Terms of service
These Terms of Service define the conditions you need to accept to use our Website available at the address: gamefound.com – you hereby 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. with its registered office in Wrocław (50-127) at the following address ul. św. Mikołaja 58, registered in the Register of Entrepreneurs conducted by the District Court for Wrocław-Fabryczna, VIth Commercial Department of the National Court Register under KRS number 0000637257, holder of Business entity statistical number (REGON): 365403324, Polish taxpayer’s identification number (NIP): 8992798122, holder of share capital in the amount of 5,000,00 PLN; („Realms Distribution”).
- Description of the Website
- General provisions / The Scope of services
- Shipping conditions
- Deleting the account
- Withdrawal from the Agreement and deleting the account
- Complaint Procedure
- Intellectual Property
- Technical requirements
- Final provisions
- Backer means any User that sets up an account on the crowdfunding website (e.g. Kickstarter) and/or the Website and 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;
- Reward means any product that is suggested by the Creator to its Backers in exchange of their Pledge to the Project;
- Project means any scheme led by the Creator and made available online on https://gamefound.com/;
- Agreement means a contract for providing specific services between a Backer and Realms Distribution to provide services via the Website based on the Terms of Service and the other arrangements made between the Parties – if applies;
- Website means the site available at the address https://gamefound.com/, providing services exclusively as pledge manager for the Projects.
All of the above definitions can be used in the singular and plural form (if applies).
3. DESCRIPTION OF THE WEBSITE
The Website was created exclusively to perform a function of pledge manager 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 crowdfunding websites like www.kickstarter.com, e.g. delivery and shipping of the Rewards.
Our Website gives the Backer an opportunity to manage the Pledge brought for the Reward created by the Creator, which was a subject of the crowdfunding campaign conducted by other websites like www.kickstarter.com.
4. GENERAL PROVISIONS / THE SCOPE OF SERVICES
Realms Distribution provides services to the Backers on the conditions set out in the Terms of Service, in particular in the scope of:
- providing the technical tools allowing Backer to compose the information about the desired content of the post-crowdfunding order for Creator’s project, e.g. separate products, language options and variations, provided by the Creator within his Project;
- receiving the delivery information for the Creator’s Project;
- forms of payment within the site (Paypal, Stripe) – if the Creator’s Project is set to allow the post-crowdfunding campaign additions to the order and the payment options are set by the Creator. Gamefound is only providing the Creator technical possibility to implement the payment forms within the Project – implementation and transfer of payments are being operated by the Creator himself;
- downloading the order invoices – if the Creator provides Backers such option.
The 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 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 Backers.
Prices indicated on the Website constitute a commercial information, not an offer in the meaning of the Polish Civil Code.
Terms of providing services by third parties’ websites, including setting up an account, are set by these websites.
The Backer is obliged to complete the registration process by providing Realms Distribution with current and accurate information (in particular: e-mail address and nick). The Backer may also be required to choose a password and a user name. During registration process, the Backer agrees to all the conditions of the Website set out in the Terms of Service and undertakes to comply with them.
The Website is available 24 hours a day. Access to a specific Project may be limited or cut off due to the Creator’s sole decision.
Due to substantial reasons, in particular technical or maintenance works, Realms Distribution may, from time to time, turn off the Website or some of its features / functions. Due to that some of the features / functions may be temporarily unavailable. Realms Distribution will use its best efforts to inform about the possible non-operating periods.
To use our services, the 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.
Realms Distribution is not a party of the agreement between the Creator and the Backer and will not be responsible and/or liable for any acts and/or omissions, and any other violations of the particular agreement concluded between the Creator and the Backer, in particular regarding the performance of the Project and the delivery of the Reward, except for the Realms Distribution’s Projects (the rules of responsibility of Realms Distribution, performance of the Project and delivery of the Reward are available on the subpage of every Realms Distribution’s Project).
The Backer is responsible for maintaining the confidentiality of the account and password, for restricting access to the account, and agrees 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.
