General Terms & Conditions
Acceptance of Terms: Backer.org by Creative Site Design (“Backer.org”) is an online crowdfunding platform (the “Service”) that facilitates supporters of artistic projects (a “Backer”) contributing to the costs of an independent artist or creative team (the “Artist”). The Service is operated from the website www.backer.org. The use of the Backer.org Service by an Artist to raise money from Backers shall be referred to as a “Campaign”. To participate in the Service you must read and accept all of the terms and conditions of this agreement. Artists are also subject to the terms and conditions in Supplemental Terms and Conditions for Artists, which is incorporated by reference into this agreement. Backer.org may modify the terms of this agreement, in our sole discretion, by posting amended terms to the Backer.org website. Your continued use of the Service indicates your acceptance of the amended agreement.
Abuse: To report any abuse of the Service please email: firstname.lastname@example.org
Content: All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email or otherwise make available via the Service. Backer.org does not control, and is not responsible for, Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Backer.org makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, and in no circumstances will Backer.org be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that Backer.org does not pre-screen or approve Content, but that Backer.org shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
Copyright: The Backer.org logo, and other names, logos, icons and marks identifying Backer.org products and services may not be used without the prior written approval of Creative Site Design. All rights not expressly granted in this agreement are reserved.
In order to place an order you must be over  years of age and possess an acceptable valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the purchase.
Dispatch times for an item reward associated with a project backing level (the “Product”) may vary according to availability and no guarantees or representations are made as to delivery times. The Artist is responsible for setting the date on which the deliverables will be satisfied (the “Fulfilment Date”) if applicable. The Fulfilment Date should be displayed by Artists on the Campaign page. Artists may or may not confirm to you when the Products which you ordered have been dispatched. However, delivery times may vary depending on the territory in which the Backer resides. If the Artist anticipates that Products due to a Backer will not be sent by the proposed Fulfilment Date, the Artist is responsible for notifying you of the delay in delivery and informing of the new Fulfilment Date. Backer.org is not responsible for any Products not dispatched and will not process a refund on behalf of the Artist in relation to any Products not dispatched.
Whilst we try and ensure that all details, descriptions and level amounts given by Artists that appear on the website are accurate, errors may occur. Backer.org will inform Artists as soon as possible if we notice any inaccuracies but the Artist is responsible for resolving the situation with the Backer.
Unless otherwise noted in the level description and/or project disclaimer, Shipping & Handling costs should be included in the cost of a level. Any shipping & Handling costs should be displayed where applicable by the Artist and included in the total price the Backer pays at checkout. The Backer shall be solely responsible for any customs, excise tax and import fees incurred in relation to any Products due.
All Product orders are subject to availability of the level, which should have a limited quantity displayed on the Campaign page. We retain the right to refuse any order made by you.
It is your obligation to contact the Artist if your delivery address changes after placing an order. Artists may not refund orders shipped to the wrong address.
Backer.org and its payment partners may authorize or reserve a charge on your credit card (or other payment method) for any amount up to the full amount of your Pledge, at any time between the making of the Pledge and the collection of funds.
Once you have made a Pledge, your order cannot be cancelled without consent from both the Artist and Backer.org. If you wish to cancel a Pledge before the Campaign has reached its Pledge Target, it is the Artist’s responsibility to contact Backer.org with this request, which may or may not be granted. Once the Campaign has reached its Pledge Target, orders cannot be cancelled.
Once a Crowdfunding Campaign has reached its Pledge Target, any refunds given to a Backer are at Backer.org’s sole discretion. Where a refund is given, the refunds will be credited to the original method of payment, and can take 3 to 4 working days to process. Due to anti-money laundering regulations Backer.org will only refund funds back to the original credit or debit card used to make the Pledge.
Responsibility for fulfilling the Crowdfunding Campaign lies entirely with the Artist, and Backers make Pledges entirely at their own risk. We do not represent that Pledges will be used as described by an Artist and Backer.org will not be responsible for the failure by an Artist to meet any commitments in relation the Crowdfunding Campaign or for the misuse of Pledges by the Artist. Backer.org may, at its sole discretion, refund Backers for exclusives not received and incomplete Projects.
Backer.org will engage in commercially reasonable efforts to collect monies committed by Backers, however Backer.org does not guarantee that it will collect the full amount of money committed by Backers. Backer.org reserves the right to terminate a Crowdfunding Campaign and refund all Backers payments at any time for any reason.
Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM BACKER.ORG IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/ OR OTHER CONTENT. THE SERVICES AND/OR OTHER CONTENT YOU DOWNLOAD FROM BACKER.ORG ARE PROVIDED ON AN “AS IS” BASIS. BACKER.ORG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BACKER.ORG MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM BACKER.ORG WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BACKER.ORG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability: IN NO EVENT WILL BACKER.ORG OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF BACKER.ORG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BACKER.ORG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BACKER.ORG FOR THE SERVICE, BUT IN NO CASE WILL BACKER.ORG ’S LIABILITY TO YOU EXCEED £200. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO BACKER.ORG FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BACKER.ORG, REGARDLESS OF THE CAUSE OF ACTION.
External Links: Backer.org may provide links to other websites or resources, however Backer.org is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Backer.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Indemnity: You agree to indemnify and hold Backer.org, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or share on or through Backer.org, your use of the Service or Backer.org, your conduct in connection with the Service or Backer.org or with other users of the Service or Backer.org, or any violation of this Agreement, any law or the rights of any third party.
Entire Agreement: This agreement constitutes the entire agreement between you and Backer.org regarding the use of the Service, superseding any prior agreements between you and Backer.org relating to the Service. The failure of Backer.org to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No variation to this agreement will be binding upon Backer.org unless it is made in writing and signed by a director or officer of Backer.org.
Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with English law, without regard to its conflict of laws principles. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. You waive any claim that any a legal proceeding (including any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper.
Supplemental Terms & Conditions for Artists
Backer.org by Creative Site Design (“Backer.org”) is an online crowdfunding platform (the “Service”) that facilitates supporters of artistic projects (a “Backer”) contributing to the costs of an independent artist or creative team (the “Artist”). These Supplemental Terms and Conditions govern the relationship between Backer.org and an Artist in relation to the Service.
Signing up: In signing up to use the Service, or during their Campaign, Artists may be requested to provide information to Backer.org relevant to their Campaign. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by Backer.org.
Backer.org will deduct its fees before transmitting the proceeds of a Campaign (Crowdfunding or Store Front) to you. Our standard rate of commission is 3% (plus card processing fees of 1.4% + 20 pence per transaction for European cards and 2.9% + 20 pence per transaction for Non-European cards) of the gross amount of the Target Pledge in relation to Crowdfunding Campaigns.
International payments and certain payment methods may give rise to higher payment processing costs. We will ensure that your proceeds from a Campaign are not lower than agreed on account of payment processing costs.
Prior to having received any payment from Backer.org in relation to any Campaign, you may cancel the Campaign at any time (Backer.org shall be responsible for any refunds due to the Backer). However, if you have received payment from Backer.org in relation to a Campaign you wish to cancel you are solely responsible for any refund that may be due to Backers up to the total amount received from Backer.org by you in relation to that Campaign.
Some Pledges cannot be collected (for instance, when a Backer’s credit card expires before a Pledge has been paid in full, and they do not provide updated payment information). Although Backer.org will make reasonable attempts to contact a Backer whose payment method is declined in order to rectify the issue, in such circumstances we cannot guarantee that the amount of the Pledge you receive will be exactly equal to the Target Pledge minus Backer.org’s fee.
We do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. Do not take any actions in reliance on the receipt of funds until you are in receipt of cleared funds.
In relation to Crowdfunding Campaigns
Backer.org shall transfer to the Artist 97% of the Pledge Target (less card processing fees), on the first Thursday following the Campaign reaching its Pledge Target and Backer.org receiving 100% of the Pledge Target in cleared funds.
All additional funds raised by the Artist beyond the Pledge Target shall be retained by Backer.org (“Retained Funds”) for two calendar weeks to satisfy any refunds, exclusives or other payments outstanding from the Artist to any Backers in connection with the relevant Campaign (“Backer Payments”). Following the end of the two week period, Backer.org shall transfer to the Artist a sum equal to the Retained Funds minus the Backer Payments.
If the Artist wishes to receive payments other than as detailed above (a “Special Payment Request”), Backer.org will assess each Artist request and will have sole discretion to decide whether the request is complied with. An Artist must send the Special Payment Request to the campaign manager the week before he hopes to be paid the requested funds. Backer.org shall assess the request on, among other things, the total number of Products due to be fulfilled versus the total Campaign funds left in balance.
