CrowdMall Terms of Service
Effective March 27, 2023 | Last updated on: March 27, 2023
Welcome to CrowdMall. CrowdMall, LLC provides website features and other products and services to you when you visit or shop at CrowdMall.co, use CrowdMall products or services, use CrowdMall applications for mobile, or use software provided by CrowdMall in connection with any of the foregoing (collectively, "CrowdMall Services"). By using CrowdMall services, you agree, on behalf of yourself and all members of your household and others who use any service under your account, to the following conditions.
Please review our other policies posted on this site. These policies also govern your use of CrowdMall services. We reserve the right to make changes to our site, policies, service terms, and these conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The following policies and guidelines are incorporated into the terms by reference.
1. Help Center
4. Satisfaction guaranteed
6. Sustainability policy
7. Trust and safety policy
8. Shipping and returns policy
9. CrowdMall cookies policy
10. Do not sell my information
"Campaign owners", "Sellers" or "Product creators" are those users who test their products in the market and raise funds on CrowdMall via pre-selling goods to buyers
"Campaigns" are product creators’ idea-validation, crowd selling initiatives conducted at CrowdMall
"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 CrowdMall
"Buyers" refers to those users who pre-order products from campaigns run at CrowdMall
"Pre-orders" refers to purchases of pre-launch products available at CrowdMall product campaign pages
"DMCA" refers to the Digital Millennium Copyright Act of 1998, including any amendments
"CrowdMall, " "We, " "Our, " or "Us" refers to CrowdMall, LLC – a Delaware corporation – together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors
"CrowdMall content" refers to content provided by CrowdMall to users in connection with the services, including (without limitation) the software, the products and the site
"Infringement" refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights
"Marks" refers to the trademarks, service marks, and logos used and displayed throughout the services or in any or in any CrowdMall content
"PII" refers to personally-identifiable information, as that term is defined under all applicable laws;
“Product” refers to items promoted on campaign pages for the purpose of attracting pre-orders and securing idea validation
"Services" refers to the site, mobile applications or connected applications, other offerings and services provided on the site;
"Site" refers to the CrowdMall website(s)
"User, " "You, " or " Your" refers to product creators, buyers or any other visitor to the site or users of the services, either individually or collectively
"User content" refers to content uploaded, transmitted or posted to the services by a user, including product campaign pages.
CrowdMall is an online marketplace that brings users together to offer, sell, and buy innovative pre-launch products in a variety of pricing formats. CrowdMall allows (a) creators to seek market validation via pre-order sales of their own products and (b) buyers to pre-order products from creators’ campaign pages. CrowdMall is not a party to contracts for sale between product creators (sellers) and buyers.
Any guidance CrowdMall provides as part of our services – such as advice to product creators on pricing, shipping, listing, and sourcing – is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, CrowdMall has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. In the event of a payment or delivery failure CrowdMall will seek to find a remedy per our ‘Satisfaction Guarantee’.
You can browse CrowdMall without registering for an account. But to use some of CrowdMall’s functions, you’ll need to register, choose a username, set a password, and have a valid payment method associated with it. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to email@example.com.
CrowdMall does pre-sell products for children, but it sells them to adults, who can purchase pre-orders with a credit card or other permitted payment method via Stripe, which holds your money in trust until you receive the product you have pre-ordered. If you are under 18, you may use the CrowdMall services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their CrowdMall household. Alcohol listings on CrowdMall are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. CrowdMall reserves the right to refuse service, terminate accounts, terminate your rights to use CrowdMall services, remove or edit content, or cancel orders in its sole discretion.
Creating an account
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
In connection with using or accessing our services you agree to comply with this user agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "intellectual property rights") that belong to or are licensed to CrowdMall. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to CrowdMall or someone else.
Infringe any intellectual property rights that belong to third parties affected by your use of our services or post content that does not belong to you
Fail to pay for items purchased by you, unless you have a valid reason as set out in a CrowdMall policy, for example, where the seller has materially changed the item's description after you pre-order
If we believe you are abusing CrowdMall or violating our policies in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our services.
We expect everyone who uses CrowdMall to behave responsibly and help keep this a nice place to engage with. Don’t do any of these things on the site:
We also need to make sure that the site is secure and our systems function properly. So don’t do any of these things—most of which boil down to “don’t mess with our system.”
Additional CrowdMall software terms
The following terms (“software terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with CrowdMall services (the "CrowdMall software").
