Terms and Conditions
- Agreement between User and IndieLiveWire.com
Welcome to IndieLiveWire.com. The IndieLiveWire.com website (the “Site”) is comprised of various web pages operated by Koa Aloha Studios LLC (“Koa Aloha Studios”). IndieLiveWire.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of IndieLiveWire.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
IndieLiveWire.com is an E-Commerce Site providing services to Project Creators and Contributors. The Services are a platform only; We are not a Broker, Financial Institution, Creditor or Charity. The Services provided by Koa Aloha Studios on the IndieLiveWire.com platform are an administrative platform only.
IndieLiveWire.com is an online crowdfunding platform for Users to seek to raise funds for their own Projects and to contribute to the Projects of others. Project Creators can offer Rewards to Contributors in thanks for the Contributors’ donation of funds. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Koa Aloha Studios, LLC. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
- Electronic Communications
Visiting IndieLiveWire.com or sending emails to Koa Aloha Studios constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
- Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Koa Aloha Studios is not responsible for third party access to your account that results from theft or misappropriation of your account. Koa Aloha Studios and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
- Deleting your account. You may submit a request to delete your account by contacting us here, but this will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights to User Content.
- Do not engage in illegal activity. Do not take any action that infringes on or violates people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone. You may not offer any Rewards that are illegal, violate any of Koa Aloha Studios’ policies through IndieLiveWire.com, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Do not spam. It is strictly prohibited to 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.
- Be honest and truthful. Do not post information that you know to be false, misleading or inaccurate. Do not participate in any deceptive or fraudulent behaviors.
- Respect the privacy of others and do not abuse other user’s personal information. If you are a Project Creator, you may receive information about other users, including things
- Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Respect the property of others including their computers. You may not distribute software viruses, or anything else designed to interfere with the proper function of any software, hardware, or equipment on the Site, or in the use of the site, or by any other use.
- Project Creators
Project Creators use the IndieLiveWire.com platform to post Projects and invite other people to form a contract with them. Anyone who contributes to a Project is accepting the Project Creator’s offer, and thereby forming that contract.
Koa Aloha Studios is not a part of this contract. The contract is a direct legal agreement between Project Creators and their Contributors.
- Project Creator Fees. Project Creators pay a service fee to Koa Aloha Studios for the use of the IndieLiveWire.com platform and for the ability to create a project.
- Project Creators are Solely Responsible for Their Projects. Project Creators are solely responsible for their projects and for fulfilling the promises made in their project. If Project Creators are unable to fulfill these expectations, they may be subject to legal actions by Contributors.
- Refunds for Contributors must be handled by the Project Creator. Koa Aloha Studios does not offer refunds for any Services or Contributions in relation to the IndieLiveWire.com platform.
- Good Faith Efforts from the Project Creator. It is the expectation that Project Creators will make good faith effort to fulfill the Rewards associated with a Project in the timeframe that is communicated to Contributors. If the Project Creator is unable to fulfill a Reward it is the expectation that the Project Creator issue refunds to Contributors.
- Complying with Applicable Laws and Regulations. It is the Project Creator’s responsibility to demonstrate that the Project Creator did comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards.
- Use of Funds by Project Creator. It is the Project Creator’s responsibility to demonstrate that they have used the funds appropriately and made every reasonable effort to complete the Project as promised to Contributors.
- Contributions are Immediate. Koa Aloha Studios does not hold or delay contributions. Contributions are processed through PayPal. When a Contribution is made, the Project Creator is solely responsible for Reward fulfillment and refunds.
A Contributor participates on the IndieLiveWire.com platform voluntarily and entirely at their sole discretion. Project Creators use the IndieLiveWire.com platform to post Projects and invite other people to form a contract with them. Anyone who contributes to a Project is accepting the Project Creator’s offer, and thereby forming that contract.
Koa Aloha Studios is not a part of this contract. The contract is a direct legal agreement between Project Creators and their Contributors.
- Voluntary Contributions. All contributions are voluntary and at the sole discretion and risk of the contributor.
- Charges are Immediate. Your credit card or PayPal account will be immediately charged when you Contribute to a Project. They are immediately submitted to the Project Creator. When a Contribution is made, the Project Creator is solely responsible for Reward fulfillment and refunds.
- Koa Aloha Studios Does Not Offer Refunds. We do not hold funds on the behalf of Project Creators or Contributors and we cannot guarantee a Project Creators work. The Project Creator is solely responsible for finishing the project.
- Project Creators May Contact Contributors. Project Creators may need to contact Contributors in order to fulfill a reward or offer Project updates. To receive the reward, you will need to provide the information in a reasonable amount of time. Creators should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at email@example.com you receive a request for information that seems inappropriate or excessive.