Withdrawal before Pledge Target: Artists may at any time before reaching their Pledge Target, but always on 30 days notice, withdraw from the Service and terminate their Campaign by emailing email@example.com and providing details of their reasons.
Withdrawal after Pledge Target: Artists who have reached their Pledge Target are committed to completing their project. If for any reason this is not possible the Artist must immediately inform Backer.org of this fact, and cooperate fully and in the utmost of good faith with Backer.org to address this situation in a way that is consistent with the interests of Backer.org, the Artist, and involved Backers.
ChargeBacks and Refunds: If, for any reason, Backer.org is required to refund monies to Backers of a Campaign, the Artist will fully compensate Backer.org for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs .
Intellectual Property: The Artist shall fully own all the intellectual property to all works and recordings they create through or result from their Campaign. Artist grants to Backer.org a non-exclusive, worldwide, royalty free license to reproduce, digitally distribute, and publicly perform the digital works or recordings (as well as any underlying musical compositions) created or contributed by the Artist as part of the Campaign via any means developed, owned, or controlled by Backer.org or its partners solely for the purposes of promoting the Artist’s Campaign or Backer.org. The Artist also grants to Backer.org a non-exclusive, worldwide license to (i) to reproduce, display and distribute any artwork, photographs supplied by the Artist, notes/lyrics and other forms of writing, films and other types of videos, metadata, track data, editorial content relating to works and recordings, and (ii) to use the name (including professional name(s)), likeness, performances, photographs, and biographical material of each performer, producer, director or assistant artist of a work, in connection with promoting the Artist’s Campaign or Backer.org. Notwithstanding the foregoing, the Artist acknowledges and agrees that Backer.org’s business model may involve free promotional downloads and/or streams of recordings, images or videos.
Representations, Warranties and Indemnities: Artist hereby warrants and represents that: (i) It has the right and power to enter into and fully perform all of its obligations under this Agreement; (ii) It has the authority and right to provide Backer.org with the rights granted herein; (iii) Backer.org’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person anywhere in the world; (iv) Neither the recordings, nor any other content provided to Backer.org by the Artist violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) The recordings do not include any unlicensed samples or interpolations, the Artist shall have the sole responsibility to ensure, as necessary, that all recordings are fully licensed; (vi) No agreement of any kind entered into by Artist does or will interfere in any manner with Backer.org’s complete performance of this Agreement, or with the rights granted to Backer.org herein; and (vii) Backer.org shall not be required to make any payments to third parties in connection with exploitation of the Masters, Controlled Compositions or Content hereunder. The Artist will defend, indemnify, and hold harmless Backer.org and any of its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of Licensor’s representations, warranties, covenants, or obligations.
Tax or other financial obligations: The Artist will be fully responsible for any taxation or other financial obligations arising out of its participation in the service. If, for any reason, Backer.org is required to pay any monies relating either directly or indirectly to an Artist’s campaign, the Artist shall fully reimburse Backer.org for those amounts within 30 days of being informed of these payments.
Code of Conduct
Backer.org by Creative Site Design (“Backer.org”) is an online crowdfunding platform (the “Service”) that facilitates supporters of artistic projects (a “Backer”) contributing to the costs of an independent artist or creative team (the “Artist”). In order to facilitate this we require that all users of the Service abide by this Code of Conduct. Backer.org may modify the terms of this Code of Conduct, in our sole discretion, by posting amended terms to the Backer.org website. Your continued use of the Service indicates your acceptance of the amendments.
When using the Service activities that are not permitted include, but are in no way limited to, the following:
- to act in an abusing or threatening way;
- to intimidate or impersonate anyone;
- any illegal acts;
- any infringement of intellectual property rights;
- any commercial activities not approved in writing by Backer.org
You will not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Backer.org employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, or deceitful;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation;
- that includes links to commercial services or web sites;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- 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;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Backer.org;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to Backer.org’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Backer.org website; or
- use any form of automated device or computer program that enables the submission of postings on Backer.org without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”.
Backer.org acts in compliance with international copyright laws. It is our policy to respond to any infringement notices and take appropriate actions under copyright law and other applicable intellectual property laws.
If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, please contact the relevant authorities with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Backer.org to locate the material;
- Information reasonably sufficient to permit Backer.org to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your notification complies with all of these requirements, you can send it to us by email to firstname.lastname@example.org. Any notifications not complying with the above requirements will be ignored. Please allow 1-2 business days for an email response.