How pre-ordering works
These are the terms that apply when you’re pre-ordering a campaign:
CrowdMall attempts to be as accurate as possible via guidance and procedures for product creators. However, CrowdMall does not warrant that product descriptions or other content of any CrowdMall service is accurate, complete, reliable, current, or error-free. If a product offered by CrowdMall itself is not as described, your sole remedy is to return it in unused condition.
When you provide content using our services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you have in that content in connection with our provision, expansion, and promotion of our services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in that content against CrowdMall, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these terms and policies. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this agreement, does not and will not infringe any intellectual property rights of any third party. CrowdMall takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including CrowdMall users). You may use that content solely in your CrowdMall listings. CrowdMall may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but we cannot promise that the content provided through our services will always be available, accurate, complete, and up-to-date. You agree that CrowdMall is not responsible for examining or warranting the listings or content provided by third parties through our services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name "CrowdMall" and other CrowdMall marks, logos, designs, and phrases that we use in connection with our services are trademarks, service marks, or trade dress of CrowdMall in the U.S. and other countries. They may not be used without the express written prior permission of CrowdMall.
Content that you post using our services is your content (so let’s refer to it as “your content”). We don’t make any claim to it, which includes anything you post using our services (like profile names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.)
Responsibility for your content. You understand that you are solely responsible for your content. You represent that you have all necessary rights to all parts of your content and that you’re not infringing or violating any third party’s rights by posting it
Permission to use your content. By posting your content through our services, you grant CrowdMall a license to use it. We don’t claim any ownership to your content, but we have your permission to use it to help CrowdMall function and grow. That way, we won’t infringe any rights you have in your content and we can help promote it. For example, you acknowledge and agree CrowdMall may offer you or CrowdMall buyers promotions on the site, from time to time, that may relate to your listings
Rights you grant CrowdMall. (Here’s the legalese version of the last section). By posting your content, you grant CrowdMall a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to provide the services and to promote CrowdMall, your CrowdMall campaign, or the services in general, in any formats and through any channels, including across any CrowdMall services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent your content contains any personal information
Reporting unauthorized content. CrowdMall has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the services. If content that you own or have rights to has been posted to the services without your permission and you want it removed, please follow the steps listed in our rules. If your content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens
Inappropriate, false, or misleading content. This should be common sense, but there are certain types of content we don’t want posted on CrowdMall’s services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our terms and policies. You also agree not to post any content that is false and misleading or uses the services in a manner that is fraudulent or deceptive.
Reviews, comments, communications, and other content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CrowdMall reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CrowdMall a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CrowdMall and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CrowdMall for all claims resulting from content you supply. CrowdMall has the right but not the obligation to monitor and edit or remove any activity or content. CrowdMall takes no responsibility and assumes no liability for any content posted by you or any third party.
"List price" means the pre-order price of a product as provided by a creator.
When buying an item using our services, you agree to CrowdMall’s terms and policies for buyers and that:
CrowdMall does not store any banking or credit card information directly on its servers. We also do not share your payment details with product creators (i.e., sellers). All credit card information is securely handled by Stripe via industry-standard encrypted connections. Stripe (our provider) is fully PCI-compliant and a highly trusted payment processor. PCI-compliance is an information security standard for organizations that handle branded credit cards from the major card schemes. The PCI Standard is mandated by the card brands and administered by the Payment Card Industry Security Standards Council. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, Stripe uses best-in-class security tools and practices to maintain a high level of security.
If you are a buyer:
Both CrowdMall and product creators process buyers’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under international law. That means that each party is responsible for the personal information it processes in providing the services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not CrowdMall, will be responsible for that unauthorized disclosure.
If, however, CrowdMall and product creators are found to be joint data controllers of buyers’ personal information, and if CrowdMall is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify CrowdMall for the expenses it occurs in connection with your processing of buyer personal information.
When you use CrowdMall services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site, or through the other CrowdMall services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Authorization to Contact You; Recording Calls; Analyzing Message Content
CrowdMall may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with CrowdMall or its agents for quality control and training purposes, or for its own protection.
CrowdMall's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of CrowdMall's User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. eBay may store message contents, including to conduct this scanning and analysis.
CrowdMall may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
CrowdMall partners with other companies (such as Stripe) for payment processing. When you purchase or create a project, you’re also agreeing to the payment processor’s terms of service.
