Carreon v. Inman et al

Filing 22

RESPONSE (re 20 Ex Parte Application For Temporary Restraining Order and Order to Shaw Cause Re Preliminary Injunction ) filed byIndiegogo, Inc.. (Attachments: # 1 Declaration of Ragesh K. Tangri, # 2 Exhibit A to Tangri declaration, # 3 Exhibit B to Tangri declaration, # 4 Exhibit C to Tangri declaration, # 5 Exhibit D to Tangri declaration, # 6 Exhibit E to Tangri declaration, # 7 Exhibit F to Tangri declaration, # 8 Exhibit G to Tangri declaration, # 9 Exhibit H to Tangri declaration, # 10 Declaration of Slava Rubin, # 11 Exhibit A to Rubin declaration)(Novikov, Eugene) (Filed on 7/1/2012)

Exhibit B

Janelle Cotton
From:
Sent:
To:
Subject:
Attachments:

Charles Carreon, Esq. [[e-mail]]
Thursday, June 28, 2012 7:01 PM
Stephanie Shattuck; Venkat Balasubramani; [e-mail]; [e-mail]; Eugene
Novikov; [e-mail]; Mark Lemley; [e-mail]; Ragesh Tangri; Grilli, Sarah;
[e-mail]
Corrected Carreon Dec. & Revised Exhibits: Carreon v. Inman / Ex Parte Application / Fwd:
CV-12-3112-EMC
CARREON.DEC.v.2.0.pdf; Revised.Exhibits.pdf

Counsel:
Please find a Carreon Declaration v.2.0 and Revised Exhibits that will be filed. (I omitted Exhibit C and placed
part of Exhibit B under the Exhibit C tab.) Exhibit C is my donation receipt. I corrected that and added
numbering to Exhibit B to accord with the Declaration. There are no other changes.
With regard to when the actual ECF filing will occur tomorrow, I'm not sure. I have depos all day in Tucson, so
I might not be able to do it until lunchtime.
Charles
On Thu, Jun 28, 2012 at 5:02 PM, Stephanie Shattuck <[e-mail]> wrote:
The Court has this notice on its home page:

ECF System is experiencing technical difficulties.
Due to technical difficulties in the ECF System, ECF will be unable to accept filings until 10:30 a.m. on Friday,
June 29. Please see General Order 45.VI.E for information on how technical issues affect deadlines.
For filings that have a deadline, please contact the Courtroom Deputy for your Judge.

On 6/28/12 4:55 PM, Charles Carreon, Esq. wrote:
Counsel:
Please find attached the Ex Parte Application documents. For some reason, the ECF system is balking when I
try to upload them, so I have sent an email to the ECF Helpdesk to complete that task. Accordingly, those of
you who are on ECF will be notified of the filing by that means in due course. I expect it will be accomplished
this evening.
As you probably all know, Judge Chen is not hearing cases this week. I myself have depositions all day
tomorrow here in Tucson, and have requested a telephonic hearing in the Notice.
Very truly yours,
Charles
Charles Carreon, Esq.
2165 S. Avenida Planeta
1

Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: [phone]
This message may contain attorney-client and/or attorney work-product privileged material. If you are
not the intended recipient, please first notify the sender and then delete the message and any
attachment. Inadvertent disclosures shall not work a waiver of any privilege.
---------- Forwarded message ---------From: Charles Carreon, Esq. <[e-mail]>
Date: Thu, Jun 28, 2012 at 4:46 PM
Subject: CV-12-3112-EMC
To: [e-mail]
Dear ECF Helpdesk:
I am requesting assistance to file the attached Ex Parte Application that is being rejected by the ECF
system and showing the following error code. Please advise of what steps I should take next in order
to get the files uploaded.
3:12-cv-03112-EMC Carreon v.
Inman et al
ADRMOP,AO279
An Internal Error has occurred the error code is 48.
error:
An Internal Error has occurred the error code is 48.
Error call to backend server failed with (error:
An Internal Error has occurred the error code is 48.C
Thank you,
Charles Carreon, Esq.
2165 S. Avenida Planeta
Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: [phone]
This message may contain attorney-client and/or attorney work-product privileged material. If you are
not the intended recipient, please first notify the sender and then delete the message and any
attachment. Inadvertent disclosures shall not work a waiver of any privilege.

2

--

-Charles Carreon, Esq.
2165 S. Avenida Planeta
Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: [phone]
This message may contain attorney-client and/or attorney work-product privileged material. If you are not the
intended recipient, please first notify the sender and then delete the message and any attachment. Inadvertent
disclosures shall not work a waiver of any privilege.

-Charles Carreon, Esq.
2165 S. Avenida Planeta
Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: [phone]
This message may contain attorney-client and/or attorney work-product privileged material. If you are not the
intended recipient, please first notify the sender and then delete the message and any attachment. Inadvertent
disclosures shall not work a waiver of any privilege.

3

1
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CHARLES CARREON, ESQ. (127139)
2165 S. Avenida Planeta
Tucson, Arizona 85710
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney Pro Se for Plaintiff Charles Carreon

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES CARREON

)
)
Plaintiff,
)
)
vs.
)
)
MATTHEW INMAN, INDIEGOGO, INC., )
NATIONAL WILDLIFE FEDERATION,
)
AND AMERICAN CANCER SOCIETY,
)
and Does 1 – 100,
)
)
Defendants,
)
)
and
)
)
KAMALA HARRIS, Attorney General of the )
State of California,
)
)
A Person To Be Joined If
)
Feasible Under F.R.Civ.P. 19. )
)

Case No.: CV-12-3112-EMC
DECLARATION OF CHARLES
CARREON IN SUPPORT OF EX PARTE
APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND ORDER
TO SHOW CAUSE RE PRELIMINARY
INJUNCTION

Judge: Hon. Edward M. Chen
Courtroom: 5, 17th Floor
Date: To be set
Time: To be set

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DECLARATION OF CHARLES CARREON

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Charles Carreon declares:
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1. I am a member of the bar of the State of California, admitted to practice in all state and
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federal courts of the state, and attorney pro se for Plaintiff. I make this declaration in support of
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Plaintiff’s Ex Parte Motion for Temporary Restraining Order and Order to Show Cause Re
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Permanent Injunction, based on personal knowledge and an informed review of relevant
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documents. If called as a witness I could and would so competently testify.
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BACKGROUND FACTS
______________________________________________

_______________________________

DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 1 of 9

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2. I am an attorney, with a focus on Internet law, and often represent website owners. On or

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about June 2, 2012, on behalf of a client, I sent a demand letter to defendant Matthew Inman

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(“Inman”). The matter giving rise to my sending the demand letter is not relevant to this lawsuit,

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but it is helpful to know that the amount I demanded was $20,000.

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3. Inman’s lawyer, Venkat Balasubramani, sent me a reply letter that discussed the legal issues I

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had raised, and at its conclusion stated that Inman had posted his own personal response on his

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website, TheOatmeal.com (“Inman’s site”).

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4. After reading the response at Inman’s site, I clicked on a hyperlink there, that brought up a

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webpage at Indiegogo.com, a “crowdfunding” website run by defendant Indiegogo, Inc.

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(“Indiegogo”). Inman contracted with Indiegogo pursuant to the terms of the “clickwrap”

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contract posted on the Indiegogo website, a true copy of which is attached as Exhibit A (the

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“Indiegogo Contract”). The Indiegogo contract makes Inman and Indiegogo agents of each for

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purposes of operating and offering fundraising ventures. Pursuant to Paragraphs 3 – 5 of the

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Indiegogo, Inman designated himself as the “Project Entity” to receive all of the “Contributions”

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elicited through Indiegogo’s crowdfunding mechanism, minus “a 9% marketplace processing fee

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retained by Indiegogo,” of which 5% will be rebated back to Inman when he reaches the funding

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goal, for a net take of 96%.

