Terms of service
These Terms of Service define the scope and conditions of using our Website available at the address: gamefound.com. By using the Website, you accept the Terms of Service and undertake to comply with them. Notwithstanding any use of our Website before visiting this Terms of Service page, we hereby prohibit you from continued use of our Website if you do not agree to the terms and conditions set out in the Terms of Service, and you must stop using our Website until you do.
The Website is run by Realms Distribution Sp. z o.o. („Realms Distribution”) with its registered office in Wrocław (53-333) at the following address: ul. Powstańców Śląskich 118, registered in the Register of Entrepreneurs conducted by the District Court for Wrocław-Fabryczna, VI Commercial Department of the National Court Register under the KRS number: 0000637257, Polish business entity statistical number (REGON): 365403324, Polish taxpayer’s identification number (NIP): 8992798122, share capital in the amount of 5.000,00 PLN.
- Description of the Website
- General provisions
- Shipping conditions
- Withdrawal from the Agreement and deleting the account
- Intellectual Property
- Technical requirements
- Final provisions
- Backer means an User that sets up an account on the Kickstarter’s website and/or the Website and who brought a Pledge to at least one Project;
- Late Backer means an User that set up an account only on the Website, taking no part in the initial crowdfunding campaign conducted by www.kickstarter.com, who brought a Pledge to at least one Project;
- Creator means any creator of the Project;
- Pledge means any cash sum collected by the Creator through the crowdfunding campaign, in order to fund one or several Projects;
- Late Pledge means any cash sum collected by the Creator from the Late Backer, directly through the Website, in order to fund one or several Projects;
- Reward or Product means, when appropriate, the products that are suggested by the Creator to its Backers or Late Backers, in exchange of their Pledge or Late Pledge to the Project;
- Project means any scheme led by the Creator and made available online on www.kickstarter.com or https://gamefound.com/en or any other website conducting crowdfunding campaigns financed through Pledges and / or the Late Pledges;
- Agreement means a contract for providing specific services between a Backer or Late Backer and Realms Distriubtion to provide services via the Website based on the Terms of Service and the other arrangements made between the Parties;
- Civil Code – the civil code act of 23 April 1964 as amended;
- Website - https://gamefound.com/en.
3. DESCRIPTION OF THE WEBSITE
The Website was created to perform a function of pledge manager and crowdfunding platform for the Projects available on the Website. It is a tool that makes available for the Creator to manage the logistics after a crowdfunding campaign organized by the Creator through websites like www.kickstarter.com, e.g. shipping of the Products and/or organize a new crowdfunding campaign in order to fund the Product.
Regardless of the above, our Website gives the Backer or the Late Backer an opportunity:
- to manage the Pledge brought for the Product created by the Creator, which was a subject of the crowdfunding campaign conducted by other websites like www.kickstarter.com,
- to bring the Late Pledge for the Product created by the Creator, which is a subject of the crowdfunding campaign conducted by the Website,
4. GENERAL PROVISIONS
Realms Distribution provides services to the Backers and the Late Backers in the scope and on the conditions set out in the Terms of Service.
The Backers and the Late Backers are entitled to use the services in a manner consistent with applicable laws of Republic of Poland, rules of social coexistence and morality. The Backer and the Late Backer undertake not to provide unlawful content and such that may adversely affect the security of the Website or harm other users.
Terms and conditions regarding the Projects are set out by the Creators and shall be available for the Backer and the Late Backer before bringing the Pledge or Late Pledge.
Prices indicated on the Website constitute a commercial information, not an offer in the meaning of the Polish Civil Code. The binding character – for the purpose of concluding a specific agreement – is gained only upon confirmation that the order has been accepted by the Creator.
In order to bring the Pledge or Late Pledge to finance a particular Project, the Backer or the Late Backer is obliged to comply with the provisions of the internal regulations implemented by the Creator in the scope of providing the services.
If the Pledge is brought by Kickstarter’s website or any other similar website, terms of providing services, including setting up an account, are defined by Kickstarter or this other website.
If the Pledge or the Late Pledge is brought through the Website, the Backer or Late Backer are obliged to complete the registration process by providing Realms Distribution with current and accurate information (in particular: name, surname, e-mail address). The Backer or Late Backer may also be required to choose a password and a user name. The account is set up after accepting the Backer’s or Late Backer’s application by Realms Distribution.
Pledge orders can be placed 24 hours a day. To place the order, the Backer or Late Backer needs to be logged in and take at least the following actions, while some of them may be repeated numerous times:
- choosing the Project and the Reward;
- selecting the delivery type;
- selecting the payment method;
- selecting the place of issue of the item;
- placing an order by using the button dependent on a specific Project payment options set out by the Creator.
