Please read our Terms and Conditions:

 

PREORDERZ – TERMS OF USE

Welcome to Preorderz! 

By using our website (the “Site”) and the services (the “Services”) offered by us (“we”, “us”, “our”), you (“you”, “Users”) agree to be bound by these Terms of Use (these “Terms”).

We may amend the Terms at any time in our sole discretion by posting a revised version of the Terms on our Site. Access to or continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. 

What is Preorderz?

Preorderz is an online pre-ordering platform that brings Users together and allows Users to create Preorder crowdfunding campaigns (“Campaigns” and “Campaign Owners”) seek to raise funds for their own products before manufacturing as well as to contribute to the Campaigns of others. 

User Obligations

You are granted a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to these Terms. In particular:

1. You must be 18 years or older to register an account with us and use our Services. 
2. When you register your account with us, you must provide us with accurate and complete information about yourself and you must update your information when necessary. You may not use anyone else’s name when registering your account. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with your account. If you suspect or discover any unauthorized use of your account, you should notify us immediately. We are not responsible for any loss arising from your failure to comply with the foregoing requirements or as a result of use of your account by anyone else with or without your knowledge.
3. You may terminate your account with us at any time. 
4. When using your account and utilizing our Services, you may not take any action that violates anyone else’s rights or violates any law. 
5. You may not impersonate any person or entity, engage in fraud or provide false information. 
6. You may not use the Services in any manner that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable. 
7. You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”. 
8. You may not upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
9. You may not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
10. 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 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.

Fees

There are no fees for creating an account on the Site. 

Campaign Owners are charged a fee (“Platform Fee”) as a portion of the funds they raise (“Funds”). In addition, Campaign Owners are charged a transaction fee by the payment processor. Transfer and similar fees are also applied each time we send Funds to a Campaign Owners’ bank account.

 

Campaign Owners

As a Campaign Owner, when you create a Campaign on the Site and ask for Funds you understand that you are entering a legal agreement with both us and with Users who are buyers, and the following rules apply in addition to the others.

1. Please use your best efforts to fulfill the products, gifts or rewards offered by you to buyers (“Benefits”) associated with a Campaign in the timeframe that is communicated to buyers.
2. Immediately notify the buyers if there are any issues or anticipated delays.
3. Be responsive to any questions or requests we make.
4. Provide substantive and comprehensive updates.
5. Issue refunds promptly to buyers if you cannot deliver Benefits.
6. Comply with all applicable laws and regulations in the use of Funds and delivery of Benefits.
7. Campaign Owners should be prepared and able to substantiate claims made in their Campaign, including relating to product features and capabilities, the stage of product development, and timelines for delivery. If they are unable to substantiate the claims they have made, we may ban their account, withhold funds, or take such other actions (at our discretion) to enforce rights under this Agreement and applicable law, as well as rights of other Users.
8. When you create a Campaign, you may receive information about other Users, including personally identifiable information such as names, e-mail addresses, and addresses. This information is provided to you solely for the purpose of fulfilling the orders 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 us or the Service. You will evidence, and be required to produce if requested, records of all such verifiable consent. Any use of User information for any other purpose or in breach of these Terms will lead to the immediate termination of the Campaign and freezing of all Funds.
9. Funds may be deemed taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. We may ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. We will provide Campaign Owners with a tax document if required by the relevant taxing authorities. We are unable to provide any User or third party with tax advice and suggest that such Users or third parties consult with tax advisors of their choice. The shipment of Benefits to buyers may expose Campaign Owners and buyers to sales and use tax obligations.

 

No Guarantee by Us – No Investigation of Campaign 

We do not guarantee that any Campaign will be successful, that any statements made in a Campaign are truthful or accurate, that any product development timeline will be complied with or that Benefits will be provided according to the promised time schedule or at all. We are not under any duty to investigate any statements made by a Campaign Owner. 

Notwithstanding, we may, but are not required to, request information from Campaign Owners to investigate possible breaches or misinformation. The information we may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Owner is taking actions to deliver promised Benefits, manufacturing 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. We may also employ third parties to assess such information. 

Campaign Owners agree to provide this information to us promptly upon request. Failure to do so within 14 days, or a longer time provided by us in writing, shall be deemed a material breach of these Terms.

Withholding of funds

Campaign Owners are not guaranteed to receive Funds made to a Campaign, even after the Campaign has ended and the fundraising goal has been reached. There may be a delay between the end of a Campaign and our transfer of Funds to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations. For example, we may withhold Funds made to a Campaign if the Campaign Owner violates any of these Terms (as determined by us in our sole discretion). Additionally, we may withhold funds pending the receipt and evaluation of information requested above. If you do not provide information within the requested time or are not able to substantiate claims made in your Campaign, we may ban your Campaign and account and avail ourselves of any remedies available to it under this Agreement or applicable law. We may also withhold funds from Campaign Owners for any other breach of these Terms. We may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.

Refunds

We offer a limited refund to buyers in accordance with our Refund Policy. Refunds outside of our Refund Policy must be handled by the Campaign Owner, and we have no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and User. We reserve the right to ban User accounts and remove Campaigns for any abuse of the Refund Policy. We reserve our right to issue refunds at our own discretion outside of the Refund Policy.

Please remember that as a Campaign Owner, you are solely responsible for the obligations of your Campaign and delivering your product. If you are unable to comply with your undertakings and obligations, you may be subject to legal action by buyers.