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5. The Indiegogo Contract impose the following limitations on Inman’s use of the website:

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You agree not to post User Content that: (i) may create a risk
of harm, loss, physical or mental injury, emotional distress,
death, disability, disfigurement, or physical or mental illness to
you, to any other person, or to any animal; (ii) may create a risk
of any other loss or damage to any person or property; (iii)
may constitute or contribute to a crime or tort; (iv) contains
any information or content that we deem to be unlawful,
harmful, abusive, racially or ethnically offensive, defamatory,
infringing, invasive of personal privacy or publicity rights,
harassing, humiliating to other people (publicly or otherwise),
libelous, threatening, or otherwise objectionable; ….
THE BEAR LOVE CAMPAIGN

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6. Inman launched a fundraising campaign with a fundraising goal of $20,000, that appeared on

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a webpage on the Indiegogo.com website. A true and correct screencapture of the webpage is
______________________________________________

_______________________________

DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 2 of 9

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attached hereto as page 1 of Exhibit B (the “Bear Love campaign”). Inman announced on the

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Bear Love campaign webpage that instead of paying the $20,000 demand, he was going to try to

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raise $20,000 for the National Wildlife Foundation (“NWF”) and the American Cancer Society

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(“ACS”), take a photo of the money, and send it to me along with a picture of a woman

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“seducing a Kodiak bear.”1 Quoting directly from page one of Exhibit B for the Court’s

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convenience:

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“Instead of mailing the owner of FunnyJunk the money, I'm going
to send the above drawing of his mother. I'm going to try and
raise $20,000 and instead send it to the National Wildlife
Federation and the American Cancer Society.”
(Emphasis added.)

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7. A hyperlink on the Bear Love campaign webpage on the Indiegogo site lead directly to a

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page on Inman’s own website where he made the true intention of the Bear Love campaign

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unmistakably clear with this statement addressed to me and my client: “Consider this my

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philanthropic, kind-spirited way of saying: F*ck off.” Page 2 of Exhibit B.

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8. Inman’s Bear Love campaign grew in popularity very quickly, and within hours had raised

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much more than $20,000.
CONTRIBUTION TO THE BEAR LOVE CAMPAIGN

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9. Based on what I saw on page one of Exhibit B, I understood that if I clicked to contribute,

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Indiegogo would give $5 to ACS and $5 to NWF. When I clicked on the “contribution” button, I

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was not required to check off any box indicating my assent to any contractual terms whatsoever.

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It was a seamless transaction that provided me with no information to supplement what I could

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see on page one of Exhibit B.

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10. With the expectation that I would be making a tax-deductible donation to two widely-

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respected, trustworthy charities dedicated to the elimination of cancer the protection of wildlife,

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respectively, I donated $10 to the Bear Love campaign, and received the receipt attached as

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Exhibit C.
UNREGISTERED STATUS OF DEFENDANTS INMAN AND INDIEGOGO

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Whether the woman depicted in Inman’s picture is my mother or my client’s mother is the subject of heated
Internet debate.
_______________________________
______________________________________________
DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 3 of 9

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11. After researching in California law, I concluded that Inman and Indiegogo were commercial

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fundraisers within the meaning of Cal. Gov. Code § 12599(a), so I searched for them in the

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California Attorney General’s database of charitable fundraisers, with a null result, as recorded

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in Exhibit D, that are true and correct screencaptures from the Attorney General’s website.

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PRE-FILING COMMUNICATIONS WITH THE CHARITABLE ORGANIZATIONS

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12. I contacted the media representative for ACS, David Sampson, and asked him if Inman had

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ACS’s permission to use ACS’s name in the Bear Love campaign. He said that ACS had not

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given Inman permission. Mr. Sampson gave me his email address, and I sent him the email

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attached as Exhibit E, advising that I wanted to assist ACS to secure 50% of all the money

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raised. I did not receive a “bounce notice” from Gmail, and thus conclude that Mr. Sampson

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received the email. However, I never received a reply.

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13. I sent an email to the General Counsel for NWF, Barbara McIntosh,2 a copy of which is

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attached as Exhibit F, asking if NWF had given Inman permission to use its name in the Bear

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Love campaign. I did not receive a “bounce notice” from Gmail, so I conclude Ms. McIntosh

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received the email. However, I have never received a reply.

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THE INITIAL COMPLAINT

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14. I sued Inman and Indiegogo, alleging they were not authorized to run the Bear Love

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campaign on behalf of NWF and ACS, because they were unregistered charitable fundraisers,

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lacked the necessary written contracts with NWF and ACS that are required by law, had failed to

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provide the 10-day statutory notice required before commencing a charitable fundraising

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campaign in California, and that for those and other reasons, (a) Indiegogo should be enjoined

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from disbursing any funds to Inman and (b) a charitable trust should be imposed upon the

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Charitable Fund.

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15. I also alleged Inman was going to donate $10,000 to NWF and $10,000 to ACS and keep all

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amounts over $20,000. In the prayer for relief to the initial complaint, I requested that Inman

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Ms. McIntosh was identified as NWF General Counsel by a document authored by her on an NWF website at
http://nwfaffiliates.org/ht/a/GetDocumentAction/i/103248. The document is of recent vintage, and concludes with
the statement: “Please remember to submit the attached form by April 8, 2011. If you have any questions,
please contact Barbara McIntosh, NWF General Counsel, at [phone] or [e-mail].” I also called
the telephone number listed and left her a detailed voicemail.
_______________________________
______________________________________________
DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 4 of 9

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receive none of the money and that Indiegogo be compelled to pay all of the money gathered by

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the Bear Love campaign (the “Charitable Fund”) to NWF and ACS.

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THE FIRST AMENDED COMPLAINT

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16. After I filed the complaint, a reporter called me and asked why I had alleged Inman was

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going to keep all of the Bear Love campaign money in excess of $20,000. I replied that Inman

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was not legally committed to do otherwise, whereupon the reporter told me that somewhere on

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the Internet, Inman had said all the money was going to charity, and he was going to add two

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additional charities to the list. Accordingly, I researched online, and eventually discovered a

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blog post that directed me back to the Indiegogo website, where for the first time, I discovered

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that on or about June 13th, Inman had posted just what the reporter had attributed to him on the

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“Updates” tab of the Bear Love campaign:

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“On another note: a lot of people have been asking what I plan
to do with the extra money we raised over the initial $20,000.
100% of it is going to charity. I’m going to add 2 more charities
to the list, in addition to the ACS and the NWF.”

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(Exhibit B, page 4.)

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17. At that point I thought: “This is a bait and switch campaign.” Bear Love campaign donors

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didn’t simply designate Inman to receive and disburse donations according to his liking. We had

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donated to two charities -- ACS and NWF – and no others. Thus, I further asked myself: “I

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wonder who those other two charities are that he is talking about? Perhaps they are affiliated

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with Inman?”

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EFFORTS TO REACH A NEGOTIATED RESOLUTION TO AVOID FILING THIS

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APPLICATION FOR TEMPORARY RESTRAINING ORDER

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18. It was clear to me that quite aside from the requirements of charitable fundraising law, Inman

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could not acquire a fund for one purpose and then dispose of it according to his discretion. I and

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the other donors had a right to have our donations go to ACS and NWF, and nowhere else. The

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simple answer seemed to be for Inman to simply relinquish any authority over the Charitable

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Fund, and allow Indiegogo to direct the money to ACS and NWF. Accordingly, on Friday June

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22nd, I sent a letter to Mr. Balasubramani as an email attachment, asking him if Inman would
disclaim all interest in the Charitable Fund as part of a settlement.
______________________________________________

_______________________________

DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 5 of 9

1
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19. Mr. Balasubramani declined my proposal in writing on Monday June 26th.
THE CHARITABLE FUND AND INMAN’S ACTIONS WITH RESPECT THERETO

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20. The Bear Love campaign concluded on June 26, 2012, with 14,406 donors contributing a

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total of $220,024.

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21. At 2:19 a.m. June 27, 2012, using the Indiegogo email system, Inman sent an email to all

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donors with a link to a webpage entitled “Operation BearLove Good, Cancer Bad has ended.

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Now what?” (Exhibit G.)