All content included in or made available through any CrowdMall service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CrowdMall or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CrowdMall Service is the exclusive property of CrowdMall and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CrowdMall service are trademarks or trade dress of CrowdMall in the U.S. and other countries. CrowdMall's trademarks and trade dress may not be used in connection with any product or service that is not CrowdMall's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CrowdMall. All other trademarks not owned by CrowdMall that appear in any CrowdMall service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CrowdMall.
License and access
Subject to your compliance with these terms and policies, and your payment of any applicable fees, CrowdMall or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CrowdMall services. This license does not include any resale or commercial use of any CrowdMall service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CrowdMall service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these terms and policies are reserved and retained by CrowdMall or its licensors, suppliers, publishers, rightsholders, or other content providers. No CrowdMall service, nor any part of any CrowdMall service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CrowdMall. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CrowdMall without express written consent. You may not use any meta tags or any other "hidden text" utilizing CrowdMall's name or trademarks without the express written consent of CrowdMall. You may not misuse the CrowdMall services. You may use the CrowdMall services only as permitted by law. The licenses granted by CrowdMall terminate if you do not comply with these terms and policies.
Our 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:
CrowdMall intellectual property. CrowdMall'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 U.S. and international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any CrowdMall 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.
Limited user rights; license to CrowdMall content. CrowdMall grants you a license to reproduce content from the services for personal use only. This license covers both CrowdMall's own protected content and user-generated content on the site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from CrowdMall or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
You allow CrowdMall to utilize 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.
CrowdMall 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.
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 CrowdMall 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) CrowdMall 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.
CrowdMall trademark policy. You may use the CrowdMall marks only in accordance with our trademark policy.
To protect the health and integrity of our system and to help ensure that creators and buyers enjoy a safe and secure environment, CrowdMall reserves these rights:
CrowdMall is not liable for any damages as a result of any of these actions.
It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.
Your intellectual property
CrowdMall doesn’t own the content you submit to us (your “content”). But we do need certain licenses from you in order to perform our services. When you submit a product for review, or launch a campaign, you agree to these terms
How we deal with copyright issues
We take intellectual property rights very seriously. We comply with intellectual property laws and industry best practices to maintain the integrity of our site and services.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. CrowdMall complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our rules. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
CrowdMall respects the intellectual property of others. If you believe that your intellectual property rights are being infringed (including, but not limited to, copyright, trademark, and patent claims) our designated agent for notice of alleged copyright infringement is:
8 The Green
Dover, DE 19901
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
Unsolicited idea submissions
CrowdMall appreciates hearing from users and welcomes their comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another user or third party. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, suggested changes, additions, or improvements) sent to us via the site or in any other manner about an existing product, service, or feature on the CrowdMall platform (“unsolicited idea submission”). If you send us an unsolicited idea submission, you agree as follows:
Third-party partner businesses
Creators sell product lines through the CrowdMall Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products offered by these businesses or individuals, you are purchasing directly from those third parties, not from CrowdMall. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). CrowdMall does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of warranties and limitation of liability
CrowdMall tries to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will CrowdMall (including our officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or CrowdMall was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the CrowdMall money-back guarantee, up to the price the item sold for on CrowdMall (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
To the fullest extent permitted by law, in no event will CrowdMall, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall CrowdMall’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Things you can’t sue us for
Items you purchase. You understand that CrowdMall does not manufacture, store, or inspect any of the items sold through our services. We provide the venue; the items in our marketplaces are produced, listed, and pre-sold directly by independent product creators, so CrowdMall cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release CrowdMall from any claims related to items sold through our services, including for defective items, misrepresentations by product creators, or items that caused physical injury (like product liability claims).
Content you access. You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through the services. CrowdMall is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the services. You release us from all liability relating to that content.
People you interact with. You can use the services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Gift cards and promotions. You acknowledge that CrowdMall does not make any warranties with respect to your gift card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a gift card or gift card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your gift card if your gift card or gift card code has been reported lost or stolen, or if we believe your gift card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your gift card code stops working, your only remedy is for us to issue you a replacement gift card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
System outages and maintenance. The site or services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. CrowdMall is not responsible if the site or services are unavailable, or if you lose any data, information, or user content for any reason.
What happens if you get us sued (indemnification)
If CrowdMall gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend CrowdMall (including any of our officers, directors, employees, and agents) and hold us harmless from any legal claim causes of action, damages, obligations, losses, liabilities, costs or debt, expenses, or demand (including reasonable lawyer’s fees) made by any third party that arises from your actions, your use (or misuse) of our services, your breach of the terms, or you or your account’s infringement of someone else’s rights
We reserve the right to handle and control our legal defense however we see fit (and at our own expense), even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Waiver and release (for CA residents)
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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You 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.
