1. Welcome to DadaSoko!
This page explains our terms of use. When you
use DadaSoko, you agree to all the rules below. Some of them need to be
expressed in legal language, but we’ve done our best to offer you clear and
simple explanations—hence the brief summaries in these blue boxes, which are
not part of the official legal terms.
By using this website (the “Site”) and services
(together with the Site, the “Services”) offered by DadaSoko, (together
with its subsidiaries, affiliates, agents, representatives, consultants,
employees, officers, and directors—collectively, “DadaSoko,” “we,” or “us”),
you’re agreeing to these legally binding rules (the “Terms”). You’re also
agreeing to our Privacy Policy and Cookie Policy, and agreeing
to follow any other rules on the Site, like our Community
Guidelines and rules for starting projects.
We may change these terms from time to time. If
we do, we’ll let you know about any material changes, either by notifying you
on the Site or by sending you an email. Creators based in the European Union
will be notified of material changes at least 15 days before they go into
effect. New versions of the terms will never apply retroactively—we’ll tell you
the exact date they go into effect. If you keep using DadaSoko after a change,
that means you accept the new terms.
DadaSoko is for your personal, non-commercial
use, except as explained in section 4 and section 5 below.
2. About Creating an Account
You must be 18 or over to sign up for a DadaSoko
account. You’re responsible for your account and all the activity in it.
You can browse DadaSoko without registering for
an account. But to use some of DadaSoko’s functions, you’ll need to register,
choose a username, and set a password. When you do that, the information you
give us must be accurate and complete. Don’t impersonate anyone else or choose
names that are offensive or that violate anyone’s rights. If you don’t follow
these rules, we may cancel your account.
You’re responsible for all the activity on your
account, and for keeping your password confidential. If you find out that
someone’s used your account without your permission, you should report it
to info@DadaSoko.com.
To sign up for an account, you need to be at
least 18 years old, or old enough to form a binding contract where you live. If
necessary, we may ask you for proof of age.
3. Things You Definitely Shouldn’t Do
This section is a list of things you probably
already know you shouldn’t do—lie, break laws, abuse people, steal data, hack
other people’s computers, and so on. Please behave yourself. Don’t do this
stuff.
Millions of people use DadaSoko. We expect all
of them to behave responsibly and help keep this a nice place. Don’t do any of
these things on the Site:
- 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 DadaSoko’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 DadaSoko or another party).
- Don’t abuse other users’
personal information. When
you use DadaSoko — 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 a DadaSoko project: don’t use it for
other purposes, and don’t abuse it.
We
also need to make sure that the Site is secure, and our systems function
properly. So, don’t do any of these things—most of which boil down to “don’t
mess with our system.”
- Don’t try to interfere with the
proper workings of the Services.
- Don’t bypass any measures we’ve
put in place to secure the Services.
- Don’t try to damage or get
unauthorized access to any system, data, password, or other information,
whether it belongs to DadaSoko 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.)
- Don’t use any kind of software
or device (whether it’s manual or automated) to “crawl” or “spider” any
part of the Site.
- Don’t take apart or reverse engineer
any aspect of DadaSoko in an effort to access things like source code,
underlying ideas, or algorithms.
4. How Projects Work
Most of our Terms of Use explain your
relationship with DadaSoko. This section is different—it explains the
relationship between creators and backers of DadaSoko
projects, and who’s responsible for what. This is what you’re agreeing to when
you create or back a DadaSoko project.
DadaSoko provides a funding platform for
creative projects. When a creator posts a project on DadaSoko, they invite other people to form a contract with them. Anyone who backs a project accepts the creator’s offer and forms that contract.
DadaSoko is not a part of this contract—the
contract is a direct legal agreement between creators and their backers. Here
are the terms that govern that agreement:
When a project is successfully funded, the
creator must complete the project and fulfill each reward. Once a creator
has done so, they’ve satisfied their obligation to their backers.
Throughout the process, creators owe their
backers a high standard of effort, honest communication, and 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.
5. How Funding Works
This section goes over the details of backing
and creating projects—things like how money gets collected, whether pledges can
be changed or canceled, and how creators can contact backers to provide
rewards.
These are the terms that apply when you’re backing
a project:
- You’re only charged if the
project reaches its fundraising goal. You’ll
provide your payment information when you pledge, but you won’t be
charged. Your payment will only be collected if, at the time of the
project’s funding deadline, the project has reached its fundraising goal.
The exact amount you pledged is the amount DadaSoko will collect. If the
campaign hasn’t reached its fundraising goal, you won’t be charged, no
funds will be collected, and no money will change hands.
- In some cases, we’ll reserve
the charge on your card. DadaSoko
and its payment partners may authorize or reserve a charge on your credit
card (or whatever payment method you use) for any amount up to the full
pledge, at any time between the pledge and the collection of funds.
