Regarding General Behavior

  • 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 ambrionic’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 ambrionic or another party).
  • Don’t abuse other users’ personal information. When you use ambrionic — 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 an ambrionic project: don’t use it for other purposes, and don’t abuse it.

Regarding ambrionic.com

  • Don’t try to interfere with the proper workings of Services.
  • Don’t bypass any measures we’ve put in place to secure Services.
  • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to ambrionic 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.)

Regarding Campaigns

When a project is successfully funded, the creator must complete the project and fulfill each reward to the best of their ability or make their backers whole in regards to resources spent. Once a creator has done so, they’ve satisfied their obligation to their backers and ambrionic.

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 they’re not buying something 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. To right this, 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 who have not received their reward (in proportion to the amounts pledged), 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.

Regarding Refunds

The sole responsibility of refunds are within the purview and control of campaign creators and not ambrionic.

Regarding Responsibilities

Ambrionic isn’t liable for any damages or losses related to your use of the Services. 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 ambrionic 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.

Regarding Fees

Creating an account on ambrionic is free. If you create a project that reaches its funding goal, we collect a 2% fee for most projects. We reserve the right to change our fee rates at will. Our partners’ collect fees as well and these fees may vary slightly based on your location.

If our fees ever change, we’ll announce that on our Site within a reasonable amount of time. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Kickstarter isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of ambrionic.

Regarding Third Party Sites

Ambrionic 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.

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

Regarding Intellectual Property Rights

Ambrionic doesn’t own 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 project for review, or launch a project, you agree to these terms:

  • We can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote projects and showcase our community on the website. There are many factors that we take into consideration before featuring a project on the homepage or giving it a Project We Love badge. This includes, but is not limited to, a crisp project image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your project, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. In addition to giving some projects attention, we also carefully curate the homepage to highlight great examples of ambrionic projects. The projects at the very top of the homepage typically are best-of-the-best —based on factors such as creative innovation and honesty. We may also recommend projects that are gaining traction as a result of their creator’s own advertising, and/or on the basis of a user’s prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website.
  • When we use the Content, we can make changes, like editing or translating it. You grant us 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 ambrionic 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 ambrionic’s hosting of that Content.
  • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If ambrionic 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’re responsible for the stuff 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’re not responsible for mistakes in your Content. Ambrionic will not be liable for any errors or omissions in any Content.

Regarding ambrionic Property Rights

Ambrionic’s Services are legally protected in various ways, 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.

Ambrionic grants you a license to reproduce content from the Services for personal use only. This license covers both ambrionic’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 ambrionic 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.

Regarding Account Deletion

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at [email protected] for additional information or to request project page deletion (this is not available in all circumstances).

Regarding ambrionic.com Rights

To protect the health and integrity of our system and to help ensure that creators and backers enjoy a safe and secure environment, ambrionic reserves these rights:

  • We can make changes to the ambrionic Site and Services without notice or liability.
  • We have the right to decide who’s eligible to use ambrionic. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines and rules for starting projects—we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use ambrionic 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.

Ambrionic 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, 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.

Regarding Warranty

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

AMBRIONIC 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 AMBRIONIC SHALL CREATE ANY WARRANTY.

Regarding Indemnification

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us 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 ambrionic. 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 that you’ll cooperate and help us in asserting any defenses.

As part of this, by accepting these Terms of Use, you consent to service of process for any action that could be brought against ambrionic, for any reason.

Regarding Liability

To the fullest extent permitted by law, in no event will ambrionic, 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 ambrionic’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($1.00).

Regarding Disputes

We at ambrionic encourage you to contact us if you’re having an issue before resorting to the courts. Our ambrionic support person is on hand and ready to answer your questions. You can find articles with information that may resolve your issue. If you still have questions, you can email [email protected] so that our one agent can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.

Regarding Excetera

These Terms and the other material referenced in them are the entire agreement between you and ambrionic with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and ambrionic 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 ambrionic 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 ambrionic’s prior written consent. ambrionic has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Ambrionic will provide you notice via email, written notice, verbal notice or by conspicuously posting the notice on our Site.