Any dispute or claim relating in any way to your use of any CrowdMall service will be adjudicated in the state or federal courts in Delaware, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
Disputes with other users
If you have a dispute with one or more users, you release CrowdMall (and our respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
If you find yourself in a dispute with another user of CrowdMall’s services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Buyers and product creators who are unable to resolve a dispute related to a pre-order transaction on CrowdMall may contact our customer service team for arbitration and advice. CrowdMall will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. CrowdMall has no obligation to resolve any disputes.
Disputes with CrowdMall
These rules will govern any legal dispute involving our services:
The terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and CrowdMall agree that any dispute or claim arising from or relating to the terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these terms you can find the AAA rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
For EU product creators, if any dispute arises in connection with the terms, the parties should first try to resolve the dispute through the complaints procedure. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR. Any arbitration or mediation under the terms will take place on an individual basis. You understand that by agreeing to the terms, you and CrowdMall are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of arbitration
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, CrowdMall will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
We’re based in Delaware, so any legal action against CrowdMall related to our services must be filed and take place in Kent County, Dover, Delaware. For all actions under the AAA rules, the proceedings may be filed where your residence is, or in Dover, Delaware, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and CrowdMall agree to submit to the personal jurisdiction of a state or federal court located in Kent County, Dover, Delaware if your contract is with CrowdMall, LLC.
If you are a government agent or entity in the United States using the services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the terms and any action related to the terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware.
If we make any changes to this “Disputes with CrowdMall” section after the date you last accepted the terms, those changes will not apply to any claims filed in a legal proceeding against CrowdMall prior to the date the changes became effective. CrowdMall will notify you of substantive changes to the “Disputes with CrowdMall” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send CrowdMall a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and CrowdMall in accordance with the provisions of this “Disputes with CrowdMall” section as of the date you last accepted the terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the terms.
Class action waiver
The parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THIS MEANS THAT YOU AND CROWDMALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. HOWEVER, THE PARTIES EXPRESSLY AGREE THAT SEPARATE INDIVIDUAL ARBITRATIONS SHALL BE CONSOLIDATED, UPON REQUEST BY EITHER PARTY, IF SUCH SEPARATE INDIVIDUAL ARBITRATIONS RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S). CONSOLIDATION MEANS THAT ANY AND ALL SEPARATELY INITIATED ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S) ARE ALL HEARD BY A SINGLE ARBITRATOR IN A SINGLE ARBITRATION. IF EITHER PARTY REQUESTS CONSOLIDATION OF MULTIPLE ARBITRATIONS, THEN THE PARTIES TO THE CONSOLIDATED CASE(S) WILL BE DEEMED TO HAVE WAIVED THEIR RIGHT TO DESIGNATE AN ARBITRATOR AS WELL AS ANY CONTRACTUAL PROVISION WITH RESPECT TO THE SITE OF THE ARBITRATION. THE FOLLOWING FACTORS MAY BE CONSIDERED IN REQUESTING A CONSOLIDATION OF ARBITRATIONS:
The arbitrations have a common question of law or fact;
The issues in the multiple arbitrations are largely identical;
There are common claims, disputes, defenses, and relationships between or among the parties in the different arbitrations;
One or more parties is named in multiple pending arbitrations;
The arbitrations relate to the same campaign featured on Indiegogo’s platform;
Consolidation will save time and resources;
One party will be seriously prejudiced by having multiple arbitrations heard separately.
By agreeing to these Terms, you are waiving your right to trial by jury or to participate in a class action. We are also waiving these rights.
Exclusions from arbitration: intellectual property and small claims court claims
Notwithstanding the parties' agreement to resolve disputes through arbitration, either party may (1) bring enforcement actions, validity determinations or claims arising from or relating to misuse, infringement, or misappropriation of intellectual property theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights); and/or (2) seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-day right to opt-out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above. You can opt out of the arbitration and class action waiver provisions set forth above by sending an email from your registered email address on CrowdMall to us here with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." To opt-out, you must send the email to CrowdMall with the required language within 30 days of the later of the following: (i) of your creation of an CrowdMall account or your first transaction with CrowdMall, whichever is earlier; or (ii) the date of notice from CrowdMall of a material change to this Section via email to you. To be clear, if you opt out of the arbitration and class action waiver provision, you will be able to pursue any potential claims in a court of law and can participate in a class action or other class proceeding if you so desire. If you do not opt out properly, you agree to arbitrate. If you opt out of the arbitration and class action waiver provisions, we will not be subject to them either with respect to any disputes with you, meaning CrowdMall can also litigate in a court of law and be subject to class action litigation.
