By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Neoniva, LLC (together with Casting Call Club LLC, and its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “Neoniva,” “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.

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. New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using Neoniva after a change, that means you accept the new terms.

Neoniva is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

You can browse Neoniva without registering for an account. But to use some of Neoniva’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to 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 [email protected].

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.

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

• 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 Neoniva 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 part or reverse engineer any aspect of Neoniva in an effort to access things like source code, underlying ideas, or algorithms.

Neoniva provides a funding platform for creative projects. When a creator posts a project on Neoniva, they’re inviting other people to form a contract with them. Anyone who enters a project is accepting the creator’s offer, and forming that contract.

Neoniva is not a part of this contract—the contract is a direct legal agreement between creators and their entrants. Here are the terms that govern that agreement:

These are the terms that apply when you’re entering a contest:

• You’re charged when submitting an entree to a contest. You’ll provide your payment information when you enter and you will be charged immediately. The exact amount of the entree fee is the amount Neoniva will collect.
• The estimated prize 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 entrants 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 contest has ended. 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 [email protected] if you receive a request for information that seems inappropriate or excessive.
• Neoniva doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project creator. Neoniva 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 an entrants’s entree fee at any time. If you do, you have no further obligation to that specific entrant, and no agreement exists between you.
• We’ll charge our fees before putting funds in your account. Neoniva and its payment partners will subtract fees before transmitting the proceeds of a campaign.
• We'll help resolve payment-card disputes. If an entrant 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.

Neoniva 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 Neoniva 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.

Creating an account on Neoniva is free. If your contest is free, then Neoniva will not collect any project fees.

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 by entrants are collected by payment providers. Each payment provider is its own company, and Neoniva isn’t responsible for its performance.

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

If you upgrade to a paid plan, we will charge $99 per year on the credit card we have on file until you turn off auto-renew. We use Stripe in order to collect paid plan funds. No cards are ever held on Neoniva servers.

Neoniva 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.

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

Neoniva 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 Neoniva 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 Neoniva’s mission and charter—but we also use algorithms to surface popular projects, projects your friends have entered 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 entrants 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 Neoniva 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 Neoniva’s hosting of that Content.
• You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Neoniva 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. Neoniva will not be liable for any errors or omissions in any Content.

Neoniva’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.

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

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Neoniva 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.
[email protected]

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).

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

• We can make changes to the Neoniva Site and Services without notice or liability.
• We have the right to decide who’s eligible to use Neoniva. 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—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 Neoniva in that jurisdiction.
• We have the right to cancel any entrant 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.

Neoniva 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.

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.

NEONIVA 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 NEONIVA SHALL CREATE ANY WARRANTY.

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 Neoniva. 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.

To the fullest extent permitted by law, in no event will Neoniva, 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 Neoniva’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

We at Neoniva encourage you to contact us if you’re having an issue before resorting to the courts. Please email [email protected] so that one of our support team agents can personally reply to you and attempt to resolve your issue.

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 Oklahoma 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 Neoniva and its Services are deemed a passive website that does not give rise to jurisdiction over Neoniva or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Oklahoma. 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 Neoniva, shall be filed only in the state or federal courts located in Oklahoma County in the State of Oklahoma, 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.

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