In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Campaign Owners, Contributors and other visitors to the Service are referred to collectively as “Users.”

Coming Soon is an online crowdfunding venue for people and entities seeking to contribute to the Campaigns of others. Perks are not offered for sale. Coming Soon makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of your User Content (as defined below) posted on the Service. Coming Soon does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Service at their own risk.

You are not eligible to use the Service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign or the Service at any time for any reason without liability.

Coming Soon is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:

• use the Service to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
• post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
• spam the comments sections or other Users with offers of goods and services or inappropriate messages;
• engage in any activity that interferes with or disrupts the proper working of the Service or any activities conducted on the Service; or
• take any action that imposes, in Coming Soon’s sole discretion, an unreasonable load on Coming Soon’s infrastructure.
• We reserve the right to remove and terminate User accounts for such activities.

You agree to defend, indemnify and hold harmless Coming Soon, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. Coming Soon may assume the exclusive defense and control of any matter for which you have agreed to indemnify Coming Soon and you agree to assist and cooperate with Coming Soon in the defense or settlement of any such matters.

Coming Soon has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.

If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Coming Soon (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO Coming Soon FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Coming Soon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Coming Soon without restriction or consent.

Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree that: (i) the Service shall be deemed solely based in Texas (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Coming Soon, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles.

You and Coming Soon each agree that any and all disputes or claims that have arisen or may arise between you and Coming Soon relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the City and County of Austin, Texas. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.

Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

You agree Coming Soon may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.

Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve our Services. However, to avoid future misunderstandings when new products, services and features developed internally by Coming Soon employees might be similar or even identical to a submission received by Coming Soon, the following Coming Soon policy applies to all third party submissions to Coming Soon of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) Coming Soon shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

These Terms are the entire agreement between you and Coming Soon regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Coming Soon’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Coming Soon may alter these Terms at any time, so please review them frequently. If a material change is made, Coming Soon may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at Coming Soon’s sole discretion, in good faith, and using common sense and reasonable judgment.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) or that any User Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify Coming Soon’s Legal Department at legal@agency20.com. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing (“Notice of Infringement”):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complainant”).

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

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 Coming Soon to locate the material. Information reasonably sufficient to permit Coming Soon to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.

A statement that the Complainant has 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. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the Complainant are encouraged to work to an amicable resolution.

In accordance with the DMCA and other applicable laws, Coming Soon has adopted a policy of terminating, in appropriate circumstances and at Coming Soon’s sole discretion, repeat infringers.

Nothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.

If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at hello@agency20.com.