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22. On the Exhibit G webpage, Inman announced he had decided to stick with his original plan

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to give the money exclusively to ACS and NWF, but blamed me for spoiling his plan to divide

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the Charitable Fund among “four charities instead of two”:
“Previously I stated that because the amount raised was so much
larger than expected I was going to divide the money into four
charities instead of two, but unfortunately Carreon's lawsuit
claims that I'm holding an ‘illicit fundraiser’ and not donating
money where I said I would. To avoid further litigation with him,
I decided to split the money between the original two charities.”
23. While Inman accurately states that I allege he acted unlawfully by gathering funds in the
name of two charities with the intention of passing the money to four entities, the remainder of
the statement is false. Inman has not relinquished his claim of ownership over the Charitable
Fund, and has reached no compromise with me “to avoid further litigation.”
24. Inman thus informed 14,406 donors to the Bear Love campaign that his decision not to divide
the money four ways was the result of a compromise that I forced upon him. This is not true.
There has been no compromise, for if there had been, Inman would have relinquished his
assertion of control over the Charitable Fund, and Indiegogo would be directing the funds to the
putative beneficiaries of the Bear Love campaign -- ACS and NWF. Instead, Inman is insisting
upon retaining his role as the intermediary.
25. Inman claims that:
“Carreon has provided notice that he intends to ask the court for
a restraining order which will stop the transfer of funds from
Indiegogo. If we can't get that silly bullshit dismissed, the money
could be held up for days, weeks or months. Assuming we can, I
should have the money in about a week.”
______________________________________________

_______________________________

DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 6 of 9

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26. However, the only thing that will slow down the process of getting the money to NWF and
ACS is allowing Indiegogo to send the check to Inman, so he can cash it and pose for his
photograph alongside a stack of U.S. currency:
“Once the money is moved, I still plan on withdrawing $211k in
cash and taking a photo to send to Carreon…”
27. Inman’s desire to exercise ownership and possession of the Charitable Fund for purposes of a
publicity stunt is the only thing delaying the transfer of the funds to NWF and ACS.
FACTS ESTABLISHING THE RISK OF IRREPARABLE HARM
28. If Indiegogo pays Inman the money in the Charitable Fund, and Inman personally donates the
money to NWF and ACS, he will be unjustly enriched by receiving a large tax write-off that
should properly be allocated pro-rata to the 14,406 small donors who contributed to the
Charitable Fund. Indiegogo has a system for accepting donations on behalf of 501(c)(3) nonprofit entities and issuing the appropriate receipt for tax. A true copy of the webpage describing
the functioning of that system, provided through PayPal, is attached as Exhibit H hereto.
However, as Exhibit H makes clear, because Inman is not a non-profit corporation, and was
misappropriating the apparent endorsement the NWF and ACS, he could not use the PayPal
nonprofit donation system for the Bear Love campaign donors, and when I and other Bear Love
campaign donors made our donation, we did not receive receipts evidencing a donation to a taxexempt organization, even though the intended recipients of our donations, NWF and ACS, were
tax-exempt entities.
29. I reasonably believe that I am typical of the other donors to the Bear Love campaign, in that I
give small amounts to various charitable organizations on the Internet, often in the range of $5 $20, using my credit card. I keep the receipts as PDF documents in a folder on my computer to
be forwarded to my accountant at tax time so I can claim the charitable contribution write-off. I
believe that I, and all of the other donors, are entitled to receive the tax write-off for our
donations to NWF and ACS.

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______________________________________________

_______________________________

DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 7 of 9

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30. Making charitable donations over the Internet is convenient, and over the course of the year,

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I find that all the small donations add up to some measurable tax benefit. The same is certainly

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true of the other donors to the Bear Love fund.

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31. Pilfering very small amounts of money from very large numbers of people is a stock

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mechanism for conducting computer and Internet fraud. Preventing Inman from exploiting the

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giving public in such a fashion is in the public interest.

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COMMUNICATIONS WITH COUNSEL FOR DEFENDANTS AND THE ATTORNEY

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GENERAL AND SERVICE OF PROCESS

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32. I spoke with Kelvin Gong of the Attorney General’s office this morning. He had already

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received the First Amended Complaint that I had delivered to one of his colleagues in the AG’s

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office. I then sent a copy of all ex parte papers at his email address at [e-mail].

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Mr. Gong told me that he had reviewed the papers, and was accepting of service of process on

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behalf of the Attorney General. We agreed that I will provide him with notice if the Court sets a

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hearing in the matter.

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33. I provided written notice of my intention to file this ex parte application to Inman, Indiegogo,

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the American Cancer Society, the National Wildlife Federation, and the California Attorney

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General, by sending the emails and fax letters attached hereto jointly as Exhibit I to their

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respective offices.

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34. I proposed a stipulated resolution of this matter with the attorneys for Indiegogo in a

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teleconference on which three attorneys were present, and I explained as much of the substance

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of the matters as was necessary to convey the rationale for the relief sought by this application. I

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then sent them the letter attached as Exhibit J.

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35. The attorneys for Inman and Indiegogo have appeared in the action and thus will be served

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via ECF.

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36. I spoke with the attorney for ACS, Sarah Grilli of Kilpatrick Townsend, and advised her that

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I would send her all of the papers supporting this ex parte application via email at

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[e-mail] immediately after filing. Ms. Grilli agreed to accept service

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______________________________________________

_______________________________

DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 8 of 9

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of process of the ex parte papers on behalf of ACS, as set forth in the email attached as

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Exhibit K.

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37. With respect to counsel for NWF, I have not yet established communications with them. I

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am endeavoring to establish communications with them to arrange for service via email. If I am

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unable to establish contact with the NWF attorneys, I will serve the NWF agent for service of

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process and submit a proof of service so establishing.

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REQUEST TO ATTEND ORAL HEARING TELEPHONICALLY

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38. My office is at 2165 S. Avenida Planeta, Tucson, Arizona 85710. Based on my past

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experience in litigating actions in San Francisco, which I have often done, it would cost in the

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neighborhood of $1,000 in plane fare and lodging to attend a hearing in San Francisco, and entail

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approximately 36 hours of travel time to personally attend an oral hearing in San Francisco. As a

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pro se plaintiff and sole practicioner paying all the costs of this action, this would impose a

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substantial hardship upon me. Accordingly, I respectfully request the Court to permit me to

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appear telephonically at any hearing the Court wishes to schedule in this matter.

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I hereby declare, pursuant to the provisions of 28 U.S.C. § 1746 (2), under penalty of

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perjury under the laws of the United States of America, that the foregoing is true and correct, and

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that this declaration was executed on this 28th day of June, 2012 at Tucson, Arizona.

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Charles Carreon
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______________________________________________

_______________________________

DECLARATION OF CHARLES CARREON IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION, Page 9 of 9

Exhibit A

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services and functionality that we may establish and maintain from time to time and in our sole discretion
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must
notify Indiegogo immediately of any breach of security or unauthorized use of your account. Although Indiegogo will not be liable for your losses
caused by any unauthorized use of your account, you shall be liable for the losses of Indiegogo or others due to such unauthorized use.
You may use your Settings to control your Member Profile and how other Members communicate with you. By providing Indiegogo your email
address you consent to our using the email address to send you Service-related notices. induding any notices required by law, in lieu of
communication by postal mail. We may also use your email address to send you other messages. including changes to features of the Service and
special offers.
You agree not to use or launch any automated system, induding without limitation, "robots." "spiders," "offline readers," etc., that accesses the
Service in a manner that sends more request messages to the lndiegogo servers than a human can reasonably produce in the same period of time
by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names,
from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
Indiegogo may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability,
if. in Indiegogo's sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interiere with,
compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that
imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure: (iii) uploading invalid data.
viruses, worms. or other software agents through the Service: (iv) impersonating another person or otherwise misrepresenting your affiliation with a
person or entity, conducting fraud. hiding or attempting to hide your identity: (v) interiering with the proper wor1<:ing of the Service: or, (vi) bypassing
the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this
Agreement.
You may not use the Service for activities that: (i) violate any law. statute, ordinance or regulation: (ii) relate to sales of (a) narcotics, steroids,
certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote,
facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a
Clime. (e) items that are considered obscene, (t) items that infringe or violate any copyright, irademar1<, right of publicity or privacy or any other
proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms. or certain firearm
parts or accessories, or (i) ,certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal
information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or
certain multi-level mar1<eting programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems. off­
shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control
or possession of the item, (e) are by payment processors to collect payments on behalf of merchants. (t), are associated with the following Money
Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing.or (g) provide certain credit repair
or debt settlement services: (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being
fraudulent: (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products. or (b) prescription drugs and devices; (vi)
involve gambling, gaming and/or any other activity with an entry fee and a prize. induding, but not limited to casino games, sports betting, horse or
orevhound racino lotterv tickets. other ventures that facilitate oamblino. cames of skill (whether or not it is Jeoallv defined as a lotterv) and

sweepstakes unless the operator has obtained prior approval from Indiegogo and the operator and customers are located exclusively in
jurisdictions wtlere such activities are pennitted by law.

