Gamefound Terms of Service
We are pleased that You decided to visit our Website and to use our services. It is very important for us that you read and understand the rules of our cooperation. We believe that transparency and clarity are the good basis of building a solid, long term relation. That is why below we summarized The Main Rules of our Terms of Service based on which we hope we will work together.
- By using gamefound.com, you agree to our Terms of Service and to conclude the agreement with us to provide You the services available via the Website. You will be informed about any amendments to the Terms of Service and their scope by e-mail or by a message visible on the Creator’s account with a 14 days notice and if you don’t agree to be bound by the amendments you can terminate the agreement within that period.
- Gamefound is not responsible or liable for the Projects on the Website, except for the Gamefound’s Projects (the rules of responsibility of Gamefound are available on the subpage of specific Project). In particular we are not responsible or liable for the Projects to be commenced, performed or finalized. The only entity fully responsible for the particular Project is the Creator of that Project. The Creator is exclusively liable for psychical defects in the Rewards.
- It is possible that the Project will change, cannot be finished on time or is impossible to be finished, which we are not responsible of, except for the Gamefound’s Projects (the rules of responsibility of Gamefound are available on the subpage of specific Project).
- You are responsible for all your actions on our Website, especially for sending us an unlawful content within the meaning of the laws of Republic of Poland.
- Prices indicated on the Website constitute a commercial information, not an offer in the meaning of the Polish Civil Code.
- In order to use our services You must create your personal account through our Website. The agreement between us is considered concluded as soon as You accept our Terms of Service. After accepting the Terms of Service you will receive a proper confirmation, that Your personal account has been successfully set up.
- Shipping / delivery conditions depends on arrangements made by You with the Creator.
- Due to the generally applicable Polish law provisions, if you are a consumer, you have the right to withdraw from the agreement concluded remotely within 14 days from the time of the date of its conclusion – unless You brought a Pledge to at least one Project within your business activity.
- The intellectual property is a core of every Creator’s activity. Please respect intellectual property rights of all Creators.
- If anything on the Website doesn’t work or You have any objection regarding our services, You can always send us a message describing the problem. We would do our best to resolve it as soon as possible
- Using our Website may require accessing the system via specific browsers.
- All legal matters arising under the agreement, if not settled by way of mediation or out-of-court dispute settlement, will be heard by the competent Polish court.
- We inform that we do not use alternative methods of settling disputes with consumers, unless it’s expressly required by applicable law. It means that we do not agree to participate and we are not obliged to participate in this kind of proceeding. Also we inform you that the European Commission operates a platform for out-of-court complaint and redress. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
- Gamefound is not bound by any external code of good practice.
The above is a summary of the document. Read it in full below:
Gamefound 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 Gamefound 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 0000778227, holder of Business entity statistical number (REGON): 382893080, Polish taxpayer’s identification number (NIP): 8971865043, holder of share capital in the amount of 5,000,00 PLN; („Gamefound”).
- Description of the Website
- General provisions / The scope of services
- Shipping conditions
- Deleting the account
- Withdrawal from the Agreement (only consumers)
- Assignment of the contractual rights and obligations
- Reward’s Warranty
- 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 Gamefound 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 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 kickstarter.com.
4. GENERAL PROVISIONS / THE SCOPE OF SERVICES
Gamefound 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 Gamefound 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, Gamefound 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. Gamefound 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.
Gamefound 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 Gamefound’s Projects (the rules of responsibility of Gamefound, performance of the Project and delivery of the Reward are available on the subpage of every Gamefound’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.
Gamefound 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 Gamefound’s Projects and Rewards (the rules of guarantee provided by Gamefound are available on the subpage of every Gamefound’s Project).
The Creator and the Backer jointly agree that Gamefound 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
Gamefound 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 Gamefound’s Rewards (the rules of shipping and delivery of Gamefound’s Rewards are available on the subpage of every Gamefound’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.
Gamefound 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. Gamefound 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 Gamefound.
Deleting an account by Gamefound 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, Gamefound may retain certain information as required by the law or as necessary for its legitimate business purposes.
