Terms of Use

Last Updated: October 4, 2022

These Terms of Use set forth the legally binding terms and conditions for your use of any service owned and operated by Crowd Supply, including those offered at crowdsupply.com and its subdomains. By using any of the abovementioned websites or services in any manner, including, but not limited to, contributing content, launching a project, and placing an order, you agree to be bound by these Terms of Use and all other operating rules, policies, and procedures that may be published by Crowd Supply which are incorporated herein by reference. These Terms of Use do not alter the terms or conditions of any other agreement you may have with Crowd Supply. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and that such entity agrees to be responsible to Crowd Supply if you violate these Terms of Use.

Definitions

General Definitions

Agreement: this document, the Terms of Use.

Company, Crowd Supply, we: Crowd Supply.

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: a company (e.g., Stripe, Inc. and PayPal, Inc.) that handles a financial transaction made in conjunction with the Service.

User Definitions

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 or purchases a Product through the Service after the Campaign.

Project Creator: a User responsible for running a Campaign or otherwise supplying Products through Crowd Supply for commercial sale.

Crowdfunding Definitions

Campaign: a combination of one or more Pledge 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 and/or approved by a Project Creator.

Pledge: the specific monetary sum agreed to by a Backer before the Campaign Deadline in exchange for a corresponding Product 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 and the Product is not delivered.

Pledge Level: the class of Products 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 Product.

Product: the specific good or service, whether tangible or intangible, chosen by a Backer to be delivered by a Project Creator or the Project 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.

Summary of Service

There three primary ways for Users to interact with the Service:

  1. A Project Creator can launch a Campaign for a new Product and continue selling the Product after the Campaign.
  2. A Backer can support a Project Creator's Product idea via Pledges to a crowdfunding Campaign, or purchase in-stock inventory of the Product after the Campaign.
  3. A Backer can submit for possible publication User Submissions regarding Campaigns and Products.

By using the Service, or any portion thereof, you agree to be bound by this Agreement.

Crowdfunding Campaigns

The Service offers Users the opportunity to become Backers of Campaigns in order to help fund the creation, development, or enhancement of a Product. The Project Creator offers the Backer a Product in exchange for the Backer’s Pledge.

Pledges

By using the Service to run a Campaign, you as the Project 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 Project Creator is formed. Crowd Supply is not a party to the agreement between the Backer and Project 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 Crowd Supply’s Payment Processor of choice collecting funds from Backers for the full Pledge amount as follows:

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.

Fulfillment of Products

Associated with every Pledge Level in a Campaign is an estimated ship date determined by the Project Creator. A Pledge Level’s estimated ship date may change based on the number of Pledges received, the Project Creator’s most up-to-date assessment, or other factors. When a Pledge is made for a Pledge Level, the associated estimated ship date at the time of the Pledge is considered a good faith estimate of when the associated Product will be shipped to the address provided by the Backer making the Pledge.

Backers accept the risk that Products may be late, or in some cases, not deliverable at all.

Crowd Supply will not refund Pledges already collected.

A Project Creator is not required to grant a Backer’s request for a Pledge refund unless the Project Creator is unable or unwilling to fulfill the Product owed to the Backer.

A Project Creator is required to fulfill all Products of a Project Creator’s successful Campaign or refund Pledges to any Backer whose Product the Project Creator does not or cannot fulfill.

A Project 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 Product.

Campaign Creation

A Campaign and all its constituent Content must be provided by the Campaign’s Project 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 Project Creator of a rejected Campaign.

Other than revising and resubmitting the proposed Campaign, a Project 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.

Campaign Fees and Transfer of Campaign Funds

Collecting a Pledge comprises the following steps:

  1. The Payment Processor charges the full amount of the Pledge to the credit card or other account of the Backer who made the Pledge.
  2. The Payment Processor takes from the total Pledge amount its fee (e.g., Stripe, Inc. charges 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.
  3. Crowd Supply keeps its crowdfunding, fulfillment, and other fees, as applicable and previously agreed to with the Project Creator, before transferring the remaining funds to the Project Creator.

Due to occasional failures of payments from Backers, Crowd Supply cannot guarantee to Project Creators that every Pledge will be collected.