Posting a Project
Indiegogo may provide you the opportunity to post your Project on Indiegogo to showcase and share certain infonnation about the Project and elicit
feedback and financial contributions from other Members. Your Project Posting is User Content (as defined below), and is subject to all the tenns
and conditions relating to User Content in this Agreement. It is a breach of this Agreement to post a false or misleading Project or to post false or
misleading infonnation in your Project Profile Members wtlo post Projects are sometimes referred to in this Agreement as "Content Creators."

Project Fundraising
Indiegogo m ay provide you the opportunity to fundraise for your Project by soliciting financial contributions to support the Pro ject from Members

("Contributions"). The rules governing fundraising for your Project (the "Fundraising Rules") are as follows:
1. The first step in launching a fundraising campaign using the Service is to create a project profile page and post a "Funding Request." To post a
Funding Request, set your goal for the total Contributions you wish to raise during your current campaign ("Campaign Goal") and the date by wtlich
you'd like to raise the funds ("Campaign Deadline") on your Project Profile page. The Campaign Deadline can be between 1 and 120 days out.
(Note. if you reach your campaign goal, you can post a new project to launch a campaign to fund the next phase of your project. The number of
projects you can create is unlimited.)
2. You will be required to deSignate the legal entity to wtlich funds will be directed (the "Project Entity"). By providing the name of your Project
Entity to Indiegogo. you represent and warrant that you are an authorized representative of the Project Entity with the authority to bind the Project
Entity to the tenns of this Agreement. that the Project Entity is the legal entity responsible for the Project and accountable for the use of any funds
raised for it on Indiegogo, and that you accept this Agreement on the Project Entity's behalf.
3. To receive Contributions, your Project Entity must establish an account (a "Funding Account") with the payment processor deSignated by
Indiegogo at the time you post your Project (the "Processor"). You understand and agree that your Funding Account will be governed by your
agreement with the Processor, and that lndiegogo shall have no liability for your Funding Account or your transactions or interactions with the
Processor.
4. All Contributions made to a Project will be directed to the Project Entity's Funding Account, less a 9% mar1<etplace processing fee retained by
Indiegogo. All Contributions paid to a Project Entity will constitute "Project Funding," and the Indiegogo fee and all other Project Funding
requirements will apply. Indiegogo is not responsible for any error or omission in the Funding Account infonnation you provide. Unless automated
by the Processor, Project Funding less 3rd party processing fees will be disbursed from the Funding Account to the Project Entity's bank account
according to the Project's disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will be initiated within
5 business days of the campaign end date. It can then take up to 5 business days for the disbursed funds to arrive in your account.
5. Vllhen you reach your Campaign Deadline, your Funding Request will automatically close and no more Contributions will be accepted for your
Project. You may make a new F u nding Request any time after the end of your last Funding Request closes. If you reach your Campaign Goal by

your Campaign Deadline, lndiegogo will pay you a 5% rebate on all funds raised during the campaign. Payments will be included in a funds
transfer that will be initiated within 5 business days of the campaign end date. II can then take up to 5 business days for the disbursed funds to
arrive in your account
6. If your Project receives Project Funding by using Indiegogo's plalfonn and tools (including without limitation Project Funding paid into your
Finding Account), you agree to acknowledge Indiegogo by including the lndiegogo logo in the "Special Thanks" section of the
credits/acknowledgement section of your completed project as follows: using either the black or wtlite Indiegogo logo available in the Press section
of Indiegogo. com, the logo should appear on its own line (i.e., no other text or images on the left or right), sized so that the "Indiegogo" lettering in
the logo is at least three times the size of the credits' nonnal text.
7. You may

offer non-mon etary rewards for Contributions ("P er1<s") provided that the offering of such Per1<s is
,

lawful under all

applicable laws,

including without limitation state and federal securities laws, and otherwise complies with the tenns and conditions of this Agreement.
AIly Project Funding payments may be subject to verification of the identity of you and the Project Entity, the use of funds, and the timeline of the
project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our
sole discretion. You and the Project Entity agree that Project Funding may only be used on behalf of the Project. and that Project Funding will not
be used for any other purpose. You agree that if at any time during wtlile a Funding Request is open or within thirty (30) days of the close of a
Funding Request, Indiegogo makes a good faith detennination that the identity of you or the Project Entity or the timeline of the Project are not as
identified in the Project Posting, or that the Project Funding has not been used s olely on behalf of the Project, you will promptly refund the entire
amount of Project Funding from such Funding Request to the Contributors. We may change the Fundraising Rules at any time upon notice to you
If you do not accept a change we make to the Fundraising Rules. your sole remedy shall be to tenninate your Project Posting.
You shall have full responsibility for applicable taxes for all Project Funding paid to you under this Agreement, and for compliance with all
applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other fonn of business organization,
and with respect to your employees and contractors. including state wor1<er's compensation insurance coverage requirements and any U.S
immigration visa requirements. You agree to indemnify, defend and hold Indiegogo hannless from any liability for, or assessment of, any claims or
penalties with respect to such withholding taxes, labor or employment requirements. including any liability for, or assessment of, withholding taxes
imposed on lndiegogo by the relevant taxing authorities with respect to any Project Funding paid to you.
Indiegogo makes no guarantee regarding the number or amount of Contributions, or the amount of any Project Funding payment to be made to
you or the Project Entity under this Agreement.

Contributing to Projects
Indiegogo may provide you the opportunity to make Contributions to Project Postings on the Service You may contribute to any Project with an
open Funding Request in any amount you choose. You may contribute to as many Projects as you like.
II is solely your choice to contribute to a Project. You understand that making a Contribution to a Project does not give you any rights in or to that
Project, including without limitation any ownerShip, control, or distribution rights. and that the Project Entity shall be free to solicit other funding for
the Project, enter into contracts for the Project. allocate rights in or to the Project, and otherwise direct the Project

in its sole discretion. You further

understand that nothing in this Agreement or otherwise limits Indiegogo's right to enter into agreements or business relationships relating to
Projects. Indiegogo does not guarantee that any Project's Campaign Goal will be met. AIly Per1<s offered to you are belw'een you and the Project
Entity only. and Indiegogo does not guarantee that Per1<s will be delivered or satisfactory to you Indiegogo does not warrant the use of any Project
Funding or the outcome of any Project.
Contributions to Projects are nonrefundable. Under certain circumstances Indiegogo may, but is under no obligation to, seek the refund of Project
Funding if the Project Entity misrepresents the Project or misuses the funds. You acknowledge and agree that all your Contributions are belw'een
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personal or payment infonnation you provide to the Processor.

Indiegogo makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more
infonnation.