Clarification of our role and our rights 

As noted above:

1. We do not guarantee, endorse or certify Campaigns or Benefits.  
2. We may cancel Campaigns and refund Funds at our discretion. 
3. We may require you to provide information about your Campaign before disbursing Funds. 
4. We do not guarantee Refunds outside our Refund Policy.
5. We do not become involved in legal issues between Users. We bear no liability, and have no obligation to investigate, participate, or become involved, in any dispute between Users, including between buyers and Campaign Owners.
6. Campaign Owners are responsible for their Campaigns, even if we assist the Campaign Owner with the process. 
7. We reserve the right to monitor, ban, suspend, or delete any User Account at any time in our sole discretion. We have no obligation to comment on any reasons for account monitoring, termination, suspension, or deletion.
8. We have no liability to you or third parties for any use of the Services associated with your account or Campaign. Upon suspension or termination of your account, you must cease all use of the Services and User Content. Your representations and warranties shall survive termination.
9. We reserve the right to suspend or ban a Campaign if it does not comply with these Terms in our sole discretion. In the event of termination, we may refund any and all Campaign funds received by a Campaign Owner to backers and may seek reimbursement from you for any funds you have already received from us. We may also avail ourselves of any of the remedies provided for in these Terms and any remedies available to enforce its rights under these Terms or applicable law.

If your account has been terminated or suspended, you shall not register a new account for our Services.

Our Intellectual Property

Our Services, the content of our Sites (“Content”) and our trademarks and service marks (“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 of our Sites, Services, or Marks accessed through the Site or the Services. 

We grant you a limited, temporary, non-exclusive, non-sublicensable, and non-transferrable license to access and use User Content and our 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 our 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 our Content at any time and in our sole discretion.

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 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. You grant us the right to make changes, edits, modifications, translations, formatting, or delete your User Content.
3. You represent and warrant that: (A) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to us with respect to your User Content; (B) 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 (C) we do 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.

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. We also maintain policies concerning claims of trademark and patent being copied. We will respond to notices of alleged infringement in accordance with the law, as set forth in Our Intellectual Property Policy[NOTE: NEED TO PREPARE AND HYPERLINK]. We reserve the right, in our discretion, to delete or disable User Content that has been alleged to be infringing, as well as to ban User accounts associated with infringers.

For further details, or to submit a claim of copyright infringement, please visit Our Intellectual Property Policy. We will only respond to notices of alleged infringement submitted in compliance with Our Intellectual Property Policy.

Payment Services

Credit card payment processing services for Campaign Owners are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement[NOTE: NEED TO HYPERLINK], 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 us enabling credit card payment processing services through Stripe, you agree to provide us accurate and complete information about yourself and your business, and you authorize us 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.

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.

Unsolicited Idea Submissions

We value feedback from our Users and welcome any comments or suggestions they may have. However, ideas submitted by you may be similar or identical to internal submissions or submissions received from another User or third party. In this paragraph, “submission” refers to 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 way about an existing product, service, or feature on the platform (“Unsolicited Idea Submission“). You agree to the following terms if you send us an Unsolicited Idea Submission:

1. All Unsolicited Idea Submissions are non-confidential and non-proprietary, and will be treated accordingly.
2. By submitting an Unsolicited Idea Submission, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of, and display the Unsolicited Idea Submission, including without limitation in connection with the Site or Services, and for promoting and redistributing part or all of the Unsolicited Idea Submission (and derivative works).
3. We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.

Indemnity

You agree to defend, exculpate, and retain us, our subsidiaries and affiliated companies, and their respective officers, directors, employees, partners, contractors, representatives, agents, and third-party providers harmless 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 any breach of these Terms. We reserve the right, at our sole discretion and expense, to assume sole 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.

No Warranty

WE HAVE NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES OR ON THE SITE 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, WE AND OUR 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. WE AND OUR 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 US OR OUR PERSONNEL, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

Disclaimer of Liability

We make no claims about the quality, safety, morality, or legality of any Campaign or funding, or about the truth or accuracy of User Content posted on the Services. We make no guarantees about the fulfillment or performance of any Campaigns, or that the funds will be used in the manner described in the Campaign. We do not control or endorse User Content posted on the Site or in any Services, and as a result, we do not guarantee the reliability, validity, accuracy, or truthfulness of such User Content in any way. We are not responsible for any damages or losses incurred as a result of your use of the Services or participating in a Campaign. We do not get involved in disputes between Users or between Users and any third party over the use of the Services.

When you use the Services, you release and exempt us from any and all claims, damages, and demands, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or related to the Services. All Content accessed or used through the Services is entirely at your own risk, and you are solely liable for any resulting damage or loss to any third party.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU BEAR THE ENTIRE RISK ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AS WELL AS ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, IN PERSON OR ONLINE AND YOUR PARTICIPATION IN ANY CAMPAIGNS.

IN NO EVENT SHALL WE AND OUR AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS’ TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF $100 (ONE HUNDRED US DOLLARS).

Export Compliance

You agree to follow 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 the Office of Foreign Assets Control’s country-specific economic sanctions programs. 

Legal Disputes

The Terms and the relationship between you and us shall be governed in all respects by the laws of the State of Israel, without regard to its conflict of law provisions. You agree to submit any disputes with us to the exclusive jurisdiction of the courts in the Tel Aviv-Jaffa district in the State of Israel. 

Complete Understanding Between You and Us

These Terms constitute the entire agreement between you and us regarding the Services. They supersede and govern all other communications and proposals (whether oral, written, or electronic) between you and us regarding the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, shall not be affected. Our failure to assert any right or provision under this Agreement does not constitute a waiver of that right or provision.