Project 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 Project Creator having access to the funds.

Stock Sales

The Service may offer for sale Products that are in stock or for which there is a confirmed purchase order.

The Company’s Role

Crowd Supply accepts no responsibility for the use of 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 incurred damages or loss related to 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 Products 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 and Products on the Site.

Crowd Supply does not control the performance or punctuality of Campaigns.

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.

Privacy Policy

Crowd Supply’s Privacy Policy details how we collect, use, and share information about Users.

Amendment of Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use. If we make changes to these Terms of Use, we will provide Users with notice of such changes, such as by sending an e-mail, providing notice through the Site, or by updating the "Last Updated" date at the top of these Terms of Use and posting the updated Terms of Use 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.

Modifications 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.

Eligibility

Availability of the Service, in whole or in part, may depend on where you reside. You represent and warrant that: (i) you are at least the legal age in your jurisdiction to form a binding contract, (ii) all registration information you submit is accurate and truthful, (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (iv) you are not identified as a "Specially Designated National", (v) you are not placed on the Department of Commerce’s Denied Persons List, and (vi) you will not use the Service if the laws of your country prohibit you from doing so in accordance with these Terms of Use. The Company may, at 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.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or applicable laws. You are responsible for all of your activity in connection with the Service. You shall not personally, and shall not permit any third party using your account to, take any action, or submit Content, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; (ii) you know is false, misleading, or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy; (iv) constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (v) contains 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; (vi) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or (vii) impersonates any person or entity, including any employee or representative of the Company.

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.

Project 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 Campaign, or is not related to fulfilling delivery of a Product or service explicitly offered by the Project Creator.

Registration

You 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 and create an account with the Company, select a User ID by which the Service will refer to you, and select a password to protect your account. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, project name, or other identifier 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, name, or other identifier. 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’s 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.

Fees and Payments

Registering and creating an account to use the Service offered by Crowd Supply is free. However, we do charge fees and taxes for certain services. You are responsible for paying all fees and taxes associated with your use of the Service. You have an opportunity to review and accept the fees and taxes that you will be charged for use of a service. Changes to fees are effective after we provide you with notice by posting the changes on the Site. An initial estimate of taxes may be charged at the time you use the service. Subsequent charges or refunds for taxes may be made without notice based on actual taxes owed at the time the service is rendered or Product or Pledge is delivered.

Funds for fees and taxes are collected by a Payment Processor. Crowd Supply is not responsible for the performance of Payment Processors.

Third-party Sites

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.

Intellectual Property and Limited License

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.

The Company grants to each User of the Service a worldwide, non-exclusive, non-sub-licensable and non-transferable, limited license to use and reproduce the Crowd Supply Materials, solely for personal or internal business use. Such license is subject to these Terms of Use and does not include (i) any resale of the Service or the Crowd Supply Materials; (ii) the distribution, public performance or public display of any Crowd Supply Materials; (iii) modifying or otherwise making any derivative uses of the Service or the Crowd Supply Materials, or any portion thereof; (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of the Service or the Crowd Supply Materials, except as expressly permitted by us; and (vi) any use of the Service or the Crowd Supply Materials other than for their intended purposes.

Any use of the Service or the Crowd Supply Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

User Submissions

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.

You will pay all royalties and other amounts owed to any person or entity based on your User Submissions or the Company’s publishing or hosting of your User Submissions as contemplated by these Terms of Use.

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) and other laws, 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
Attn: Copyright Agent
Postal Address: 55 NE Farragut St, #2, Portland, OR 97211-2245 USA
E-mail address: support@crowdsupply.com

Termination

The 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.

Warranty Disclaimer

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 legal jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

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 e-mail 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. See the Privacy Policy for more information.

Indemnification

You 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.

Limitation of Liability

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 legal jurisdictions 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.

Governing Law

These Terms of Use (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 Oregon 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 Service are deemed a passive website that does not give rise to personal jurisdiction over Crowd Supply 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 Oregon. 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 Service, shall be filed only in the state or federal courts located in Multnomah County in the State of Oregon 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.

Severability

If any provision of the Terms of Use, or other referenced materials, 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.

Miscellaneous

The 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 a recognized overnight delivery service.

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