Terms

FundMyFilm

Welcome filmmakers! 

By using our platform and the Services, in addition to any Additional Policies applicable to any particular features, Content and functionality of the Services (incorporated into the Terms by reference), offered by FundMyFilm, Users agree to be bound by these Terms.

IMPORTANT NOTICE: AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, USERS AGREE TO RESOLVE DISPUTES WITH FUNDMYFILM THROUGH BINDING ARBITRATION AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER IN SECTION 19 BELOW).

FundMyFilm may amend the Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If We make any material change to these Terms, We will notify Users by posting a notice on Our Site, through the Services, or by other means We deem appropriate.

Additional Policies

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

What is FunMyFilm?

  1. FundMyFIlm is an online crowdfunding platform that brings Users together and allows Users to seek to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer Perks to Contributors in thanks for the Contributors’ donation of funds.

  2. User Obligations

    We grant you a limited, non-exclusive, non-transferable, and revocable license to use Our Services—subject to the Terms and the following restrictions in particular:

    1. You are responsible for your account. To use many of the Services, you will need to register and create an account with a username and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify FundMyFilm immediately by contacting us. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
    2. Terminating your account. You may submit a request to terminate your account by contacting us. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our business purposes. These Terms, including our rights to User Content, survive termination of an account.
    3. You must be 18 years old. 
    4. Follow the law and Our policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not offer Perks that are illegal, violate any of FundMyFilm's policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. 
    5. Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
    6. Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy.
    7. Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listservs, or any kind of autoresponder or spam on or through the Site.
    8. Respect the property of others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.
    9. Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorized access to any system, data, passwords, or other FundMyFilm or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
    10. Fees. There are no fees for creating an account on the Site. 

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

  3. Campaign Owner Obligations

    As a Campaign Owner, when you create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both FundMyFilm and with Contributors, and the following rules apply (in addition to the all other Terms and Additional Policies).

    1. Make good faith efforts to fulfill the Perks associated with a Campaign in the timeframe that is communicated to Contributors.
    2. Immediately notify Contributors if there are obstacles or delays.
    3. Be responsive. Respond promptly and truthfully to all questions posed by Contributors and any questions or requests FundMyFilm makes.
    4. Updates. Provide substantive and quality updates at least once a month to Contributors.
    5. If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Perks .
    6. Comply with Laws. Comply with all applicable laws and regulations in the use of Contributions and delivery of Perks.
    7. Be Truthful and Transparent. Campaign Owners should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery. If you are unable to substantiate claims, Indiegogo may terminate your account, withhold funds, or other actions to enforce its rights under this Agreement and applicable law.
    8. Respect Privacy. When you use the Services by creating a Campaign, you may receive information about other Users, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Perks for the applicable Campaign and other Services, and may not be used or disclosed for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User obtained independently from Indiegogo or the Service. You will maintain, and be required to produce if requested, records of all such verifiable consent.
    9. Respond to Requests from FundMyFilm for Information about Your Campaign. FundMyFilm does not guarantee any Campaigns or undertake the duty to investigate or moderate any statements made by a Campaign Owner (see section 4 below). However, FundMyFilm may, but is not required to and undertakes no obligation to, request information from Campaign Owners to investigate possible breaches of this Agreement. The information FundMyFilm may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Owner is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Owners, vendors, and suppliers. You agree that FundMyFilm may employ third parties to assess the documents and your Campaign. You agree to provide this information to FundMyFilm upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by FundMyFilm in writing, shall be deemed a material breach of this Agreement. 
    10. Please remember that as a Campaign Owner, you are solely responsible for fulfilling the obligations of your Campaign and delivering Perks. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Contributors.

  4. Backing a Campaign

    As a Contributor, when you make a Contribution to a Campaign, you understand that the following rules and Terms apply (in addition to all other Terms, including Additional Policies). 

    1. Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
    2. FundMyFilm Does Not Guarantee that Campaigns Will Succeed or that Perks Will Be Delivered or Deemed Satisfactory. By contributing to a Campaign, Contributors are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Perks, might not come to fruition. FundMyFilm does not guarantee or represent that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. FundMyFilm undertakes no duty to investigate claims made by Campaign Owners. FundMyFilm also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of any User Content posted on the Services. The date to deliver a Perk is an estimate by the Campaign Owner (not FundMyFilm), and there is no guarantee that the Campaign Owner will fulfill and deliver the Perk by that date. No transfer of title to tangible personal property occurs through FundMyFilm.
    3. Limited Refund. FundMyFilm offers a limited refund to Contributors, only where the Campaign has not ended, the Contributor has not received a Perk (as confirmed by FundMyFilm), and the Contribution has not been sent to the Campaign Owner. FundMyFilm does not offer refunds outside Our Refund Policy, but may do so under our sole discretion. Where refunds are not available under the Refund Policy, a Contributor may contact the Campaign Owner directly to request a refund. FundMyFilm has no obligation to participate or become involved in any dispute between Contributor and Campaign Owner concerning a refund.
    4. Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
    5. Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as shipping address, specific preferences for a Perk (for example, color or size of a t-shirt), or may ask for feedback on the Campaign or the Perk. In some instances, to receive the Perk, you may need to provide requested information within a specific time frame to receive the Perk, not doing so may result in your forfeiting the Perk. Campaign Owners should not ask for information that is not required to fulfill a Perk, including personal information such as Social Security numbers or credit card/banking information. Please contact us if you receive a request for information that appears to be excessive.
    6. Taxes are your responsibility . Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Perks for tax purposes. FundMyFilm does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.

