Kickstarter Performance Marketing: Promotional Credit Terms and Conditions

Promotional Credit Terms and Conditions

Effective: April 4, 2023

Last updated: January 15, 2024

These Promotional Credit Terms and Conditions (these “Terms”) are an agreement between Kickstarter, PBC (“Kickstarter,” “we,” or “us”) and the Creator identified below (“Creator,” “you”) and govern your use of any promotional credit Kickstarter offers to you, for your use toward digital marketing services provided by a Kickstarter or by a Kickstarter-authorized third party digital marketing service provider (“Provider”, and such credit, the “Promotional Credit”). These Terms supplement, form part of, and are incorporated by reference into the Kickstarter Terms of Use.

Eligibility for the Promotional Credit is determined solely by Kickstarter in accordance with its own eligibility requirements and in its sole discretion. The amount of the Promotional Credit will be specified in the offer you receive from Kickstarter. Promotional Credit can be applied to offset eligible fees and charges incurred during an active Kickstarter Project in which you have engaged the Provider to manage an advertising campaign. Each Promotional Credit can only be redeemed once for one Kickstarter Project. Your Promotional Credit is a specific offer to you, and you may not sell or transfer your Promotional Credit to another party. Promotional Credit has no intrinsic value, is not redeemable for cash, and is non-refundable.

Promotional Credit is void in the event of fraud, misuse, or breach of Kickstarter’s Terms of Use or Privacy Policy, or if your Kickstarter Project is canceled or suspended due to action or inaction by you or a third party. This includes, without limitation, any action you take to cancel your Kickstarter Project prior to the end of the funding period, any action Kickstarter is required to take as a result of any DMCA-compliant copyright claim or any other claim that triggers an obligation by Kickstarter to suspend or cancel your claim, or any other violation of Kickstarter’s rules and/or policies as Kickstarter may in its sole discretion determine may be violated as applied to your Kickstarter Project, as the same may be updated from time to time. Your Promotional Credit may be voided before, during, or after your Kickstarter Project or any payment for marketing-related services. If your Promotional Credit is voided, you are responsible for paying any amounts you owe to Kickstarter or Provider which were or would have been covered by the Promotional Credit. Nothing herein relieves you of any other payment obligation or any other term or condition you may have to Kickstarter or any third party including, but not limited to, a Provider. You remain wholly responsible for paying the amount of the digital marketing services not covered by the Promotional Credit, and if you fail to do so or abide by any other term or condition thereof Kickstarter may void this Promotional Credit, and Kickstarter and/or the Provider may cease or refuse to provide the digital marketing services.

Kickstarter may separately offer you additional ways to finance your purchase of digital marketing services from Provider, such as through an advance or other arrangement (“Additional Funding Instrument”). We may permit you to use a Promotional Credit together with an Additional Funding Instrument to pay for some or all digital marketing services provided by Provider in our sole discretion. Any portion of the price you pay for Provider services using an Additional Funding Instrument cannot simultaneously be funded by Promotional Credit. You may not use Promotional Credit to make any payments you owe us in connection with any Additional Funding Instrument or any other obligation you may have to Kickstarter or Provider.

By accepting Promotional Credit, you acknowledge and agree that you will be ineligible to make changes to the Kickstarter Project, including updating the verified identity associated with your Kickstarter Project after initial verification, without Kickstarter’s prior consent. You also represent and warrant that your receipt and use of Promotional Credit is not prohibited or inconsistent with any applicable laws or regulations.

This Promotional Credit is only available for a limited time. Kickstarter reserves the right to withdraw or amend this promotion at any time including prior to its use by you.

Unless otherwise agreed in a separate writing by Kickstarter, Kickstarter is not responsible for any third-party Provider services and is not a party to your agreement with any such Provider. You agree that provision of a third-party Provider’s services may be subject to such Provider’s own terms and conditions applicable to such service. Kickstarter does not endorse, warrant or guarantee the services offered by any third-party Provider. Kickstarter is not an agent, distributor, reseller, broker or otherwise responsible for third-party Provider or their services. We encourage you to be aware when you are engaging any third-party Provider and to read the terms and conditions of such Provider’s service that you utilize. By utilizing the Promotional Credit, you release and hold us harmless from any and all liability arising from your use of a third-party Provider’s service. If you have a dispute with a third-party Provider, you agree that Kickstarter is under no obligation to become involved. To the maximum extent permitted by applicable law, you release Kickstarter, our affiliates, and our respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with any third-party Provider or a third party in connection with such Provider’s services.