1. Welcome.
This page explains our terms of use. When you use ProductRocket, you’re agreeing to all the rules on this page. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by ProductRocket (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “ProductRocket,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site, like our Community Guidelines and rules for starting projects. We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using ProductRocket after a change, that means you accept the new terms.
ProductRocket is for personal, non-commercial use, except as explained in section 4 and section 5 below.

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2. About Creating an Account.
To sign up for a ProductRocket account, you need to be 18 or over or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.You’re responsible for your account and all the activity on it. You can browse ProductRocket without registering for an account. But to use most of ProductRocket’s functions, you’ll need to register, choose an account name, and set a password. 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 contact us as quickly as possible.

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3. What’s Unacceptable on ProductRocket.
    •    Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
    •    Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
    •    Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of ProductRocket’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
    •    Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
    •    Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
    •    Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to ProductRocket or another party).
    •    Don’t abuse other users’ personal information. When you use ProductRocket — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a ProductRocket project: don’t use it for other purposes, and don’t abuse it.
    •    Don’t try to interfere with the proper workings of the Services.
    •    Don’t bypass any measures we’ve put in place to secure the Services.
    •    Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to ProductRocket or another party.
    •    Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
    •    Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
    •    Don’t take apart or reverse engineer any aspect of ProductRocket in an effort to access things like source code, underlying ideas, or algorithms.

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4. How Projects Work.
ProductRocket provides a funding platform for creative projects. When a creator posts a project on ProductRocket, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract. ProductRocket is not a part of this contract — the contract is a direct legal agreement between Creators and their Backers. Below are the terms that govern that agreement:

When a project is successfully funded, the Creator must complete the project to the best of their ability and fulfill each reward. Once a Creator has done so, they’ve satisfied their obligation to their Backers. Throughout the process, Creators owe their Backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, Backers must understand that when they back a project, 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 rewards, they’ve failed to live up to the basic obligations of this agreement. As such, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for Backers. A Creator in this position has only remedied the situation and met their obligations to backers if:
    •    They post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
    •    They work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
    •    They’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
    •    They’ve been honest, and have made no material misrepresentations in their communication to backers; and
    •    They offer to return any remaining funds to Backers (less fees) who have not received their reward or else explain how those funds will be used to complete the project in some alternate form.
The Creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by Backers.

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5. How Funding Works.
    •    Backers are only charged if the project reaches its fundraising goal. Backers provide your payment information when you pledge, but won’t be charged. Payment will only be collected if, at the time of the project’s funding deadline, the project has reached its fundraising goal. The exact amount Backers pledged is the amount ProductRocket will collect. If the campaign hasn’t reached its fundraising goal, Backers won’t be charged, no funds will be collected, and no money exchanges will occur.
    •    In some cases we’ll reserve the charge on Backer’s credit cards. ProductRocket and its payment partners may authorize or reserve a charge on Backers’ credit cards (or whatever payment method used) for any amount up to the full pledge, at any time between the pledge and the collection of funds.
    •    If provided, the Estimated Delivery Date is the Creator’s estimate. The date listed on each reward is the Creator’s estimate of when they will provide the reward — not a guarantee to fulfill by that date. The schedule may change as the Creator works on the project. We ask Creators to think carefully, set a date they feel confident they can work toward, and communicate with Backers about any changes.
    •    The Creator may need to send Backers questions about the reward. To deliver rewards, the Creator amy need information from you. To receive the reward, Backers will need to provide the information in a reasonable amount of time.
    •    ProductRocket doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project Creator. ProductRocket doesn’t hold funds on Creators’ behalf except during the distribution of raised funds after a successful product occurs, and cannot guarantee Creators’ work, and does not offer refunds.
    •    Creators can refund individual pledges if desired. After a project has been funded, Creators can cancel and refund a Backer’s pledge at any time. If Creators do so, they have no further obligation to that specific Backer, and no agreement exists between the Creator and the Backer.
    •    ProductRocket will charge our fees before putting funds in your account. ProductRocket and its payment partners will subtract fees before transmitting the proceeds of a campaign.
    •    For various reasons, there may be pledges that can’t be collected, which might reduce the amount of funding a Creator recieves. Because some payments can’t be collected — for example, when a Backer’s credit card expires before funding ends, and they don’t provide updated information — ProductRocket can’t guarantee that the amount of funding the Creator receives will be exactly equal to the full amount pledged minus fees.
    •    ProductRocket will help to resolve payment-card disputes. If a Backer of a project disputes the charge with their card issuer, ProductRocket will handle re-presenting the charge to settle the dispute with the card issuer. Creators will be notified that a dispute has been filed, and will be able to provide evidence to help ProductRocket resolve it in the Creator’s favor. If the cardholder’s dispute is found valid, however, Creators authorize ProductRocket to charge the credit card number provided when they started their project for the amount of the chargeback.
    