- You can change or cancel your
pledge at any time before the project’s funding deadline (with one
exception). You can increase,
decrease, or cancel your pledge at any time during the campaign, with one
exception. During the last 24 hours of the campaign, you can’t decrease or
cancel your pledge without contacting customer support first—if that
action would drop the project below its funding goal. Once the project has
been funded, you can only cancel or change your pledge by making special
arrangements directly with the creator.
- The estimated delivery is the
creator’s estimate. The
month and year listed on each reward is the creator’s estimate of when
they will provide the reward—not a guarantee to fulfill by that time. The schedule
may change as the creator works on the project. We ask creators to think
carefully, set an estimated delivery they feel confident they can work
toward, and communicate with backers about any changes.
- The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll 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 info@DadaSoko.com if you receive a request for information that seems inappropriate or excessive.
- DadaSoko doesn’t offer refunds. Responsibility for finishing a project lies
entirely with the project creator. DadaSoko doesn’t hold funds on
creators’ behalf, cannot guarantee creators’ work, and does not offer
refunds.
These
are the terms that apply when you’re creating a project:
- You can refund individual
pledges if you want. After
your project has been funded, you can cancel and refund a backer’s pledge
at any time. If you do, you have no further obligation to that specific
backer, and no agreement exists between you.
- We’ll charge our fees before
putting funds into your account. DadaSoko
and its payment partners will subtract fees before transmitting the
proceeds of a campaign.
- Some pledges can’t be
collected, which might reduce the amount of funding you get. Because some payments can’t be collected—for
instance, when a backer’s credit card expires before funding ends, and they
don’t provide updated information—we can’t guarantee that the amount of
funding you receive will be exactly equal to the full amount pledged minus
fees.
- We'll help resolve payment-card
disputes. If a backer of your
project disputes the charge with their card issuer, we'll handle
re-presenting the charge to settle the dispute with the card issuer.
You’ll be notified that a dispute has been filed, and you’ll be able to
provide evidence to help us resolve it in your favor. If the cardholder’s
dispute is found valid, you authorize us to charge the credit card number
you provided when you started your project for the amount of the
chargeback.
- Prepare for potential delays. Don’t assume you’ll be able to launch your
project when you want; there could be a reason we’re not able to accept
it, or a problem that takes time to resolve. Don’t assume you’ll be able
to immediately collect your funding; there may be a delay between the end
of a successful campaign and your access to the funds. And don’t take any
actions in reliance on collecting any of the money pledged until you
actually have the ability to withdraw it from your account and spend it.
6. Stuff We Don’t Do and Aren’t Responsible For
We don’t oversee projects’ performance, and we
don’t mediate disputes between users.
DadaSoko 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 DadaSoko 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.
7. Our Fees
We only charge our 5% fee on successfully funded
projects, in addition to any fees from our payment partners.
Creating an account on DadaSoko is free. If you
create a project that reaches its funding goal, we collect a 5% fee and our
payment partners collect fees. Our partners’ fees may vary
slightly based on your location.
We will not collect any fees without giving you
a chance to review and accept them. If our fees ever change, we’ll announce
that on our Site. Some funds pledged by backers are collected by payment
providers. Each payment provider is its own company, and DadaSoko isn’t
responsible for its performance.
You’re responsible for paying any additional
fees or taxes associated with your use of DadaSoko.
8. Other Websites
If you follow a link to another website, what
happens there is between you and them—not us.
DadaSoko 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.
DadaSoko partners with other companies (such as
PaySoko) for payment processing. When you back or create a project, you also
agree to the payment processor’s terms of service.
9. Your Intellectual Property
We don't own the content you post on DadaSoko,
but we do have your permission to use or copy it however we need. We generally
use it to promote projects and showcase our community. Ultimately, you're
responsible for the content you post, and you're vouching to us that it's ok to
use.
DadaSoko 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 a Project We Love badge; we also
carefully curate the homepage to highlight great examples of DadaSoko
projects. The projects at the very top of the homepage typically are
best-of-the-best Projects We Love—based on factors such as creative
innovation, honesty, and alignment with DadaSoko’s mission and
charter—but we also use algorithms to surface popular projects, projects
your friends have backed and launched, and projects recommended just for
you. 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 DadaSoko 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 DadaSoko’s hosting of that Content.
- You promise that if we use your
Content, we’re not violating anyone’s rights or copyrights. If DadaSoko 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. DadaSoko
will not be liable for any errors or omissions in any Content.
10. DadaSoko’s Intellectual Property
The content on DadaSoko is protected in various
ways. You do have the right to use it for certain personal purposes, but you
can’t use it for anything commercial without getting permission first.
DadaSoko’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.
DadaSoko grants you a license to reproduce
content from the Services for personal use only. This license covers both
DadaSoko’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 DadaSoko 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.
