Terms of Service
Effective June 23, 2014
In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising efforts as“Campaigns”. We refer to those contributing funds as “Contributors” and to the funds they contribute as“Contributions”. Campaign Owners, Contributors and other visitors to the Service are referred to collectively as “Users.”
Eligibility to Use the Service
You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend at any time for any reason without liability.
Campaign Owners are not creating a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam. We will comply with all applicable laws and regulations in carrying out the Campaign, offering Perks and using Contributions.
As a Contributor, you are solely responsible for asking questions to the extent you feel is necessary before you make a contribution. All contributions are made voluntarily and at your sole discretion and risk. You are solely responsible for determining how to treat your Contribution and receipt of any Perks for tax purposes. In the event you are issued a refund by Paypal on your Contribution because of our inability to disburse funds to a Campaign Owner, you will no longer be entitled to delivery of any Perk associated with your contribution.
Contributions, are not refundable.
Your taxing authorities may classify funds you contribute as taxable income to you and any beneficiary who will receive funds directly. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your purchase so that you understand and prepare for the tax obligations you may incur from the funds you contribute.
Third-Party Websites, Advertisers or Services
If you are a Campaigner that accepts PayPal or a Contributor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.
You agree to defend, indemnify and hold harmless all productions associated with Kill the PA, LLC, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your negligence, breach of these Terms or violation of any law. Kill the PA, LLC may assume the exclusive defense and control of any matter for which you have agreed to indemnify Kill the PA, LLC and you agree to assist and cooperate in the defense or settlement of any such matters.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
INDIEGOGO (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KILL THE PA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kill the PA, LLC executives without restriction.
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.
You agree that: (i) the Service shall be deemed solely based in California (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Kill the PA, LLC, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Kill the PA, LLC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
These Terms are the entire agreement between you and Indiegogo regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Indiegogo’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
As a Contributor, you may provide:
Your email address
Your billing name and address
Your PayPal e-mail address
We may obtain address information about you from third party sources, such as LexisNexis, for fraud prevention or for legal compliance.
We may also collect Personal Information from you as a result of your email communications with us or your Posts which we may retain along with our responses.
We display personal testimonials of satisfied users on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us using the information below.
HOW WE USE YOUR INFORMATION
Respond to your inquiries, customer service requests, complaints or your job application
- Verify activity as we deem necessary
- Send you a newsletter or other promotional communications
- The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us
Compromise of Personal Information
We will promptly notify those persons whose Personal Information is compromised. Notwithstanding, Indiegogo does not accept liability for any unintentional disclosure or a disclosure that occurs due to a security breach of our systems or facilities.
We will retain your Personal Information for as long as needed to provide you services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Protecting the privacy of young children is especially important. Kill the PA, LLC does not knowingly collect or solicit Personal Information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not send any Personal Information to us. If we learn that we have collected Personal Information from a minor, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from or about a minor, please contact us.
LINKS TO OTHER SITES