a post-campaign tool made available on the Platform that allows Creators to manage Backer pledges after the crowdfunding Campaign, including collecting shipping and tax information, managing add-ons and upgrades. It also allows Backers, where enabled by the Creator, to place additional orders or modify existing Pledges.

p. "Privacy Policy" refers to Indiegogo’s Privacy Policy, found at https://www.indiegogo.com/about/privacy and incorporated herein by reference;

q. “Project” refers to any initiative, including a Campaign, led by the Creator and made available on the Platform. 

r. “Rewards" refers to the gifts or rewards in the form of tangible items or intangible services offered by Creators to Backers;

s. "Services" refers to the Platform, mobile applications or connected applications, other offerings and services provided on the Platform;

t. "Terms" or "Terms of Use" refers to the Terms of Use, Additional Policies, Indiegogo’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;

u. "User, " "You, " or " Your" refers to Creators, Backers or any other visitor to the Platform or Users of the Services, either individually or collectively;

v. "User Content" refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.

These Terms are the entire agreement between You and Indiegogo, depending on your role as a Creator or as a Backer, 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. Indiegogo is not a party to, and assumes no responsibility for, any agreement between a Creator and a Backer relating to the offering, delivery, or fulfillment of Rewards within a Project, which agreement exists solely between the Creator and the Backer.

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.