11. How We Deal with Copyright Issues
We comply with the Digital Millennium Copyright
Act. To learn more about how we deal with claims of copyright infringement,
read our Copyright Policy.
The Digital Millennium Copyright Act lays out a
system of legal requirements for dealing with allegations of copyright
infringement. DadaSoko complies with the DMCA, and we respond to notices of alleged
infringement if they comply with the law and the requirements set forth in our
Copyright Policy. We reserve the right to delete or disable content alleged to
be infringing, and to terminate accounts for repeat infringers. (We do this
when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright
infringement, please visit our Copyright Policy. Our designated agent for
notice of alleged copyright infringement is: info@DadaSoko.com
12. Deleting Your Account
You can delete your account at any time, but
doing so won’t automatically remove some content you’ve already posted.
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 info@DadaSoko.com for additional
information or to request project page deletion (this is not available in all
circumstances).
13. Our Rights
To operate, we need to be able to maintain
control over what happens on our website. So, in this section, we reserve the
right to make decisions to protect the health and integrity of our system. We
don’t take these powers lightly, and we only use them when we absolutely have
to.
To protect the health and integrity of our
system and to help ensure that creators and backers enjoy a safe and secure
environment, DadaSoko reserves these rights:
- We can make changes to the
DadaSoko Site and Services without notice or liability.
- We have the right to decide
who’s eligible to use DadaSoko. 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 DadaSoko 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.
DadaSoko
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
at least 30 days in advance, 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.
14. Warranty Disclaimer
We work hard to provide you with great services,
but we can’t guarantee everything will always work perfectly. This site is
presented as-is, without warranties.
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.
DADASOKO 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 DADASOKO SHALL CREATE ANY WARRANTY.
15. Indemnification
If you do something on DadaSoko that winds up
getting us sued, you have to help defend us.
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 DadaSoko. 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.
16. Limitation of Liability
If something bad happens as a result of your
using DadaSoko, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no
event will DadaSoko, 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 DadaSoko’s liability for direct damages be
in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
17. Dispute Resolution and Governing Law
We’re located in Las Vegas, Nevada and Nairobi,
Kenya any disputes with us have to be handled in Las Vegas under Nevada State
law.
We at DadaSoko encourage you to contact us if
you’re having an issue before resorting to the courts. Our DadaSoko support
team is on hand and ready to answer your questions. You can visit our Help
Center to find articles with information that may resolve your issue. If
you still have questions, you can click “Contact us” in the Help
Center or email info@DadaSoko.com so that one of our
support team agents can personally reply to you and attempt to resolve your
issue. These resources are easily accessible and free.
If you’re a creator based in the European Union
and, after contacting us through those channels, you still don’t feel as if
your issue has been resolved, we may agree with you to engage in mediation to
resolve any complaints in good faith. You may address your complaint with one
of these two mediation organizations:
- The Centre for Effective
Dispute Resolution (CEDR)
- IPOS Mediation
In
the unfortunate situation where legal action does arise, these Terms (and all
other rules, policies, or guidelines incorporated by reference) will be
governed by and construed in accordance with the laws of the State of New York
and the United States, without giving effect to any principles of conflicts of
law, and without application of the Uniform Computer Information Transaction
Act or the United Nations Convention of Controls for International Sale of
Goods. You agree that DadaSoko and its Services are deemed a passive website
that does not give rise to jurisdiction over DadaSoko or its parents,
subsidiaries, affiliates, assigns, employees, agents, directors, officers, or
shareholders, either specific or general, in any jurisdiction other than the
State of New York. You agree that any action at law or in equity arising out of
or relating to these Terms, or your use or non-use of DadaSoko, shall be filed
only in the state or federal courts located in New York County in the State of
New York, and you hereby consent and submit to the personal jurisdiction of
these courts for the purposes of litigating any such action. You hereby
irrevocably waive any right you may have to trial by jury in any dispute,
action, or proceeding.
18. The Rest
These are our official terms and our rules for
how things work. You can verify any confusing or conflicting information you
see elsewhere by referencing what we’ve explained on this page.
These Terms and the other material referenced in
them are the entire agreement between you and DadaSoko with respect to the
Services. They supersede all other communications and proposals (whether oral,
written, or electronic) between you and DadaSoko 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 DadaSoko 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 DadaSoko’s prior
written consent. DadaSoko has the right to assign, transfer, or delegate any of
its rights and obligations under these Terms without your consent. DadaSoko
will provide you with notice via email, written notice, or by conspicuously posting
the notice on our Site.
DadaSoko Terms of Use Updates
These updated terms went into effect on August
13, 2021 at 10 am Eastern Time and apply to all projects launched on DadaSoko
on or after that date.
We want to be as transparent as possible about
the changes we make to our Terms of Use. In this archive, you can see versions
of our Terms of Use from 2012 to the present. Where available, we’ve also
included comparisons of the version to the previous version to make it as easy
as possible to see what has changed.