User Content
Some areas of the Service may allow Users to post feedback, comments. questions. and other infonnation. Any such postings, together with
Project Postings, constitute "User Content." You are solely responsible for your User Content that you upload. publish, display, link to or otherwise
make available (hereinafter. "posf') on the Service. and you agree that we are only acting as a passive conduit for your online distribution and
publication of your User Content. You must be the owner of all the Intellectual Property Rights (as defined below) in the User Content you post. or
have explicit pennission from the owner(s) of all such rights to post the User Content on Indiegogo.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights. mask work rights. moral rights. rights of
publicity, trademark. trade dress and service mark rights. good\.vill, trade secret rights and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof. under the laws of any state,
country, territory or other jurisdiction.
You agree not to post User Content that (i) may create a risk of hann. loss, physical or mental injury. emotional distress. death, disability.
disfigurement. or physical or mental illness to you, to any other person. or to any animal: (ii) may create a risk of any other loss or damage to any
person or property: (iii) may constitute or contribute to a crime or tort: (iv) contains any infonnation or content that we deem to be unlawful. hannful.
abusive, racially or ethnically offensive, defamatory. infringing, invasive of personal privacy or publicity rights, harassing. humiliating to other people
(publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal: (vi) contains any
information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships: or (vii) contains
any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate
third-party rights of any kind. including without limitation any Intellectual Property Rights. rights of publicity and privacy. Indiegogo reserves the
right. but is not obligated, to reject and/or remove any User Content that lndiegogo believes. in its sale discretion, violates these provisions. You
understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright. the Writer's Guild of
America, or any other rights organization.
Indiegogo takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the
Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send,
upload, download, stream, post. transmit. display, or otherwise make available or access through your use of the Service, is solely your
responsibility. Indiegogo is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may
be exposed to User Content that is inaccurate. offensive. indecent, or objectionable. and you agree that Indiegogo shall not be liable for any
damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other lndiegogo Users. We reserve the right. but have no obligation. to monitor disputes
between you and other Users.

License Grant
By posting any User Content on the Service, you expressly grant. and you represent and warrant that you have a right to grant, to Indiegogo a
royalty-free, sublicensable, transferable, perpetual. irrevocable, non-exclusive. world\.vide license to use, reproduce. mOdify, publish, list infonnation
regarding. edit. translate. distribute, publicly perform, publicly display. and make derivative works of all such User Content and your name. voice,
and/or likeness as contained in your User Content. in wtlole or in part. and in any form, media or technology, wtlether now known or hereafter
developed for use in connection with the Service.
Subject to the tenns and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service.
Indiegogo reserves all rights not expressly granted herein in the Service and the Indiegogo Content (as defined below) Indiegogo may terminate
this license at any time for any reason or no reason.

Assignment of Project-Related User Content
All User Content posted to a Project ("Project Feedback") shall be the sale and exclusive property of the Content Creator that posted that Project
You hereby assign to the Content Creator. or its designee, all your right, tille and interest throughout the world in and to any and all Project
Feedback you post to that Content Creator's Project. You hereby waive and irrevocably quitclaim to the Content Creator or its designee and
Indiegogo any and all claims. of any nature wtlatsoever. that you now have or may hereafter have for infringement of any and all Project Feedback
you post to that Content Creator's Project. If you post a Project. you acknowledge and agree that lndiegogo cannot take responsibility for your use
of Project Feedback and you use Project Feedback at your own risk. You hereby agree to indemnify, defend and hold lndiegogo hannless from
any liability arising from or relating to your use of Project Feedback.

Use of Widgets
Indiegogo may give you the opportunity to post a ''widget.'' or code that creates an Indiegogo graphic and a link to the Site, on your personal blog,
social network profile, or other locations on the Internet. You agree that your use of Indiegogo widgets is subject to this Agreement, that you will not
post any Indiegogo widget on a web page containing content that is prohibited under the "User Contenf' section of this Agreement, and that you
will remove allindiegogo widgets immediately upon termination of this Agreement

Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text,
graphics. illustrations, logos. patents. trademarks, service marks. copyrights, photographs, audio. videos, music, and User Content (the "Indiegogo
Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Indiegogo and its licensors. Except as explicitly provided
herein, nothing in this Agreement shall be deemed to create a license in or under

any such Intellectual Property Rights,

and you agree not to sell,

license, rent, mOdify, distribute, copy. reproduce, transmit, publicly display. publicly perform. publish, adapt. edit or create derivative works from
any materials or content accessible on the Service. Use of the lndiegogo Content or materials on the Service for any purpose not expressly
pennilted by this Agreement is strictly prohibited.

Eligibility

This Service is intended solely for Users who are thirteen (13) years of age or older. and any registration, use or access to the Service by anyone
under 13 is unauthorized, unlicensed. and in violation of this Agreement. Indiegogo may tenninate your account. delete any content or infonnation
that you have posted on the Service. and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for
any reason, at any time in its sole discretion, with or without notice, induding without limitation if it believes that you are under 13. If you are under
18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully
able and competent to enter into the tenns. conditions, obligations, affinnations. representations. and warranties set forth in this Agreement. and to
abide by and comply with this Agreement.

Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy By using the Service, you are consenting to have your personal data
transferred to and processed in the United States

Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal infonnation from
accidental loss and from unauthorized access. use. alteration or disclosure. However, we cannot guarantee that unauthorized third parties will
never be able to defeat those measures or use your personal infonnation for improper purposes. You acknowledge that you provide your personal
infonnation at your own risk.

OMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service. please
notify Indiegogo's copyright agent. as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the
DMCA, you must provide the following infonnation in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Infonnation reasonably sufficient to pennit Indiegogo to contact you. such as your address. telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its
agent. or law; and
6. A statement. made under penalty of pe�ury. that the above infonnation is accurate, and that you are the copyright owner or are authorized to act
on behalf of the owner.
The above infonnation must be submitted to the following DMCA Agent:
Name: Danae Ringelmann
Attn: DMCA Notice
Company: Indiegogo, Inc.
Address: 301 8th Street. Suite 225
San Francisco. CA 94103
Telephone & Fax: [phone]
Email: [e-mail]
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.
Please note that this procedure is exclusively for notifying Indiegogo and its affiliates that your copyrighted material has been infringed. The
preceding requirements are intended to comply with Indiegogo's rights and obligations under the DMCA including 17 U.S.C. 512(c). but do not
constitute legal advice. It may be advisable to contact an attomey regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law. Indiegogo has adopted a policy of tenninating. in appropriate circumstances and at
Indiegogo's sole discretion, members who are deemed to be repeat infringers. Indiegogo may also at its sole discretion limit access to the Service
and/or tenninate the accounts of any Users who infringe any intellectual property rights of others. whether or not there is any repeat infringement.

Additional Representations and Warranties
You shall be solely responsible for your ov.n User Content and the consequences of posting or publishing it. In connection with User Content, you
affinn. represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, and that if you are under 18 years of age you are either an emanCipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the tenns. conditions, obligations. affinnations. representations, and warranties
set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the \.VI'itten consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the
manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to
such use.
c. Your User Content and Indiegogo's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party.
including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

Third-Party Websites, Advertisers or Services
Indiegogo may contain links to third-party websites. advertisers, or services that are not owned or controlled by Indiegogo. Indiegogo has no

control over, and assumes no responsibility for. the content. privacy policies, or practices of any third party websites or services. If you access a
third party website from Indiegogo, you do so at your own risk, and you understand that this Agreement and Indiegogo's Privacy Policy do not
apply to your use of such sites. You expressly relieve Indiegogo from any and all liability arising from your use of any third-party website or

services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on Indiegogo, induding
payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers, You agree that lndiegogo
shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website
or service that you visit.

Indemnity
You agree to defend, indemnify and hold harmless Indiegogo and its subsidiarie s, agents, managers, and other affiliated companies, and their
employees, contr<!lctors. <!Igents, officers <!Ind directors, from <!Ind <!Ig<!linst <!Iny <!Ind <!III cl<!lims, d<!lm<!lges. oblig<!ltions, losses, Ii<!lbilities, costs or debt,

and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, induding any data or work
transmitted or received by you; (ii) your violation of any term of this Agreement. induding without limitation. your breach of any of the
representations and warranties above: (iii) your violation of any third-party right. induding without limitation any right of privacy, publicity rights or
Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country: (v) any claim or damages that
arise as a result of any of your User Content or any that are submitted via your account: or (vi) any other party's access and use of the Service with
your unique username, password or other appropriate security code

No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS
PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. INCLUDING. BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING. INDIEGOGO. ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE
OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION, UNINTERRUPTED OR SECUR E; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED: OR THAT THE SERVICE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
INDIEGOGO DOES NOT WARRANT. ENDORSE. GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INDIEGOGO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE,
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INDIEGOGO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTI O N

Limitation

BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDIEGOGO, ITS AFFILIATES, DIRECTORS.
EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE. INCIDENTAl. SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES. THAT RESULT FROM THE USE OF, OR INABILITY TO USE. THIS SERVICE, UNDER NO CIRCUMSTANCES WILL
INDIEGOGO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER
UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDIEGOGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS. MISTAKES, OR INACCURACIES OF CONTENT: (II) PERSONAL INJURY OR PROPERTY DAMAGE. OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN: (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS. VIR USES, TROJAN HORSES. OR THE LIKE THAT MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED. TRANSMITTED. OR OTHERWISE
MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY. IN NO EVENT SHALL INDIEGOGO, ITS AFFILIATES, DIRECTORS, EMPLOYEES. OR LICENSORS BE LIABLE TO
YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS. DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE
AMOUNT YOU PAID TO INDIEGOGO HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY. OR ANY OTHER BASIS, EVEN IF INDIEGOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Indiegogo makes no representations that the Service is appropriate or
available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely
responsible for compliance with local Jaw, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials
found on the Service are solely directed to individuals, companies. or other entities located in the U.S.

Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Indiegogo
'Nithout restriction.

General
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California: and (ii) the Service shall be deemed a passive one
that does not give rise to personal jurisdiction over Indiegogo. either specific or general, in jurisdictions other than California. This Agreement shall
be governed by the internal substantive laws of the State of California. without respect to its conflict of laws principles. Any daim or dispute
between you and Indiegogo that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located
in Santa Clara County, California.
B. Notifica tion Procedures, Indiegogo may provide notifications, whether such notifications are required by Jawor are for marketing or other
hu<;im><;<; rp,li'!tp,o numn<;p,<; tn vnu vii'! p,mi'!il nnlirp, v.trittp,n n r hi'!rn r.nnv nntirF nr thrnunh mn<;nirllnuc; nnc;tinn nf <;urh nntirF nn nur WF'h<;itp, i'!.<;

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" •• •_........-- ... --. .. .- .... , --

determined by Indiegogo in our sole discretion. Indiegogo reserves the right to determine the form and means of providing notifications to our

Users. provided that you may opt out of certain means of notification as described in this Agreement
C. Entire Agreement/Severability. This Agreement. together with any other legal notices and agreements published by lndiegogo via the Service.
shall constitute the entire agreement between you and Indiegogo concerning the Service. If any provision of this Agreement is deemed invalid by a
court of competent jurisdiction. the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreemen!. which shall
remain in full force and effect.
D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. and lndiegogo's failure
to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [e-mail] any questions regarding this Agreement.

UPDATES TO THIS AGREEMENT
January 18. 2008: We added prohibitions on false Project information in "Posting a Projec!." expanded and clarified the Fundraising Rules in
"Project Fundraising." added the section "Funding Accounts." explained that Indiegogo is not responsible for Perks and modified the language
relating to tax treatment of Contributions in "ConlIibuting to a Project." and stated again that you must have the rights to post User Content in "User
Content."
February 6. 2008: We added the following clarification to the section tilled "Contributing to Projects": "You understand that making a Contribution to
a Project does not give you any rights in or to that Project. including without limitation any ownership. control. or distribution rights. and that the
Project Entity shall be free to solicit other funding for the Project. enter into contracts for the Project. allocate rights in or to the Project. and
otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits Indiegogo's right to enter
into agreements or business relationships relating to Projects."
October 6. 2008: We revised the "Project Fundraising" and "Contributing to Projects" sections to state that when a Project does not meet its
Campaign Goal. a contributor's options are to make the Contribution to the Project anyway. or have the ConlIibution returned to the contributor's
Funding Account. and to include an acknowledgment requirement for funded projects.
November 21. 2008: We revised the "Project Fundraising" and "Contributing to Projects" sections to reflect the use of a third-party payment
processor to handle Contribution transactions.
May 7 . 2009: We added the following clarification to "Project Fundraising" section: "Unless automated by the Processor, Project Funding will be
disbursed from the Funding Account to the Project Entity's bank account according to the Project's disbursement details (set in the Funding section
of the Project Profile). All necessary fund transfers will take place on the Friday i mmediately following the point the disbursement preference
criteria are me!."
August 3, 2009: We revised "Project Fundraising section to darify that the funding goal did not have to be the amount of contributions the project
owner is looking to raise by the service in total but rather the amount needed to cover a specific phase of the project. We also darified that 3rd
party processing fees are removed from Project Funding upon disbursement.
September 9, 2009: We revised the "Use of Our Service" section to indude content creators as well as the "Project Fundraising" section to darify a
project's acknowledgement requirements if it's successful with fund raising.
April 21, 2010: We revised the "Project Fundraising" section to reflect the introduction of cash rewards for achieving campaign goals and
deadlines.
May 6. 2010: We added the ''You may not use the Service for activities that" statement to the "Use of Our Service" section.
March 5, 2012: We revised the "Project Fundraising" section to reflect the latest processing times for fund transfers.

As seen in:

·ei'IC!@IN¢r.

Moneyoom

Mashable

OPBS

Exhibit B

Page 1 of Exhibit B

Page 2 of Exhibit B

Page 3 of Exhibit B

Page 4 of Exhibit B

Exhibit C

Gmail - Your contribution to 'BearLove Good. Cancer Bad.'

Page 1 of 1

Charles Carreon< private

>

Your contribution to 'BearLove Good. Cancer Bad.'
1 message

Indiegogo (no reply)< [e-mail]>
Reply-To: [e-mail]
To:private

Thu, Jun 14, 2012 at 9:23 PM

Your contribution to 'BearLove Good. Cancer Bad.'
Thank you for your contribution to BearLove Good. Cancer Bad.
Please keep this message as your confirmation.
Contribution Amount: $10
Perk: (No Perk was selected)
Appearance: Anonymous Contribution - Your identity will not be revealed publicly
Payment Method: Credit or Debit Card
Need to add more information about your contribution, or ask about your perk? Send
a comment email to the campaign owner.
Encourage others to support this campaign! Go to the campaign page and leave a
comment or share the campaign with friends.
Browse more amazing entrepreneurial, creative and cause-related campaigns at
http://www.indiegogo.com/.
Questions? Check out our Contributor Happiness page.
Cheers,
The Indiegogo Team

Not finding what you need? Visit our Help Center.

https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&search=inbox&th=137... 6/14/2012

Exhibit D

Exhibit E

Gmail - Indiegogo.com and Matthew Inman / "Bear Love"

Page 1 of 1

Charles Carreon< [e-mail]>

Indiegogo.com and Matthew Inman / "Bear Love"
1 message

Charles Carreon, Esq. < [e-mail]>
To: [e-mail]

Thu, Jun 14, 2012 at 5:15 PM

Dear Mr. Sampson
This letter follows up on my telephone call yesterday, in which you agreed to be my contact with the
American Cancer Society (ACS), and restates the inquiries I made, as follows:
1. Is ACS aware of the "Bear Love Good" fundraising campaign being operated at this link on the
IndieGogo.com website? http://www.indiegogo.com/bearlovegood
2. Has ACS authorized the use of its trademark, USPTO Reg. #1615654 in connection with this
campaign?
3. Does IndieGogo.com or Mr. Inman have the required written contract with NWF required
by Cal. Govt. Code Sec. 12599(i)?
4. Does ACS approve of the solicitation of charitable contributions in conjunction with references to
bestiality, such as the Bear Love Good campaign is using? (The campaign specifically accuses
either my mother or that of my client of "seducing a Kodiak bear" and providing a misogynistic
cartoon to illustrate this activity, and as a result, I have received many hate emails threatening me
with bear attacks, rape by a bear, and further lewd solicitations concerning my mother, who, thank
heavens, has been deceased for many years.)
I look forward to your promptest possible response. Under Cal. Gov. B & P Code Sec. 17510.8, all
amounts raised for charitable purposes by Mr. Inman and IndieGogo.com are subject to a charitable trust.
Currently, Mr. Inman has committed to pay only $10,000 to the ACS. I believe the ACS is entitled to half of
the money that has been raised, currently $166,169 (see attached screencapture). Please advise as to
ACS's position on asserting a claim to these funds and what legal action the ACS intends to take in that
regard.
I respectfully request that this inquiry be forwarded to legal counsel for ACS and kept in confidence and not
disclosed to IndieGogo.com or Mr. Inman, in order to protect the rights of the public and ACS.
-Charles Carreon, Esq.
2165 S. Avenida Planeta
Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: [phone]
This message may contain attorney-client and/or attorney work-product privileged material. If you are not
the intended recipient, please first notify the sender and then delete the message and any attachment.
Inadvertent disclosures shall not work a waiver of any privilege.

