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9Terms of Use 9Terms of Use
10This page applies only to projects launched on or before October 18th, 2014 at 11:59pm ET. For the current version of these terms, please click here. 10These updated terms go into effect October 19, 2014, at 12 a.m. Eastern Time, and apply to all projects launched on Kickstarter on or after that date. To see the previous version of these terms, which govern all projects launched before that date, click here.
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12United States 121. Welcome to Kickstarter!
13Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered by Kickstarter, Inc. or Kickstarter London Limited (together “Kickstarter” or the “Company”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.kickstarter.com, all other sites owned and operated by Kickstarter that redirect to www.kickstarter.com, and all subdomains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.
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15Summary of Service 14This page explains our terms of use. When you use Kickstarter, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means — hence the brief summaries in these blue boxes. The summaries, for the record, are not part of the official legal terms.
15Welcome to Kickstarter. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Kickstarter Inc. (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Kickstarter,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site, like our Community Guidelines and rules for starting projects.
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17Kickstarter is a platform where certain users ("Project Creators") run campaigns to fund creative projects by offering rewards to raise money from other users (“Backers”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Backers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users. 17We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Kickstarter after a change, that means you accept the new terms.
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19Acceptance of Terms 19Kickstarter is for your personal, non-commercial use, except as explained in sections 4 and section 5 below.
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21The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at https://www.kickstarter.com/privacy, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. 212. About Creating an Account
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23The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. 23To sign up for a Kickstarter account, you need to be 18 or over. You’re responsible for your account and all the activity on it.
24You can browse Kickstarter without registering for an account. But to use some of the Kickstarter’s functions, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
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25The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. 26You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@kickstarter.com.
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27The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions. 28To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
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29Rules and Conduct 303. Things You Definitely Shouldn’t Do
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31As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, "Projects: Fundraising and Commerce"). You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that: 32This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.
33Millions of people use Kickstarter. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
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33infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; 35Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
34you know is false, misleading, or inaccurate; 36Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
35is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy; 37Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Kickstarter’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
36constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; 38Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
37contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; 39Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
38is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or 40Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Kickstarter or another party).
39impersonates any person or entity, including any employee or representative of the Company. 41Don’t abuse other users’ personal information. When you use Kickstarter — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Kickstarter project: don’t use it for other purposes, and don’t abuse it.
40Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site. 42We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things — most of which boil down to “don’t mess with our system.”
43Don’t try to interfere with the proper workings of the Services.
44Don’t bypass any measures we’ve put in place to secure the Services.
45Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Kickstarter or another party.
46Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
47Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
48Don’t take apart or reverse engineer any aspect of Kickstarter in an effort to access things like source code, underlying ideas, or algorithms.
494. How Projects Work
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42You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. 51Most of our Terms of Use explain your relationship with Kickstarter. This section is different — it explains the relationship between creators and backers of Kickstarter projects, and who’s responsible for what. This is what you’re agreeing to when you create or back a Kickstarter project.
52Kickstarter provides a funding platform for creative projects. When a creator posts a project on Kickstarter, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.
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44Project Creators agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project. 54Kickstarter is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
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46Registration 56When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.
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48You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach. 58Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.
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50Projects: Fundraising and Commerce 60If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
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52Kickstarter is a platform where Project Creators run campaigns to fund creative projects by offering rewards to raise money from Backers. By creating a fundraising campaign on Kickstarter, you as the Project Creator are offering the public the opportunity to enter into a contract with you. By backing a fundraising campaign on Kickstarter, you as the Backer accept that offer and the contract between Backer and Project Creator is formed. Kickstarter is not a party to that agreement between the Backer and Project Creator. All dealings are solely between Users. 62they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
63they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
64they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
65they’ve been honest, and have made no material misrepresentations in their communication to backers; and
66they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
67The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
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54By backing or creating a fundraising campaign on Kickstarter, you agree to be bound by this entire Agreement, including the following terms: 695. How Funding Works
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56Backers agree to provide their payment information at the time they pledge to a campaign. The payment will be collected at or after the campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the fundraising goal. The amount Backers pledge is the amount they will be charged. 71This section goes over the details of backing and creating projects — things like how money gets collected, whether pledges can be changed or canceled, and how creators can contact backers to provide rewards.
57Backers consent to Kickstarter and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds. 72These are the terms that apply when you’re backing a project:
58Backers agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
59Backers may increase, decrease, or cancel their pledge at any time during the fundraising campaign, except that they may not cancel or reduce their pledge if the campaign is in its final 24 hours and the cancellation or reduction would drop the campaign below its goal.