Severability: If a court or arbitrator decides that any portion of this section regarding dispute resolution, arbitration and class action waiver is invalid or unenforceable, then the portion shall be severed from the terms and/or deemed modified, only to the extent necessary to make it lawful. Such invalidity shall not affect the enforceability of any other provisions of the terms that are not invalid or unenforceable. To affect the modification of the portion, the portion shall be deemed deleted, added to, and/or rewritten, whichever shall most fully preserve the intentions of the parties as originally expressed herein.
The terms and the relationship between you and CrowdMall shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict of law provisions. This “Dispute resolution, arbitration and class action waiver” section shall survive any termination of your account, these terms, or the services.
Stuff CrowdMall doesn’t do and isn’t responsible for
CrowdMall isn’t liable for any damages or losses related to your use of the services. We only offer arbitration and advice via our customer relations team: we don’t become involved in disputes between users, or between users and any third party relating to the use of the services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the site. When you use the services, you release CrowdMall from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the services. All content you access through the services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
How to serve a subpoena or other legal process
CrowdMall accepts service of subpoenas or other legal process only through CrowdMall’s national registered agent. Subpoenas or other legal process may be served by sending them to the following address:
8 The Green
Dover, DE 19901
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for CrowdMall devices; and IP address and complete time stamps.
Termination by you. You may terminate your account with CrowdMall at any time from your account settings. Terminating your account will not affect the availability of some of your content that you posted through the services prior to termination. You will still have to pay any outstanding bills. We may retain certain information as required by law or as necessary for our legitimate business purposes.
Termination by CrowdMall. We may terminate or suspend your account (and any accounts CrowdMall determines are related to your account) and your access to the Services should we have reason to believe you, your content, or your use of the services violate our terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our services, for example, to sell or buy on our websites or mobile apps. Generally, CrowdMall will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our terms or we have legal or regulatory reasons preventing us from notifying you.
If you or CrowdMall terminate your account, you may lose any information associated with your account, including your content. CrowdMall reserves the right to suspend or terminate a campaign if it does not comply with this agreement or in its sole discretion. In the event of termination, CrowdMall will refund any and all campaign pre-order funds received by a product creator to buyers. CrowdMall may also avail itself of any of the remedies provided for in this agreement and any remedies available to enforce its rights under this agreement or applicable law.
We may discontinue the services. CrowdMall reserves the right in our sole discretion to change, suspend, or discontinue any of the services for you, any or all users, at any time, for any reason, including those laid out in CrowdMall’s terms and policies. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services.
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 CrowdMall’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.
Survival. The terms (such as your representations and warranties) will remain in effect even after your access to the service is terminated, or your use of the service ends.
Except as otherwise provided in these terms, if any provision of this user agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. Our right to amend these terms includes the right to modify, add to, or remove terms in the user agreement. We will provide you 30 days' notice by posting the amended terms on CrowdMall’s website.
Headings are for reference purposes only and do not limit the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this user agreement.
Your continued access or use of on CrowdMall’s services constitutes your acceptance of the amended terms. These terms may not otherwise be amended except through mutual agreement by you and a CrowdMall representative who intends to amend our terms and is duly authorized to agree to such an amendment.
Without limiting CrowdMall’s ability to refuse, modify, or terminate all or part of our services, CrowdMall may also terminate this agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
The policies and terms posted on our services may be changed from time to time. Changes take effect when we post them on the CrowdMall service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these terms. Such an account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this user agreement.
The user agreement and all terms and policies posted through our services set forth the entire understanding and agreement between you and CrowdMall, and supersede all prior understandings and agreements of the parties
The following sections survive any termination of this user agreement: fees and taxes; content; holds and restricted funds; additional terms, payment services, disclaimer of warranties; limitation of liability; release; indemnity; legal disputes; and general.
Some finer legal points
These terms and the other material referenced in them are the entire agreement between you and CrowdMall with respect to the services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and CrowdMall with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid or unenforceable under the law, that provision will be limited or eliminated to the minimum extent necessary so that the terms otherwise will remain in full force and effect and enforceable. The failure of either you or CrowdMall to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get CrowdMall’s prior written consent. CrowdMall has the right to assign, transfer, or delegate any of its rights and obligations under these terms without your consent. CrowdMall will provide you notice via email, written notice, or by conspicuously posting the notice on our site.