  5. FundMyFilm’s Role

    1. We do not endorse any User Content. FundMyFilm provides the platform for creation of Campaigns and interaction of Users. We do not screen any Campaigns or endorse any User Content on Our site. Likewise, FundMyFilm does not undertake any duty to investigate or guarantee the truthfulness of any claims made by Campaign Owners. You should evaluate a Campaign’s statements before choosing to back the Campaign.
    2. We may remove User Content or cancel Campaigns and refund Contributions in Our discretion. FundMyFilm may remove User Content that violates the Terms at its sole discretion. Removing User Content, terminating an account, or cancelling Campaigns and refunding Contributions are not actions We take lightly, and We may take a while to investigate and determine if such actions are warranted. It is at FundMyFilm’s sole discretion whether to discuss the reasons for taking action against any User Content or account.
    3. We may require you to provide information about your Campaign before disbursing funds. FundMyFilm may, but is not required to, request information from you regarding Campaigns. See section 3(j) above for more information.
    4. We do not guarantee Perks or Refunds. Campaign Owners bear sole responsibility for the delivery of Perks and for the offering of any refunds outside our refund policy
    5. We do not provide tax or legal advice to Users. Users bear sole responsibility for determining how the applicable laws apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.
    6. We do not become involved in legal disputes between Users. FundMyFilm bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including between Contributors and Campaign Owners.
    7. You are responsible for your Campaigns, even if you engage Our help. FundMyFilm may offer additional services, including helping with drafting Campaign Content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Owners. Any such services will be subject to a separate agreement between the Campaign Owner and Indiegogo. Even where We help with your Campaign, Campaign Owners bear sole responsibility for the Campaign and must comply with all obligations in the Terms as the only responsible party for the Campaign.

  6. Our Intellectual Property

    1. FundMyFilm Intellectual Property. FundMyFilm’s Services, Content and Marks, are legally protected in a number of ways, including pursuant to copyright, trademark, service marks, patent, trade secrets, and other Australian. and international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any FundMyFilm Content, Services, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
    2. Limited User Rights; License to FundMyFilm Content.FundMyFilm grants you a limited license (that is temporary, non-exclusive, non-sublicensable, and non-transferrable) to access and use User Content and FundMyFilm Content solely for use of the Services in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or FundMyFilm Content unless We give you express written permission to do so. We reserve the right to revoke this limited license to access and use User Content and FundMyFilm Content at any time and in our sole discretion.

  7. Your Intellectual Property

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

    1. You allow us to use your User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User Content.
    2. We can make changes to or delete your User Content. You grant us the right to make changes, edits, modifications, translations, formatting, or delete your User Content.
    3. You have all legal rights to your User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to FundMyFilm with respect to your User Content; (2) your User Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) FundMyFilm does not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content, or have any liability to a User or any other party as a result of Our use or exploitation of your User Content.

  8. Payment Services

    Credit card payment processing services for Campaign Owners on FundMyFilm are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). As a Campaign Owner, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition to FundMyFilm enabling credit card payment processing services through Stripe, you agree to provide FundMyFilm accurate and complete information about yourself and your business, and you authorize FundMyFilm to share any such information with Stripe, as well as transaction information related to your use of the Stripe payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to any Platform Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.

  9. System Outages and Maintenance

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

  10. Indemnity

    You agree to defend, indemnify and hold harmless FundMyFilm, Our subsidiaries and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any applicable laws. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.

  11. No Warranty

    FUNDMYFILM HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, FUNDMYFILM CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUNDMYFILM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FUNDMYFILM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF FUNDMYFILM OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

  12. Disclaimer of Liability

    1. Use the Services at your own risk. We make no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any Perks, or that Contributions will be used as described in the Campaign. We do not control or endorse User Content posted on the Site or in any Services and, as a result, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. FundMyFilm is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.
    2. You release us from all claims. When you use the Services, you release Indiegogo from claims, damages, and demands of every kind - known and unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.

    3. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER FUNDMYFILM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNDMYFILM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.

      IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF FUNDMYFILM AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FUNDMYFILM BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.

      THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

  13. Definitions

    1. "Campaign Owners" or "Campaigners" are those Users who raise funds through the Site and Services;
    2. "Campaigns" are Campaign Owners’ fundraising campaigns through the Services;
    3. "Content" refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through the Services;
    4. "Contributors" or "Backers" refers to those Users contributing funds to Campaigns;
    5. "Contributions" refers to funds donated to Campaigns by Contributors;
    6. "DMCA" refers to the Digital Millennium Copyright Act of 1998, including any amendments;
    7. "FunMyFilm, " "We, " "Our, " or "Us" refers to FUNDMYFILM, , a Delaware corporation, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
    8. "Fundmyfilm Content" refers to Content provided by fundmyfilm to Users in connection with the Services, including, without limitation, the software, the products and the site;
    9. "Infringement" refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
    10. "Marks" refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any fundmyfilm Content;
    11. "Perks" refers to the gifts or rewards in the form of tangible items or intangible services offered by Campaign Owners to Contributors;
    12. "PII" refers to personally-identifiable information, as that term is defined under all applicable laws;
    13. "Privacy Policy" refers to Indiegogo’s Privacy Policy, and incorporated herein by reference;
    14. "Services" refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;
    15. "Site" refers to the FunMyFilm website(s);
    16. "Terms" or "Terms of Use" refers the Terms of Use, Additional Policies, Fundmyfilm's Privacy Policy, all applicable laws, and all conditions or policies referenced here;
    17. "User, " "You, " or " Your" refers to Campaign Owners, Contributors or any other visitor to the Site or Users of the Services, either individually or collectively;
    18. "User Content" refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.

  15. Full Agreement Between You and Us

    These Terms are the entire agreement between You and FunMyFilm with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and FundMyFilm with respect to the Services and govern our relationship. 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. FunMyFilm's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  16. Miscellaneous

    We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FunMyFilm’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.