60The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
61Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
62For all campaigns, Kickstarter gives to the Project Creator each Backer’s User ID and pledge amount. For successful campaigns, Kickstarter additionally gives to the Project Creator each Backer’s name and email.
63For some rewards, the Project Creator needs further information from Backers, such as a mailing address or t-shirt size, to enable the Project Creator to deliver the rewards. The Project Creator shall request the information directly from Backers at some point after the fundraising campaign is successful. To receive the reward, Backers agree to provide the requested information to the Project Creator within a reasonable amount of time.
64Kickstarter does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
65Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
66Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
67Because of occasional failures of payments from Backers, Kickstarter cannot guarantee the receipt by Project Creators of the amount pledged minus fees.
68Kickstarter and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
69Kickstarter reserves the right to cancel a pledge at any time and for any reason.
70Kickstarter reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Kickstarter is not liable for any damages as a result of any of those actions. Kickstarter’s policy is not to comment on the reasons for any of those actions.
71Project Creators should not take any action in reliance on having their project posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising campaign and access to the funds.
72Kickstarter is not liable for any damages or loss incurred related to rewards or any other use of the Service. Kickstarter is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Kickstarter does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Kickstarter, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
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74Fees and Payments 74You’re only charged if the project reaches its fundraising goal. You’ll provide your payment information when you pledge, but you won’t be charged. Your payment will only be collected if, at the time of the project’s funding deadline, the project has reached its fundraising goal. The exact amount you pledged is the amount Kickstarter will collect. If the campaign hasn’t reached its fundraising goal, you won’t be charged, no funds will be collected, and no money will change hands.
75In some cases we’ll reserve the charge on your card. Kickstarter and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge, at any time between the pledge and the collection of funds.
76You can change or cancel your pledge at any time before the project’s funding deadline (with one exception). You can increase, decrease, or cancel your pledge at any time during the campaign, with one exception. During the last 24 hours of the campaign, you can’t decrease or cancel your pledge without contacting customer support first — if that action would drop the project below its funding goal. Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the creator.
77The Estimated Delivery Date is the creator’s estimate. The date listed on each reward is the creator’s estimate of when they will provide the reward — not a guarantee to fulfill by that date. The schedule may change as the creator works on the project. We ask creators to think carefully, set a date they feel confident they can work toward, and communicate with backers about any changes.
78The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time.
79Kickstarter doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project creator. Kickstarter doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.
80These are the terms that apply when you’re creating a project:
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76Joining Kickstarter is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service. 82You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.
83We’ll charge our fees before putting funds in your account. Kickstarter and its payment partners will subtract fees before transmitting the proceeds of a campaign.
84Some pledges can’t be collected, which might reduce the amount of funding you get. Because some payments can’t be collected — for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information — we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
85Don’t count your chickens before they hatch. Don’t assume you’ll be able to launch your project when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.
866. Stuff We Don’t Do and Aren’t Responsible For
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78Funds pledged by Backers are collected by Amazon Payments. Kickstarter is not responsible for the performance of Amazon Payments. 88We don’t oversee projects’ performance, and we don’t mediate disputes between users.
89Kickstarter isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release Kickstarter from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
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80Third-Party Sites 917. Our Fees
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82The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. 93Fees are only charged on successfully funded projects. We charge 5%, in addition to any fees from our payments partners.
94Creating an account on Kickstarter is free. If you create a project that is successfully funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.
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84Content and License 96We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Kickstarter isn’t responsible for its performance.
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86You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. 98You’re responsible for paying any additional fees or taxes associated with your use of Kickstarter.
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88The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right. 1008. Other Websites
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90Intellectual Property 102If you follow a link to another website, what happens there is between you and them — not us.
103Kickstarter may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
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92By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms: 105Kickstarter partners with other companies (such as Amazon Payments and Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
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1079. Your Intellectual Property
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94The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions. 109We don’t own the stuff you post on Kickstarter. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. (We generally just use this to promote projects and showcase our community on the website.) You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.
95You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission. 110Kickstarter doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
96You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
97You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Kickstarter all of the license rights granted herein.
98You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.
99The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
100The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
101All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
102The Company will not be liable for any errors or omissions in any Content.
103The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
104All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
105In accordance with the Digital Millennium Copyright Act, Kickstarter has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Kickstarter also may terminate User accounts even based on a single infringement.
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107Copyright Notifications 112We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
113When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
114You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Kickstarter all the license rights outlined here).
115Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Kickstarter’s hosting of that Content.
116You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Kickstarter or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
117You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
118We’re not responsible for mistakes in your content. Kickstarter will not be liable for any errors or omissions in any content.
11910. Kickstarter’s Intellectual Property
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109Kickstarter will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Kickstarter's Copyright Agent by submitting this form. You can also submit a notification by emailing us at copyright@kickstarter.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information): 121The content on Kickstarter is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
122Kickstarter’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
110 123
111an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 124Kickstarter grants you a license to reproduce content from the Services for personal use only. This license covers both Kickstarter’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Kickstarter or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
112a description of the copyrighted work that you claim has been infringed;
113a description of where the material that you claim is infringing is located on the Site, sufficient for Kickstarter to locate the material;
114your address, telephone number, and email address;
115a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
116a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
117If you believe that your work has been removed or disabled by mistake or misidentification, please notify Kickstarter’s Copyright Agent in writing by emailing us at copyright@kickstarter.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
118 125
119a physical or electronic signature of the user of the Services; 12611. How We Deal with Copyright Issues
120identification 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;
121a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
122the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
123Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
124 127
125If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. 128We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.
129The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Kickstarter complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
126 130
127Our designated copyright agent for notice of alleged copyright infringement can be reached at: 131If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
128 132
129Kickstarter, Inc. 133Kickstarter, Inc.
130Attn: Copyright Agent 134Attn: Copyright Agent
13158 Kent Street 13558 Kent Street
132Brooklyn, NY 11222 136Brooklyn, NY 11222
133Email: copyright@kickstarter.com 137copyright@kickstarter.com
134Termination
135 138
136The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 13912. Deleting Your Account
137 140
138Warranty Disclaimer 141You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away.
142You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.)
139 143
140The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. 14413. Our Rights
141 145
142The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Kickstarter reserves the right not to comment on the reasons for any of these actions. 146To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
147Kickstarter reserves these rights:
143 148
144The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. 149We can make changes to the Kickstarter Site and Services without notice or liability.
150We have the right to decide who’s eligible to use Kickstarter. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Kickstarter in that jurisdiction.
151We have the right to cancel any pledge to any project, at any time and for any reason.
152We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
153Kickstarter is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
145 154
146The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. 15514. Warranty Disclaimer
147 156
148Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. 157We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
158You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
149 159
150Indemnification 160KICKSTARTER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KICKSTARTER SHALL CREATE ANY WARRANTY.
151 161
152You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses. 16215. Indemnification
153 163
154Limitation of Liability 164If you do something on Kickstarter that winds up getting us sued, you have to help defend us.
155 165If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Kickstarter. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
156In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
157
158International
159
160Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
161 166
162Electronic Delivery, Notice Policy, and Your Consent 16716. Limitation of Liability
163 168
164By using the Services, you consent to receive from Kickstarter all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. Kickstarter may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services. 169If something bad happens as a result of your using Kickstarter, we’re not liable (beyond a small amount).
170To the fullest extent permitted by law, in no event will Kickstarter, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Kickstarter’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
165 171
166Governing Law 17217. Dispute Resolution and Governing Law
167 173
168These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Kickstarter or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. 174We’re located in New York, and any disputes with us have to be handled in New York under New York State law.
175We at Kickstarter encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Kickstarter and its Services are deemed a passive website that does not give rise to jurisdiction over Kickstarter or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Kickstarter, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
169 176
170Integration and Severability 17718. The Rest
171 178
172These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 179These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using Kickstarter!
180These Terms and the other material referenced in them are the entire agreement between you and Kickstarter with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Kickstarter with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Kickstarter to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
173 181
174Miscellaneous 182These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Kickstarter’s prior written consent. Kickstarter has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Kickstarter will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
175 183
176The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. 184FIN
177 185
178Updated: October 2012 186Updated: September 2014
179 187
180About us 188About us
181 189
182What is Kickstarter? 190What is Kickstarter?
1832013 highlights 1912013 highlights
184Who we are 192Who we are
185Jobs 193Jobs
186Press 194Press
187Stats 195Stats
188Projects we love 196Projects we love
189Help 197Help
190 198
191FAQ 199FAQ
192Our Rules 200Our Rules
193Creator Handbook 201Creator Handbook
194Trust & Safety 202Trust & Safety
195Support 203Support
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222Kickstarter Blog 230Kickstarter Blog
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224KICKSTARTER © 2014 Kickstarter, Inc. 232KICKSTARTER © 2014 Kickstarter, Inc.
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