Last Updated: August 4, 2015
Company, Crowd Supply, we: Crowd Supply, Inc.
Content: information, data, media assets, copyrightable works, and associated trademarks, including, but not limited to videos, photographs, images, artwork, graphics, audio clips, comments, databases, text, software, scripts, and metadata.
Site: data and content served from crowdsupply.com or any subdomains thereof, as well as any domain or subdomain owned and operated by the Company that redirects to crowdsupply.com or any of its subdomains.
Service: the Site in conjunction with any services owned and operated by the Company.
Payment Processor: the company (currently Stripe, Inc.) that handles all credit card transactions made in conjunction with the Service.
Pre-order: a payment made by a Customer in exchange for a product or service that is not available at the time of payment, but is expected to be available in the future.
Pre-order Period: the time between the end of a product’s Campaign and the date when all of the Premiums from the product’s Campaign have been shipped to its Backers. In the case of a product that was crowdfunded outside the Service, then the equivalent period of time, as determined solely by Crowd Supply.
User: any individual or entity who partakes of the Service.
User Submission: any Content contributed, added, created, uploaded, submitted, distributed, collected, posted, or otherwise made accessible to the Service by a User.
Backer: a User who makes a Pledge to a Campaign.
Customer: a User who purchases a product or places a Pre-order for a product through the Service.
Creator: a User responsible for running a Campaign, filling Pre-orders, or otherwise supplying products for commercial sale.
Campaign: a combination of one or more Premium Levels, a single Funding Goal, a single Funding Deadline, and explanatory media assets (text, images, video, etc.) as displayed on the Site and as submitted by the Campaign’s Creator.
Pledge: the specific monetary sum agreed to by a Backer before the Campaign Deadline in exchange for a corresponding Premium to be delivered after the Campaign has met its Funding Goal. If the Campaign does not meet its Funding Goal, then the Pledge is not collected.
Premium Level: the class of Premiums from which a Backer, in exchange for a specified Pledge amount, may freely choose to have delivered, and the estimated delivery date of such a Premium.
Premium: the specific good or service, whether tangible or intangible, chosen by a Backer to be delivered by a Creator or the Creator’s agents in exchange for a Pledge made by the Backer.
Funding Goal: the sum of Pledges that must be made to a Campaign by the Campaign Deadline in order to initiate the collection of those Pledges and deem the Campaign a success.
Campaign Deadline: A date, time, and timezone specifying the end of a Campaign and beyond which Pledges are no longer accepted.
The Service offers Users three primary ways to interact with a product or product idea:
Backers can support a Creator’s product idea via Pledges to a crowdfunding Campaign.
Customers can place Pre-orders for a Creator’s product not yet available with the expectation that the Creator will work to make the product available in the future.
Customers can purchase a Creator’s in-stock products via an online retail transaction.
The Service offers Users the opportunity to become Backers of Campaigns in order to help fund the creation, development, or enhancement of a product or service. The Creator offers the Backer a Premium in exchange for the Backer’s Pledge.
By using the Service to run a Campaign, you as the Creator are offering Users the opportunity to enter into an agreement with you. By using the Service to make a Pledge to a Campaign, you as the Backer accept that offer and an agreement between Backer and Creator is formed. Crowd Supply is not a party to the agreement between the Backer and Creator. All dealings related to Campaigns are solely between Users, regardless of the Company’s role as an intermediary.
Backers agree to provide their payment, contact, and mailing information at the time they make a Pledge to a Campaign.
Backers will be informed of the Pledge amount and any additional fees at the point they commit to making a Pledge.
Pledges to a Campaign must be made before the Campaign Deadline.
Backers consent to Crowd Supply and the Payment Processor charging their credit card for the full Pledge amount as follows:
A Pledge made prior to the Campaign meeting its Funding Goal will be charged to the Backer’s credit card as soon as the Funding Goal is met.
A Pledge made after a Campaign has met its Funding Goal will be charged to the Backer’s credit card at the time the Pledge is made.
If a Campaign has not met its Funding Goal by the Campaign Deadline, then no Pledges are collected and the credit cards of the Campaign’s Backers will not be charged for those Pledges.
Backers agree to have sufficient funds or credit available to ensure that the Pledge is collectible at the time of collection.
Crowd Supply reserves the right to cancel a Pledge at any time and for any reason.
Associated with every Premium Level in a Campaign is an estimated ship date determined by the Campaign Creator. A Premium Level’s estimated ship date may change based on the number of Pledges received, the Creator’s most up-to-date assessment, or other factors. When a Pledge is made for a Premium Level, the associated estimated ship date at the time of the Pledge is considered a good faith estimate of when the associated Premium will be shipped to the address provided by the Backer making the Pledge.