Realms Distribution doesn’t provide the Backer any kind of guarantee that the Reward will be prepared on time set in the Project and the Reward’s description, except for the Realms Distribution’s Projects and Rewards (the rules of guarantee provided by Realms Distribution are available on the subpage of every Realms Distribution’s Project).
The Creator and the 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
Realms Distribution does not guarantee any kind of support, correspondence and / or any contact with regards to the shipping or delivery, as well as the final delivery of the Reward, except for the Realms Distribution’s Rewards (the rules of shipping and delivery of Realms Distribution’s Rewards are available on the subpage of every Realms Distribution’s Project).
6. DELETING THE ACCOUNT
The Backer is entitled to delete his account at any time through the account settings. Erasure of the account is tantamount to termination of the Agreement. In this case all of the Agreement’s provisions remaining in force due to these Terms of Service and / or generally applicable Polish law provisions survive such termination.
Realms Distribution reserves the right to block or delete the Backer’s account, with immediate effect, in the event of any violation of the Terms of Service or any other legal provisions or to block his account due to receiving a credible notification about the violation of the Terms of Service, until such case has been resolved. Realms Distribution is obligated to inform the Backer about the above mentioned block or delete of the Backer’s account, by sending him an e-mail, which will contain description of the specific reasons of blocking or deleting the Backer’s account and contact details to Realms Distribution.
Deleting an account by Realms Distribution is tantamount to termination of the Agreement. The Backer shall be informed about the termination of the Agreement via e-mail sent to the address provided by the Backer in the registration form. Notwithstanding the above, Realms Distribution may retain certain information as required by the law or as necessary for its legitimate business purposes.
7. WITHDRAWAL FROM THE AGREEMENT AND DELETING THE ACCOUNT
The Backer has the right to withdraw from the Agreement (concluded remotely) without stating reasons and without incurring costs, except for the additional and unreasonable costs – unless the Pledge was brought within your business activity.
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. The template of the withdrawal form is located here. You may use the attached template of the withdrawal form, but it is not obligatory.
We are not responsible and / or liable for reimbursement of any payments received by the Creator from you, and that’s because all payments are transferred directly to the Creator’s account. Terms and conditions regarding the reimbursement of payments are set out by all the Creators individually.
8. REWARD’S WARRANTY
Terms and conditions regarding the liability for any defects in the Reward are set out by all the Creators independently.
9. COMPLAINT PROCEDURE
We try really hard to provide you the best services we can, but we cannot give you a 100% guarantee, that everything will work well all day everyday, especially that we are somehow dependent on our contractors and suppliers. In case of any technical problem you find while using our Website or any reasonable objections to our services, please do not hesitate to contact us, by using contact form, which you can find here: https://gamefound.com/contact .
In abovementioned message describe us your problem or objections. Please, do it as precisely as possible, it will allow us to react quickly and effectively.
We will respond to your message, via e-mail, immediately – no longer than 3 workdays from the day we receive it. In our response we will describe you the cause of the problem and suggest you the best possible solution to remove it or we will inform you, that we are working on elimination of the problem and indicate the estimated time of the elimination process or confirm that we have eliminated the problem already.
If your case has not been satisfactorily resolved or the problem will occur again, you have the right to ask for revision of our first stance. To do that please use the abovementioned contact form.
10. INTELLECTUAL PROPERTY
Services and products provided on the Website are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. The Backer agrees to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website. The Backer also agrees not to change, translate, or otherwise create derivative works.
11. TECHNICAL REQUIREMENTS
Realms Distribution ensures correct operation of the Website for the Backers accessing the system via the following browsers: Internet Explorer version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari version 4.0 or later with the latest versions of JAVA and FLASH installed, and 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.
12. FINAL PROVISIONS
The registered 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 in particular but not limited to the current functionalities of the Website and / or 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 at the Website (https://gamefound.com/info/terms-of-service).
To any matters not settled herein, the relevant legal provisions are applicable.
Any disputes between Realms Distribution and the 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.