6. What ProductRocket Doesn’t Do.
    • Oversee projects’ performance, and does not mediate disputes between users or between users and any third party relating to the use of the Services. 
    • Accept liability for any damages or losses related to your use of the Services. 
    • Oversee the performance or punctuality of projects
    • Endorse any content users submit to the Site. 

Note: When you use the Services, you release ProductRocket 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.

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7. ProductRocket Fees.
Fees are only charged on successfully funded projects. We charge 2.5%, in addition to any fees from our payments partners.
Creating an account on ProductRocket is free. If you create a project that is successfully funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location. We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by Backers are collected by payment providers and ProductRocket isn’t responsible for their performance. You’re responsible for paying any additional fees or taxes associated with your use of ProductRocket.

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8. Other Websites.
ProductRocket 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. ProductRocket partners with other companies (such as Amazon Payments and Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

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9. Your Intellectual Property.
ProductRocket doesn’t own, or imply ownership, of any content, intellectual property or information that you submit (your “Content”) to the Site. By posting, you agree to give ProductRocket permission to use the information however needed in order to manage or promote the site. You are responsible for the content you post, and by doing so you acknowledge that you have permission and rights to do so. When you submit a project for review, or launch a project, you agree to the following terms:
    •    ProductRocket may use the content you’ve submitted. You grant to ProductRocket, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content for promotional purposes of our Site only.
    •    When ProductRocket uses the Content, we may make changes such as editing or translating it. Therefore, you grant ProductRocket the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
    •    You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant ProductRocket all the license rights outlined here).
    •    Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on ProductRocket’s hosting of that Content.
    •    You promise that if ProductRocket uses your Content, we are not violating anyone’s rights or copyrights. If ProductRocket or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
    •    You are responsible for the content you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
    •    We are not responsible for mistakes in your content. ProductRocket will not be liable for any errors or omissions in any content.

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10. ProductRocket’s Intellectual Property.
The content on ProductRocket is protected in various ways. ProductRocket’s Services are legally protected including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service. ProductRocket grants you a license to reproduce Content from the Services for personal use only. This license covers both ProductRocket’s own protected content and user-generated content on the Site. This license is worldwide, non-exclusive, non-sub-licensable, 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 ProductRocket or the relevant copyright holder. 

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11. Copyright Issues.
We comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act, or DMCA, is a system of legal requirements for dealing with allegations of copyright infringement. ProductRocket complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. ProductRocket reserves the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers at our sole discretion.

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12. Deleting Your Account.
You may delete your account at any time. However, note that deleting your account may not delete any content you previously posted. You may terminate your account at any time. All provisions of this Agreement survive termination of an account, including ProductRocket’s rights regarding any Content you’ve already submitted to the Site. 

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13. Our Rights.
ProductRocket reserves the right to make decisions to protect the health and integrity of our system. ProductRocket reserves the following rights:
    •    We can make changes to the ProductRocket Site and Services without notice or liability.
    •    We have the right to decide who’s eligible to use ProductRocket. We can cancel accounts or decline to offer our Services.
    •    We can change our eligibility criteria at any time. 
    •    If the use of ProductRocket is prohibited by law where you live, then we revoke your right to use ProductRocket in that jurisdiction.
    •    We have the right to cancel any pledge to any project, at any time and for any reason.
    •    We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

ProductRocket is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

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14. Warranty Disclaimer

PRODUCTROCKET SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PRODUCTROCKET SHALL CREATE ANY WARRANTY.

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15. Indemnification.
By using this Service you agree to defend, indemnify, and hold ProductRocket harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of ProductRocket. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree to cooperate and assist ProductRocket in asserting any defenses.

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16. Limitation of Liability.
To the fullest extent permitted by law, in no event will ProductRocket, 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 ProductRocket’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

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17. Dispute Resolution and Governing Law
Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Connecticut and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that ProductRocket and its Services are deemed a passive website that does not give rise to jurisdiction over ProductRocket or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Connecticut. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of ProductRocket, shall be filed only in the state or federal courts located in Connecticut County in the State of Connecticut, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

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18. Misc.
These Terms and the other material referenced in them are the entire agreement between you and ProductRocket with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and ProductRocket with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid 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 ProductRocket 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 may not be assigned, transferred, or sub-licensed without ProductRocketr’s prior written consent. ProductRocket has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. ProductRocket will provide you notice via email, written notice, or by conspicuously posting the notice on our Site. These updated terms went into effect on November 19, 2017, at 12 a.m. Eastern Time, and apply to all projects launched on ProductRocket on or after that date.