6-14-2012 5-10-26 PM.BearLove.Screencap.pdf
329K

https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&q=david.sampson%40c... 6/18/2012

Exhibit F

Gmail - Indiegogo.com and Matthey Inman / "Bear Love" Campaign

Page 1 of 1

Charles Carreon< [e-mail]>

Indiegogo.com and Matthey Inman / "Bear Love" Campaign
1 message

Charles Carreon, Esq. < [e-mail]>
To: [e-mail]

Thu, Jun 14, 2012 at 2:37 PM

Dear Ms. McIntosh:
This letter follows up on my voicemail of a few moments ago, and restates the inquiries I made, as follows:
1. Is the National Wildlife Federation aware of the "Bear Love Good" fundraising campaign being
operated at this link on the IndieGogo.com website? http://www.indiegogo.com/bearlovegood
2. Has the NWF authorized the use of its trademark, USPTO Reg. # 3805508 in connection with this
campaign?
3. Does IndieGogo.com or Mr. Inman have the required written contract with NWF required by
Cal. Govt. Code Sec. 12599(i)?
4. Does the NWF approve of the solicitation of charitable contributions in conjunction with references to
bestiality, such as the Bear Love Good campaign is using? (The campaign specifically accuses
either my mother or that of my client of "seducing a Kodiak bear" and providing a misogynistic
cartoon to illustrate this activity, and as a result, I have received many hate emails threatening me
with bear attacks, rape by a bear, and further lewd solicitations concerning my mother, who, thank
heavens, has been deceased for many years.)
I look forward to your promptest possible response. Under Cal. Gov. B & P Code Sec. 17510.8, all
amounts raised for charitable purposes by Mr. Inman and IndieGogo.com are subject to a charitable trust.
Currently, Mr. Inman has committed to pay only $10,000 to the NWF. I believe the NWF is entitled to half
of the money that has been raised, currently $165,269. Please advise as to the NWF's position on
asserting a claim to these funds and what legal action the NWF intends to take in that regard.
I respectfully request that this inquiry be kept in confidence and not disclosed to IndieGogo.com or Mr.
Inman, in order to protect the rights of the public and the NWF.
Very truly yours,
Charles Carreon, Esq.
2165 S. Avenida Planeta
Tucson, AZ 85710
Tel 1: 520-841-0835
Tel 2: 520-762-7314
Fax: [phone]
This message may contain attorney-client and/or attorney work-product privileged material. If you are not
the intended recipient, please first notify the sender and then delete the message and any attachment.
Inadvertent disclosures shall not work a waiver of any privilege.

https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&q=mcintoshb%40nwf....

6/18/2012

Exhibit G

Exhibit H

Exhibit I

Charles Carreon, Attorney at Law
2165 S. Avenida Planeta
Tucson, Arizona 85710
[e-mail]
Telephone: 52
0-841-0835
Fax:
520-843-2083

June 26, 2012   

Email:  [e-mail] 
Via Fax: 866‐641‐4646 
Attn: Danae Ringelmann  
Company: Indiegogo, Inc.  
Address: 301 8th Street, Suite 225  
San Francisco, CA 94103  

Re:   Settlement Proposal / Carreon v. Inman, Case No. CV 12‐03112 EMC 

Dear Ms. Ringelmann: 

This follows up on a voicemail to you at 12:39 and 12:49 p.m. today, which was 
however truncated twice by the Indiegogo system, so you may not hear all I 
attempted to say on those voicemails.  My purpose was to provide you with this 
notice. 

Notice is hereby provided that pursuant to Local Rule 65‐1 and F.R.Civ.P. 65, 
Plaintiff will move the Court for a Temporary Restraining Order andOrder to 
Show Cause Regarding Preliminary Injunction to enjoin defendant 
Indiegogo,Inc. pending trial of this action from transferringthe proceeds of the 
Bear Love campaign in the amount of not less than $220,014 (the“Charitable 
Fund”), or any amount at all, to Matthew Inman, andrequiring that the 
Charitable Fund be held as segregated funds by Indiegogopending further of the 
Court for distribution of the Charitable Fund to the designated beneficiaries 
ofthe Bear Love campaign, to wit, defendants, the American Cancer Society and 
theNational Wildlife Federation. 

If Indiegogo is willing to stipulate to this proposed Temporary Restraining 
Order, either before or after Plaintiff files his application, please advise, and I will 
draft a proposed stipulation to effectuate any agreement we can reach. 

Please forward this notice to your legal counsel, so that I can arrange to email, 
fax, or by some other expeditious means deliver the ex parte papers to Indiegogo 

Charles Carreon, Esq. 

Page 2 

and its counsel.  Please feel free to have your attorney contact me directly at 520‐
841‐0835. 

Thank you for your attention to this matter. 

Very truly yours, 

Charles Carreon 

cc: 
Dep. Attorney General Joseph Zimring at fax 213‐897‐7605 
[e-mail] 

6/26/2012

Gmail - Successful transmission to 12138977605. Re: Carreon v. Inman / Notice of Ex Pa... Page 1 of 2

Charles Carreon< [e-mail]>

Successful transmission to 12138977605. Re: Carreon v. Inman / Notice of
Ex Parte TRO
1 message

[e-mail]< [e-mail]>
To: [e-mail]

Tue, Jun 26, 2012 at 1:13 PM

Dear Charles Carreon,
Re: Carreon v. Inman / Notice of Ex Parte TRO
The 3 page fax you sent through eFax.com to 12138977605 was
successfully transmitted at 2012-06-26 20:13:00 (GMT).
The length of transmission was 94 seconds.
The receiving machine's fax ID: 2138977605.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com

Customer Service
Online Help: http://www.efax.com/help/
Tel: [phone] (US) or 0870 711 2211 (UK)
Email: [e-mail]

https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&cat=eFax&search=cat...

6/26/2012

Charles Carreon, Attorney at Law
2165 S. Avenida Planeta
Tucson, Arizona 85710
[e-mail]
Telephone: 52
0-841-0835
Fax:
520-843-2083

June 26, 2012   

Via Fax: 404‐417‐5808 
Laurisa Curran, Senior Counsel 
American Cancer Society, Inc.  
250 Williams Street NW 
Atlanta, GA30303 

Re:   Carreon v. Inman, Case No. CV 12‐03112 EMC 

Dear Ms. Curran: 

This letter follows up on an email that Mr. David Sampson, the American Cancer 
Society’s west coast media head asked me to forward to you. 

 Notice is hereby provided to the National Wildlife Federation and the American 
Cancer Society, that pursuant to Local Rule 65‐1 and F.R.Civ.P. 65,Plaintiff will 
move the Court for a Temporary Restraining Order and Order toShow Cause 
Regarding Preliminary Injunction (TRO) to enjoin defendant 
Indiegogo,Inc.pending trial of this action from transferringthe proceeds of the 
Bear Love campaign in the amount of not less than $220,014 (the“Charitable 
Fund”), or any amount at all, to Matthew Inman, and requiring that the 
Charitable Fund be heldas segregated funds by Indiegogo pending further of the 
Court for distribution of the Charitable Fund to the designated beneficiaries of 
the Bear Love campaign, to wit, defendants, the American Cancer Society (ACS) 
and the National Wildlife Federation (NWF). 

The proposed TRO will not seek the imposition of any relief adverse to the ACS, 
and is being filed solely to secure moneys in the Bear Love campaign for the 
benefit of ACS and NWF as the identified beneficiaries of the Bear Love 
campaign.  Accordingly, please advise at your earliest possible opportunity if I 
may inform the Court of the ACSʹs position on the TRO.  