Campaign Creators may have the option to enter into a separate Fulfillment Agreement with Crowd Supply to distribute Premiums on their behalf. Entering into the Fulfillment Agreement for Premiums is required if Creators want their product to to remain available through the Service as a Pre-order product after the Campaign Deadline. If Creators do not enter into a separate Fulfillment Agreement, then Creators are responsible for fulfilling Backers’ Premiums by other means.
Backers must accept the risk that Premiums may be late, or in some cases, not deliverable at all.
Crowd Supply will not refund Pledges already collected.
A Creator is not required to grant a Backer’s request for a refund unless the Creator is unable or unwilling to fulfill the Premium owed to the Backer.
A Creator is required to fulfill all Premiums of a Creator’s successful Campaign or refund Pledges to any Backer whose Premium the Creator does not or cannot fulfill.
A Creator may cancel and refund a Backer’s Pledge at any time and for any reason, and, in so doing, is not required to fulfill the Premium.
A Campaign and all its constituent Content must be provided by the Campaign’s Creator to Crowd Supply for review before the Campaign becomes publicly accessible via the Site.
Crowd Supply reserves the right to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any reason. Crowd Supply is not liable for any damages as a result of any of those actions.
Crowd Supply, in its sole discretion, will accept or reject a proposed Campaign.
Crowd Supply, in its sole discretion, may or may not give feedback to the Creator of a rejected Campaign.
Other than revising and resubmitting the proposed Campaign, a Creator of a rejected Campaign has no recourse for compelling Crowd Supply to accept the Campaign.
Revision of a previously rejected Campaign, regardless of the extent or nature of that revision, even if the revision was carried out based on feedback previously given by Crowd Supply, does not guarantee future acceptance of the Campaign.
Collecting a Pledge comprises the following steps:
The Payment Processor charges the full amount of the Pledge to the credit card of the Backer who made the Pledge.
The Payment Processor takes from the total Pledge amount its fee, which at the time of this writing is 2.9% of the total Pledge amount plus US$0.30. The remainder of the Pledge amount is transferred by the Payment Processor to Crowd Supply
Crowd Supply keeps its fee (5% unless otherwise agreed) and reserves estimated shipping and handling fees, if appropriate, before transferring the remaining funds to the Campaign Creator. Estimated shipping and handling fees will be reconciled with actual shipping and handling fees once all Premiums have shipped.
Due to occasional failures of payments from Backers, Crowd Supply cannot guarantee to Creators that every Pledge will be collected.
Creators should not take any action in reliance on having their Campaign posted on the Site or having any of the funds from Pledges until they have the ability to withdraw and spend those funds. There may be a delay between when collection of Pledges commences and the Creator having access to the funds.
The Service may offer for Pre-order products from Campaigns that have successfully met their Funding Goal but are not yet generally available, or products crowdfunded or otherwise developed outside the Service but not yet generally available.
By using the Service to accept Pre-orders, you as the Creator are offering Users the opportunity to enter into an agreement with you. By using the Service to place a Pre-order, you as the Customer accept that offer and the agreement between Customer and Creator is formed. Crowd Supply is not a party to the agreement between the Customer and Creator. All dealings related to Pre-orders are solely between Users, regardless of the Company’s role as an intermediary.
Customers agree to provide their payment, contact, and mailing information at the time they place a Pre-order.
Customers will be informed of the cost of the Pre-order and any additional fees at the point they commit to placing the Pre-order.
Pre-orders for a product can only be placed during the product’s Pre-order Period.
Customers consent to Crowd Supply and the Payment Processor charging their credit card for the full Pre-order amount at the time the Pre-order is placed.
Customers agree to have sufficient funds or credit available to ensure that the Pre-order payment is collectible at the time the Pre-order is placed.
Crowd Supply reserves the right to cancel a Pre-order at any time and for any reason.
Associated with every product available for Pre-order is an estimated ship date determined by the product Creator. A Pre-order product’s estimated ship date may change based on the number of Pre-orders received, the Creator’s most up-to-date assessment, or other factors. When a Pre-order is placed for a product, the estimated ship date at the time the Pre-order is placed is considered a good faith estimate of when the associated product will be shipped to the address provided by the Customer placing the Pre-order.
Pre-orders may be fulfilled by Crowd Supply. Creators offering Pre-orders may enter into a separate Fulfillment Agreement with Crowd Supply to distribute Pre-orders on their behalf.
Customers must accept the risk that Pre-orders may be late, or, in some cases, not deliverable at all.
Customers may cancel a Pre-order at any time and for any reason before the Pre-order ships in exchange for an equivalent amount of credit for later use in the Service.
Content relating to a product offered for Pre-order must be provided by the product Creator to Crowd Supply for review before the product is publicly listed as available for Pre-order via the Site.
