Terms of Service for Backers
We are pleased that You decided to become the Backer and to use our Services on the Website. 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 relationship. That is why below we summarized the main rules form our Terms of Service for Backers (“TOSB”) based on which we will work together.
- By using gamefound.com as a Backer, the User has to have an active personal account and agree to the Gamefound Terms of Service & TOSB. Accepting the TOSB means concluding the Agreement between the Gamefound & the User which enables the User to use the Service - functionalities intended for the Backer on the Website.
- The TOSB are an integral part of the Terms of Service and apply to Services related to Backer. All capitalized words & definitions have the meaning given to them in the Gamefound Terms of Service, unless expressly stated otherwise in the TOSB. The Gamefound Terms of Service shall apply in these TOSB accordingly. In case of discrepancies between the Gamefound Terms of Service and the TOSB, the TOSB shall prevail.
- In order to use Gamefound Services and become the Backer, you may be asked to provide additional information.
- The Website was created exclusively 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 Backer to choose Projects and make Pledge during the crowdfunding or pledge management Project.
- Shipping or delivery conditions depend on arrangements made by you with the Creator.
- Creator takes responsibility for all its Projects run on the platform. With all claims, such as Project performance, deadlines or defects in the Rewards, you should approach the Creator directly. Gamefound will accommodate communication infrastructure between Backers and Creators. However, if you encounter any issues with contacting the Creator or are not happy with the solution that the Creator proposed, you may ask for Gamefound assistance.
- Gamefound Service for Backers are free of charge.
- If the Backer deletes its account or the Pledge before the crowdfunding Project end date, Gamefound immediately cancels the reservation of the charges on its card. Deleting your account after submitting a Pledge before the Reward delivery date may make it more difficult for the Creator to fulfill the Rewards, so Gamefound reserves the right to store the data of the Backer and to communicate this data to the Creator in order to enable Creator to send the Reward to you.
- Backers are fully liable for all the content that they publish on the Website.
The above is a summary of the document. Read it in full below:
Terms of Service for Backers
- The scope of the Services
- Deleting the account
- Final provisions
1. THE SCOPE OF SERVICES
1.1 General provisions
By using gamefound.com as a Backer, the User has to have an active personal account and agree to the Gamefound Terms of Service & TOSB. Accepting the TOSB means concluding the Agreement between the Gamefound & the User which enables the User to use the Service - functionalities intended for the Backer on the Website.
Gamefound provides Services to the Backer in the scope and on the conditions set out in the TOSB. This Services include providing for:
- to choose the Project and the Reward (if applies);
- to receive the delivery information regarding the Project;
- to compose the information about the content of the Project, e.g. separate products, language options and variations, provided by the Creator within its Project;
- to select the payment method, among those provided by Gamefound;
- to place an order;
- to select the delivery type of the Reward;
- to select the place of delivery of the Reward;
- to download the order invoices – if the Creator provides Backers with such option;
- to assist Backer in resolution of potential disputes with the Creator;
- to accommodate infrastructure for communication and refund process.
To use Gamefound Services, the Backer needs to be logged in and take some or all of the above actions, while some of them may be repeated numerous times.
Terms and conditions regarding the Projects are set out by the Creators only and shall be available for the Backers at all times until the end of the Project and delivery of the Reward. The Backers who back the Project, whether it is done as part of the crowdfunding or the Pledge Project, are accepting the Creator’s terms and conditions concerning the Project, and conclude an agreement with the Creator. Gamefound is not a party of such agreement (the agreement is concluded between the Creator and the Backer).
The Backer can modify the Pledge until the crowdfunding Project is completed. Once the crowdfunding Project is completed, the Backer may not make changes to the Pledge through the Website. Any changes, modifications or cancellations to the Pledge or the Rewards are subject to the Project refund & cancelation policy created by the Creator and may require its consent.
At any time, Gamefound is entitled to ask the Backer for additional information or documents regarding the Backer, in particular in the case of doubts to its legality or breach of the Agreement.
1.2 Collection of the Funds from the Backers
To make a payment during the crowdfunding or pledge management Project the Backer is obliged depending on the Project to undergo the Gamefound payment partner’s procedure or Creator payment partner’s procedure, during which it may be required to provide various types of data to verify its identity.