Koa Aloha Studios is not liable for any damages or losses related to your use of the services. We do not become involved in disputes between users, or between users and any third party relating to the use of the Services. We do not oversee the performance or punctuality of Projects or Project Creators, and we do not endorse any content users submit to the Site.
When you use the Services, you release Koa Aloha Studios from claims, damages, and demands of every kind whether 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 are solely responsible for any resulting damage or loss to any party.
- Service Fees for Project Creators. Koa Aloha Studios does not charge fees for creating accounts. There are fees associated with Projects created by Project Creators. The Service Fees are posted and can be found on the Service Fee
- We do not Charge Contributors a Fee. Koa Aloha Studios does not charge fees for Contributor account creation or for contributing to a Project.
- Third-Party Fees Apply. Standard Credit Card Processing and PayPal fees may apply to transactions.
- Reporting Copyright Concerns
We use best practices to comply with intellectual property laws and industry best practices in order to maintain the integrity our Site and Services. The Digital Millennium Copyright Act (“DMCA”) sets out the legal system to report notices of alleged copyright infringement. We reserve the right to delete or disable User Content alleged to be infringing, and to terminate user accounts for repeat infringers (in our sole discretion). To submit a claim of alleged copyright infringement, please email us at firstname.lastname@example.org.
- You Must Be 18 Years Old
You must be 18 years or older to sign up for an account and use our Services. Minors between the age of 13 and 18 years are only permitted to use our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account.
- Cancellation/Refund Policy
Koa Aloha Studios does not offer refunds for its services offered on IndieLiveWire.com. All sales for services are final. Refunds for Contributors must be handled by the Project Creator. Koa Aloha Studios has no obligation to provide any refunds or become involved with any dispute between a Project Creator and Contributor.
- Links to Third Party Sites/Third Party Services
IndieLiveWire.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Koa Aloha Studios and Koa Aloha Studios is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Koa Aloha Studios is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Koa Aloha Studios of the site or any association with its operators.
Certain services made available via IndieLiveWire.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the IndieLiveWire.com domain, you hereby acknowledge and consent that Koa Aloha Studios may share such information and data with any third party with whom Koa Aloha Studios has a contractual relationship to provide the requested product, service or functionality on behalf of IndieLiveWire.com users and customers.
- No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Koa Aloha Studios or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Koa Aloha Studios content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Koa Aloha Studios and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Koa Aloha Studios or our licensors except as expressly authorized by these Terms.
- Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Koa Aloha Studios has no obligation to monitor the Communication Services. However, Koa Aloha Studios reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Koa Aloha Studios reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Koa Aloha Studios reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Koa Aloha Studios’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Koa Aloha Studios does not control or endorse the content, messages or information found in any Communication Service and, therefore, Koa Aloha Studios specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Koa Aloha Studios spokespersons, and their views do not necessarily reflect those of Koa Aloha Studios.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
- Materials Provided to IndieLiveWire.com or Posted on Any Koa Aloha Studios Web Page
Koa Aloha Studios does not claim ownership of the materials you provide to IndieLiveWire.com (including feedback and suggestions) or post, upload, input or submit to any Koa Aloha Studios Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Koa Aloha Studios, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Koa Aloha Studios is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Koa Aloha Studios’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- International Users
The Service is controlled, operated and administered by Koa Aloha Studios from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Koa Aloha Studios Content accessed through IndieLiveWire.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Koa Aloha Studios, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Koa Aloha Studios reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Koa Aloha Studios in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
- Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Koa Aloha Studios agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KOA ALOHA STUDIOS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KOA ALOHA STUDIOS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KOA ALOHA STUDIOS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Termination/Access Restriction
Koa Aloha Studios reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Koa Aloha Studios as a result of this agreement or use of the Site. Koa Aloha Studios’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Koa Aloha Studios’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Koa Aloha Studios with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Koa Aloha Studios with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Koa Aloha Studios with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
- Project Creators are those Users who raise funds through the Site and Services.
- Projects are Project Creators fundraising projects through services.
- Contributors or Backers are those Users who contribute funds to campaigns.
- Rewards are the tangible items or tangible services offered by Project Creators to Contributors.
- “Koa Aloha Studios,” “we,” ”our” or “us” refers to Koa Aloha Studios, LLC., a California company, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
- “IndieLiveWire Content” refers to Content provided by Koa Aloha Studios to Users in connection with the IndieLiveWire Services, including, without limitation, the software, the products and the site;
- Changes to Terms
Koa Aloha Studios reserves the right, in its sole discretion, to change the Terms under which IndieLiveWire.com is offered. The most current version of the Terms will supersede all previous versions. Koa Aloha Studios encourages you to periodically review the Terms to stay informed of our updates.
- Contact Us
Koa Aloha Studios welcomes your questions or comments regarding the Terms:
Koa Aloha Studios LLC
411 Main Street #111
Huntington Beach, California 92648
Effective as of April 15, 2019