Crowd Supply reserves the right to reject, cancel, interrupt, remove, or suspend a product listed for Pre-order at any time and for any reason. Crowd Supply is not liable for any damages as a result of any of those actions.
Crowd Supply, in its sole discretion, will accept or reject proposed Pre-order products.
Crowd Supply, in its sole discretion, may or may not give feedback to the Creator of a rejected Pre-order product.
Other than revising and resubmitting the proposed Pre-order product, a Creator of a rejected Pre-order product has no recourse for compelling Crowd Supply to accept the Pre-order product.
Revision of a previously rejected Pre-order product, regardless of the extent or nature of that revision, even if the revision was carried out based on feedback previously given by Crowd Supply, does not guarantee future acceptance of the Pre-order product.
A Creator must have an account with the Payment Processor before the Creator’s proposed Pre-order product is accepted.
Pre-order funds are collected as soon as the Pre-order is placed. Collecting Pre-order funds comprises the following steps:
The Payment Processor charges the full amount of the Pre-order to the credit card of the Customer who placed the Pre-order.
The Payment Processor takes from the total Pre-order amount its fee, which at the time of this writing is 2.9% of the total Pre-order amount plus US$0.30.
The Payment Processor transfers to Crowd Supply a Pre-order fee of 10% of the total Pre-order amount.
The remainder of the Pre-order amount is transferred by the Payment Processor to Crowd Supply and reserved for the Creator for the end of the Pre-order Period, at which point all such reserved funds will be transferred from Crowd Supply to the Creator via check or wire transfer.
Creators should not take any action in reliance on having their Pre-order product posted on the Site or having any of the funds from Pre-orders until they have the ability to withdraw and spend those funds. There may be a delay between the end of the Pre-order Period and the Creator having access to the funds.
The Service may offer for sale products that are in-stock or readily available for drop shipment.
Crowd Supply accepts no responsibility for the use of Premiums, Pre-orders, or products and makes no warranty, either expressed or implied, as to their fitness or applicability for any particular use.
Crowd Supply is not liable for any damages or loss incurred related to Premiums, Pre-orders, products, or any other use of the Service.
Crowd Supply is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with Premiums or 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, Pre-orders, and products on the Site.
Crowd Supply does not control the performance or punctuality of Campaigns or Pre-orders.
The Company does not endorse any User Submissions.
You release Crowd Supply, 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 the Service.
The 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.
Additionally, 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.
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 Creator’s Campaign, profile, or project; or is not related to fulfilling delivery of a product or service explicitly offered by the Creator.
Registering and creating an account to use the Service offered by Crowd Supply 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.
Funds from Pledges by Backers, Pre-orders placed by Customers, and products ordered by Customers are collected by the Payment Processor. Crowd Supply is not responsible for the performance of the Payment Processor.
The 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.
Through the Site, e-mail, websites, and other media, the Service makes accessible Content. You agree that the Service contains Content provided by the Company and its partners 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. Unless otherwise indicated by us, the Service and all content and other materials therein, including, without limitation, the Crowd Supply logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Crowd Supply Materials”) are the proprietary property of Crowd Supply or our licensors or suppliers and are protected by U.S. and international laws.
For all your User Submissions, you agree to the following terms:
Except as otherwise provided herein, on the Service or in a separate agreement, the Company will not have any ownership rights over your User Submissions. For all your User Submissions, you grant to the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully sub-licensable, transferable right to (and to allow others acting on its behalf to) 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 (i) the Service, (ii) the Company’s (and its successors’ and assigns’) businesses, (iii) 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). 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.
You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
You 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 Crowd Supply all of the license rights granted herein.
The 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.
The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
The Company will not be liable for any errors or omissions in any Content.
The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
All 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.
In accordance with the Digital Millennium Copyright Act (DMCA), Crowd Supply has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Crowd Supply also may terminate User accounts even based on a single infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Crowd Supply’s Copyright Agent in writing as specified by the DMCA. Crowd Supply will remove infringing Content in accordance with the DMCA if properly notified that Content infringes copyright.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify Crowd Supply’s Copyright Agent in writing as specified in the DMCA. Content removed or disabled by mistake or misidentification will be reinstated in accordance with the DMCA.
Our designated copyright agent for notice of alleged copyright infringement is:
Crowd Supply, Inc.
Attn: Copyright Agent
Postal Address: 340 SE 6th Ave, Portland, OR 97214
Phone number: 800-554-2014
E-mail address: email@example.com
The 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 products. 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.
The 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 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: (i) the Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) 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.
In 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.
By using the Service, you consent to receive from Crowd Supply all communications including notices, agreements, legally required disclosures, or other information in connection with the Service (collectively, “Contract Notices”) electronically. Crowd Supply 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 Service.