7. WITHDRAWAL FROM THE AGREEMENT (CONSUMERS ONLY)
The Backer who is a consumer (and is not concluding and performing the Agreement within hers or his business activities) 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 period for the Agreement concluded remotely is 14 days from the date of its conclusion, while to comply with this term it is enough to send a relevant statement before its end. It can be completed e.g. by using a standard withdrawal form (it’s not obligatory), Appendix no. 1 to this Terms of service, available here – you can e.g. send it to us via e-mail.
We are not responsible and / or liable for reimbursement of any payments received by the Creators 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. ASSIGNMENT OF THE CONTRACTUAL RIGHTS AND OBLIGATIONS
In case of assignment of the rights to the Website by Gamefound to another entity, Backers who aren’t consumers, hereby agree to the subrogation of the Gamefound’s contractual rights and obligations by the successor. The Backers who are consumers will be informed via e-mail about the intention of assignment of the contractual rights and obligations. Lack of Backer’s objection within 14 days is tantamount to the consent.
The Backers, who are consumers, have a right to assign the contractual rights and obligations to another entity. In that case the Backer is obliged to inform Gamefound about the intention of assignment of the contractual rights and obligations via e-mail. Lack of Gamefound’s objection within 14 days is tantamount to the consent. The Gamefound’s objection, made in the prescribed period, is tantamount to termination of the Agreement.
9. REWARD’S WARRANTY
Terms and conditions regarding the liability for any defects in the Reward are set out by all the Creators independently.
10. 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.
11. 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.
12. TECHNICAL REQUIREMENTS
Gamefound ensures correct operation of the Website for the Backers accessing the system via the following Operating Systems / Browsers:
- Windows / Chrome 24 or above
- Android / Chrome 69 or above
- iOS / Safari 10 or above
- Windows / Firefox 29 or above
- Windows / Edge 12 or above
- Macintosh / Chrome 24 or above
- Android / Samsung Internet 4 or above
- Windows / Opera 15 or above
- Macintosh / Safari 10 or above
- Windows / Internet Explorer 11 or above
The use of third party software which influences the functioning and functionality of the browsers (browser extensions) may have an impact on the correct functioning of the Website, therefore for the purpose of achieving full functionality, it should be turned off.
13. FINAL PROVISIONS
Gamefound is entitled to unilaterally amend the Terms of Service in the event of following important reasons: (i) organizational, business or legal changes with regards to Gamefound, (ii) changes of the law, (iii) changes in the Website's functionalities, provided that those amendments are intended to adapt the content of the Terms of Service to its functionalities.
If Gamefound makes changes to these Terms of Service, we will post the updated Terms of Service on the Websiite and will provide you with the notice of the modifications by e-mail or by message visible on the Backer’s account on the Website at least fourteen (14) days before the date they become effective. Backer will be bound by the provisions of the new Terms of Service, unless they terminate the Agreement within 14 days from the date of notification of a change in the Terms of Service. To do that just notify us that you do not want to use our Website on the basis of updated conditions. But please, remember that after such message you may lose the possibility to use the Website and we will be entitled to delete your account on that date.
Any amendment to the Terms of Service to the extent that it relates to the former Backer’s actions and decisions regarding the Pledge made on Website before the amendment to the Terms of Service does not affect the legal conditions (Terms of Service) applicable at the time of those actions and decisions.
The current version of the Terms of Service is always available at the Website (https://gamefound.com/terms).
To any matters not settled herein, the relevant legal provisions are applicable.
Gamefound is not bound by any external code of good practice.
The Agreement shall be governed by the Polish law. In matters not regulated hereunder, the provisions of the Civil Code, Act on copyright and related rights, and other generally applicable laws shall in particular apply.
Any disputes between Gamefound and the Backer, shall be settled by way of mediation or out-of-court dispute settlement. If the Parties are unable to reach an agreement, any disputes which may arise from the application of this Agreement shall be submitted by the Parties for resolution to a competent Polish courts.
We inform that we do not use alternative methods of settling disputes with consumers, unless it’s expressly required by applicable law. It means that we do not agree to participate and we are not obliged to participate in this kind of proceeding. Also we inform you that the European Commission operates a platform for out-of-court complaint and redress. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
This Terms of Service includes following Appendices, which are an integral part of the Terms of Service.