ACS was served with the Summons and Complaint on at the offices of its Agent 
for Service of Process in Los Angeles, California shortly after the action was 
commenced.  Since that date, there have been two filing developments.  The case 
was reassigned to the Hon. Edward M. Chen, and Plaintiff filed a First Amended 

Charles Carreon, Esq. 

Page 2 

Complaint.  These documents were attached to my prior email, and are not 
resent via fax in order avoid a waste of fax paper (the First Amdended 
Complaint is quite lengthy). 

Pease feel free to contact me directly at 520‐841‐0835. 

 I left a voicemail for at the number Mr. Sampson provided for your Atlanta 
office, 404.329.5762, and another for Sharonda Rich at 404‐417‐5968. 

Thank you for your attention to this matter. 

Very truly yours, 

Charles Carreon 

cc: 
Dep. Attorney General Joseph Zimring at fax 213‐897‐7605 
[e-mail] 

6/26/2012

Gmail - Successful transmission to 14044175808. Re: Carreon v. Inman, Case No. CV 12... Page 1 of 2

Charles Carreon< [e-mail]>

Successful transmission to 14044175808. Re: Carreon v. Inman, Case No.
CV 12-03112 EMC
1 message

[e-mail]< [e-mail]>
To: [e-mail]

Tue, Jun 26, 2012 at 3:07 PM

Dear Charles Carreon,
Re: Carreon v. Inman, Case No. CV 12-03112 EMC
The 3 page fax you sent through eFax.com to 14044175808 was
successfully transmitted at 2012-06-26 22:07:33 (GMT).
The length of transmission was 95 seconds.
The receiving machine's fax ID: 404 417 8013.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com

Customer Service
Online Help: http://www.efax.com/help/
Tel: [phone] (US) or 0870 711 2211 (UK)
Email: [e-mail]

https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&search=inbox&th=138... 6/26/2012

Gmail - Successful transmission to 12138977605. Re: Carreon v. Inman, Case No. CV 12... Page 1 of 2

Charles Carreon< [e-mail]>

Successful transmission to 12138977605. Re: Carreon v. Inman, Case No.
CV 12-03112 EMC
1 message

[e-mail]< [e-mail]>
To: [e-mail]

Tue, Jun 26, 2012 at 3:07 PM

Dear Charles Carreon,
Re: Carreon v. Inman, Case No. CV 12-03112 EMC
The 3 page fax you sent through eFax.com to 12138977605 was
successfully transmitted at 2012-06-26 22:07:33 (GMT).
The length of transmission was 95 seconds.
The receiving machine's fax ID: 2138977605.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com

Customer Service
Online Help: http://www.efax.com/help/
Tel: [phone] (US) or 0870 711 2211 (UK)
Email: [e-mail]

https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&search=inbox&th=138... 6/26/2012

Gmail - Successful transmission to 12138977605. Re: Carreon v. Inman / Letter to Indieg... Page 1 of 2

Charles Carreon< [e-mail]>

Successful transmission to 12138977605. Re: Carreon v. Inman / Letter to
Indiegogo Lawyers
1 message

[e-mail]< [e-mail]>
To: [e-mail]

Tue, Jun 26, 2012 at 5:26 PM

Dear Charles Carreon,
Re: Carreon v. Inman / Letter to Indiegogo Lawyers
The 4 page fax you sent through eFax.com to 12138977605 was
successfully transmitted at 2012-06-27 00:26:41 (GMT).
The length of transmission was 129 seconds.
The receiving machine's fax ID: 2138977605.
Best Regards,
If you need additional assistance, please visit our online help
center at http://www.efax.com/help/. Thank you for using the
eFax service.
eFax.com

Customer Service
Online Help: http://www.efax.com/help/
Tel: [phone] (US) or 0870 711 2211 (UK)
Email: [e-mail]

https://mail.google.com/mail/u/0/?ui=2&ik=fad1424fbb&view=pt&cat=eFax&search=cat...

6/26/2012

Exhibit J

Charles Carreon, Attorney at Law
2165 S. Avenida Planeta
Tucson, Arizona 85710
[e-mail]
Telephone: 52
0-841-0835
Fax:
520-843-2083

June 26, 2012   

Via Email:

[e-mail] 
[e-mail]

[e-mail] 
Ragesh Tangri 
Mark Lemley 
Eugene Novikov 
Durie Tangri 
217 Leidesdorff Street 
San Francisco, CA 94111 

Re:   Carreon v. Inman and Indiego, Case No. CV 12‐03112 EMC 

Dear Counsel: 

This letter follows up on our conversation today in which you all were present 
on the speakerphone.  Thank you for the opportunity to present a proposal for a 
stipulated resolution of the pending matter. 

First, this will provide written notice that pursuant to Local Rule 65‐1 and 
F.R.Civ.P. 65, Plaintiff will move the Court in the above‐named and numbered 
action for a Temporary Restraining Order and Order to Show Cause Regarding 
Preliminary Injunction (TRO) to enjoin defendant Indiegogo,Inc. (“Indiegogo”) 
pending trial of this action from transferring the proceeds of the Bear Love 
campaign in the amount of not less than $220,014 (the“Charitable Fund”), or any 
amount at all, to Matthew Inman, and requiring that the Charitable Fund be held 
as segregated funds by Indiegogo pending further order of the Court, for 
distribution of the Charitable Fund to the designated beneficiaries of the Bear 
Love campaign, to wit, defendants, the American Cancer Society (ACS) and the 
National Wildlife Federation (NWF). 

The proposed TRO will not seek the imposition of any relief adverse to 
Indiegogo, ACS, or NWF, and is being filed solely to secure moneys in the Bear 
Love campaign for the benefit of ACS and NWF as the identified beneficiaries of 
the Bear Love campaign.   

Charles Carreon, Esq. 

Page 2 

Indiegogo was served with the Summons and Complaint on at the offices of its 
Agent for Service of Process in Los Angeles, California shortly after the action 
was commenced.  Since that date, there have been two filing developments.  The 
case was reassigned to the Hon. Edward M. Chen, and Plaintiff filed a First 
Amended Complaint (“FAC”).  These documents are transmitted herewith. 

Second, as I proposed in our telephone conversation, Plaintiff is willing to resolve 
this entire matter by stipulation that will accomplish the stated purposes of the 
Bear Love campaign as defined by Mr. Inman, except as follows: 
 No portion of the Charitable Fund shall be disbursed to Mr. Inman. 
 The entire Charitable Fund will be disbursed 50/50 to ACS and NWF. 

Third, I am attempting to work with ACS and NWF to assure that all of the 
14,406 Bear Love campaign donors will receive receipts for their tax‐deductible 
donations, which they of course would not receive if the money were disbursed 
to Mr. Inman.  As I explained, based upon my non‐specialist knowledge of tax 
law, if Mr. Inman were to receive the Charitable Fund and donate the funds to 
ACS and NWF, Mr. Inman, rather than the Bear Love campaign donors, would 
receive the tax deduction, a form of unjust enrichment that would inure to his 
benefit and to their detriment. 

Fourth, if the matter can be resolved by stipulation, Plaintiff will waive: (a) his 
argument that Indiegogo is not entitled to receive the $8,800.56, i.e., four percent 
(4%) of the Charitable Fund because it is not a registered charitable fundraiser, as 
alleged in ¶ 60 of the FAC; (b) his prayer for relief seeking an injunction to 
restrain Indiegogo to “halt all ongoing campaigns on the Indiegogo site currently 
operating in violation of California law and hold all funds in charitable trust 
until Indiegogo registers with the California Attorney General as a charitable 
fundraiser and in all other ways complies with California law regulating 
charitable fundraising;” and, (c) his claim for an attorney’s fee as a public 
attorney general. 

As agreed, as soon as the Ex Parte Application is filed, I will email it to all three 
of you.  I look forward to discussing this matter further in an effort to draft a 
stipulation that will resolve this matter without a need to invoke an adjudicatory 
process.  Please contact me directly at 520‐841‐0835. 

Thank you for your attention to this matter. 

Very truly yours, 

Charles Carreon 

6/26/2012

Charles Carreon, Esq. 

cc: 

Page 3 

Dep. Attorney General Joseph Zimring at fax 213‐897‐7605 
[e-mail] 

6/26/2012

Exhibit K