Terms of Service for Product Creators (Sellers)
Effective March 27, 2023 | Last updated on: March 27, 2023
Sellers must meet CrowdMall's minimum performance standards. Failure to meet these standards may result in CrowdMall charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
Creating a vendor account
When listing an item for pre-sale on our services, you agree to comply with CrowdMall's policies, and also agree that:
How product campaigns work
CrowdMall provides an online e-commerce platform for pre-launch products. When a creator posts a campaign on CrowdMall, they’re inviting other people to form a contract with them. Anyone who purchases a product in a campaign is accepting the creator’s offer, and forming that contract.
CrowdMall is not a part of this contract—the contract is a direct legal agreement between creators and their buyers. Here are the terms that govern that agreement:
When a campaign has successfully hit its pre-order goal, the creator must complete the project and fulfill each pre-order. Once a creator has done so, they’ve satisfied their obligation to their buyers.
Throughout the process, creators owe their buyers a high standard of effort, honest communication, and a dedication to bringing the product to life. At the same time, buyers must understand that they’re not purchasing something immediately when they pre-order—they’re helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.
If a creator is unable to complete their project and fulfill pre-orders, they’ve failed to live up to the basic obligations of this agreement. In this circumstance, buyers receive all their money back as the product will not be shipped.
The creator is solely responsible for fulfilling the promises made in their project.
These are the terms that apply when you’re creating a product:
CrowdMall and it's Creators attempt to be as accurate as possible via guidance and procedures for product creators. However, CrowdMall does not warrant that product descriptions or other content of any CrowdMall service is accurate, complete, reliable, current, or error-free. If a product offered by CrowdMall itself is not as described, your sole remedy is to return it in unused condition.
International buying and selling: product creators
Given the nature of the World Wide Web, CrowdMall’s product listings may be viewed by users around the world. Until further notice, products can only be purchased by, and shipped to, buyers in the United States.
Product creators at CrowdMall wishing to pre-sell to U.S. buyers can be located anywhere in the world, provided they agree to ship their products to purchasers in the U.S.
Fees and taxes
We charge product creators for the use of CrowdMall’s services. We may change our selling fees from time to time by posting the changes on CrowdMall’s site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a product creator who runs a successful campaign that results in products being shipped, you are liable for CrowdMall’s commission arising out of the sales of your product collected via using our services
Product creators are responsible for paying any additional fees or taxes associated with your use of CrowdMall.
If you submit a product application form that is approved, CrowdMall charges a fee. For campaigns that reach their sales goals and ship their products successfully, CrowdMall collects a commission. In addition, our payment processor may charge a commission. Any third-party services employed by product creators collect fees at the same time that funds are distributed to product creators and CrowdMall. If our fees ever change, we’ll announce that on our site.
Product creators are responsible for paying any additional fees or taxes associated with your use of CrowdMall.
Returns and refunds
Product creators can set rules regarding replacements, returns, and refunds. Buyers can claim a refund if they change their mind about their purchase before a campaign reaches its sales goal. If creators allow refunds in their campaigns after their products have shipped, buyers have to return the item and request a refund within 14 days. You agree to comply with our returns policy.
When an item is returned or if a transaction is canceled after pre-payment has been completed, CrowdMall will refund the buyer from the product creator’s account.
Additionally, CrowdMall may charge sellers for the cost of return shipping labels and/or other reasonable fees from sellers when:
All product creator cancellations of pre-orders must be in accordance with CrowdMall’s pre-order cancellation policy.
You may not use any CrowdMall service as a product creator if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using CrowdMall Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including CrowdMall Software), technology, and services.
You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you use any third-party products funded through the website. Further, pursuant to 15 C.F.R. § 758.6(a)(1), you are hereby advised that for any items that are physically shipped to you, the items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government, or as otherwise authorized by U.S. law and regulations.
You agree to indemnify CrowdMall for any penalties, fines, attorneys’ fees and other amounts that may be incurred by CrowdMall that arise out of or are related to your failure to comply with this section.
Privacy of others when marketing
If CrowdMall provides you with information about a buyer, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a buyer's information to a third party for purposes unrelated to our services. Additionally, you may only send marketing communications to buyer’s who have consented to receive them in accordance with applicable laws, and only using CrowdMall services.
8 The Green
Dover, DE 19901