As soon as the intention to bring the Pledge or the Late Pledge by the Backer or the Late Backer is confirmed (the order is placed), the agreement between the Backer or the Late Backer is considered concluded. After bringing the Pledge or the Late Pledge for a particular Project, the Creator will send a proper confirmation via e-mail address provided during setting up an account.
The agreement to bring the Pledge or the Late to the Project is a direct legal agreement between the Creator and the Backer or the Late Backer, which means that Realms Distribution is not a party of the Agreement and will not be responsible and liable for any acts and/or omissions, and any other violations of the particular agreement concluded between the Creator and the Backer or the Late Backer.
The Backer and the Late Backer are responsible for maintaining the confidentiality of the account and password, for restricting access to the account, and agree to accept responsibility for all activities that occur under the account or password.
The Creator is exclusively liable for any changes in the Project, delays or any other circumstances that could prevent the Creator from being able to finish the Project.
The Backer and the Late Backer agree, that transaction described above is treated as pre-order of given item and will be performed in estimated time listed in the Project and Product description.
The Creator and the Backer or Late Backer jointly agree that Realms Distribution is not liable for any entities providing their services in order to perform the Agreement – to the extent permitted by the Polish generally applicable law provisions.
5. SHIPPING CONDITIONS
If a Backer or Late Backer brought a Pledge or Late Pledge by using the Website, shipping / delivery conditions depends on the choice of the Backer or the Late Backer made / provided by the Creator after bringing a Pledge or Late Pledge for a specific Project and confirming the order. The Backer or Late Backer can choose a shipping method (in one or two waves), address etc. Shipping address can be changed only via the Backer’s or Late Backer’s account and only before sending package with the Reward.
Delivery of the Reward is carried out by a shipment in cooperation with the courier or postal company selected by the Creator. Specific terms of the delivery will be set by the Creator.
After handing over the package to the courier or postal company mentioned above, the Creator will send the Backer or the Late Backer a proper notification via SMS, e-mail or any other method chosen by the Creator, provided during setting up the account, unless the package has been sent via Polish Post. The risk of damage or loss, passes to the Backer or Late Backer when the package is handed over to the courier or postal company.
If the Backer or the Late Backer refuse to accept the package with the Reward due to any charges and fees, the Creator reserves the right to subtract the costs of returning this package back to sender from the balance of the money pledged by the Backer or the Late Backer for the purpose of the campaign.
6. WITHDRAWAL FROM THE AGREEMENT AND DELETING THE ACCOUNT
The Backer or the Late Backer have the right to withdraw from the Agreement (concluded remotely) without stating reasons and without incurring costs, except for the additional and unreasonable costs.
The withdrawal term for the Agreement concluded remotely is 14 days from day of its conclusion, while to comply with this term it is enough to send a relevant statement before its end.
Terms and conditions regarding the liability for any defects in the Reward are set out by all the Creators independently.
8. INTELLECTUAL PROPERTY
Services or products provided by the Creator are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. The Backer and the Late Backer agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website. The Backer and the Late Backer also agree not to change, translate, or otherwise create derivative works.
9. TECHNICAL REQUIREMENTS
Realms Distribution ensures correct operation of the Website for the Backers and the Late Backers accessing the system via the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, a screen of horizontal resolution above 1024 px. The use of third parties’ software which influences the functioning and functionality of the browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may have an impact on the correct functioning of the Website, therefore for the purpose of achieving full functionality, it should be turned off.
10. FINAL PROVISIONS
Registered Backers and Late Backers shall be informed about any amendments to the Terms of Service and their scope by e-mail (at the e-mail addresses provided during registration or changed through the personal account settings). The amendments shall be introduced to adjust the terms and conditions to the current state of the law and shall enter into force on the date indicated in the amended version of the Terms of Service, but not less than 14 days after providing the above mentioned information.
The current version of the Terms of Service is always available to the Backer and the Late Backer at the Website (https://gamefound.com/info/terms-of-service-detailed). The Backer and the Late Backer are bound by the Terms of Service accepted while making a Pledge or the Late Pledge.
To any matters not settled herein, the relevant legal provisions are applicable. Any disputes between Realms Distribution and the Backer or the Late Backer, shall be settled by way of mediation or out-of-court dispute settlement. If the dispute is not resolved in the manner indicated above, all matters arising under the Agreement will be heard by the court with jurisdiction over the Realms Distribution’s seat.