In the case of crowdfunding Projects and certain pledge management Projects the payment procedure is based on the rules specified individually by the Gamefound payment partner made available to the Backer here and may require verification of ability to pay. If the verification fails, Gamefound will refuse to accept the payment from the Backer.
In the case of pledge management Projects where the Creator and its payment partner are responsible for collection of the funds from Backers, the rules established by the Creator and its payment partner apply. In this case Gamefound is not responsible for such payments.
Some Pledges cannot be collected (whole or in part) for objective reasons, for example when the Backer’s credit card expires before the Projects ends, and it does not provide updated information.
The Creator can refund the individual Pledges, after the end of the crowdfunding Project on the Website or after receiving the payment or during the Pledge management Project. If the Creator does that, it has no further obligation to the Backer, and the agreement that Creator and the Backer concluded expires.
1.2.1 Collection of the Funds on the crowdfunding Project
Gamefound and its payment partner makes available to the Creator the tools to collect the funds from the Backers to support the specific Project during the crowdfunding Projects.
The Backer provides its payment details (card number, cardholder name, expiration date, security code) and defines the amount they want to Pledge for a particular Project, but they are not charged until the end date of the crowdfunding Project, which is displayed on the Website. Gamefound may pre-authorize the Backer’s card for a period of crowdfunding. The Backer is charged only if the Creator achieves the financial goal.
The Backer can change or cancel the declaration of the Pledge on the Project at any time before the end date of the crowdfunding Project which is displayed on the Website.
1.2.2 Collection of the Funds on the pledge management Project
The Creator can collect the funds from the Backers on the Pledge management Project by itself, with the support of its payment partner. If the Backer is redirected to the website of the Creator or its payment partner, the terms of service of the Creator or its payment partner shall apply.
If the Creator decides not to collect the funds from the Backers on the Pledge management Project itself or with the support of its payment partner, Creator may use the tools and services of Gamefound payment partner. In this case the Backer provides its payment details (card number, cardholder name, expiration date, security code or other information required by the payment partner) and defines the amount it wants to Pledge for a particular Project and it is charged immediately. The exact amount the Backer has declared is the amount Gamefound will charge from the Backer.
1.2.3 Returns and Refunds
The Backer is aware that Gamefound is not a shop. By Pledge the Backer is supporting the Project for which it may receive a Reward if the Project is successful. The Backer is aware of the risk that even if the Project is successful, it does not mean that the Backer will get the promised Reward. Delivering the promised Reward is solely the responsibility of the Creator. Before supporting a Project or placing an order, the Backer should check the Creators' refund and cancellation policy to find out about the risks involved when deciding to support the Project.
2. SHIPPING CONDITIONS
Responsibility for all matters related to shipping or delivery, as well as the final delivery of the Reward stays with the Creator. However, at your request, Gamefound may support the Backer in contact with the Creator to ensure it takes your interests seriously.
Using gamefound.com as a Backer is free, however the Backer acknowledges that it may be charged fees by other entities like e.g. the bank processing the payment of the Backer or the payment operator, e.g. for the currency conversion.
The Backer is fully and only responsible for paying any additional fees or taxes associated with its use of Gamefound Services.
4. DELETING THE ACCOUNT
The Backer is entitled to delete its account any time through the account settings. Erasure of the account is tantamount to termination of the Agreement. In this case all of the Gamefound’s rights survive such termination as well as all the Agreement provisions remaining in force due to Terms of Service, TOSB and / or generally applicable Polish law provisions.
In case of deleting the account before the crowdfunding Project end date, Gamefound immediately cancels the reservation of the charge on the Backer’s card.
Deleting the account after the end date of a crowdfunding Project or after a Pledge does not imply termination of the agreement between Creator and Backer. The conditions for the termination of the agreement between Creator and Backer should be set out by Creator in the cancellation and reward policy. Notwithstanding the above, Gamefound may retain certain information about the Backer, in particular to enable shipping or settlement of the Pledge.
Creator is fully liable for all the content that it posts on the Website related to the Project. Gamefound is legally not liable for such content, however, Gamefound will promptly react to any attempts of posting illegal content, fraud, misleading or posting any other content that may harm third-party interests that it becomes aware of.
The Backer acknowledges that 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.
Terms and conditions regarding the liability and warranty for any defects in the Reward and/or implementation of the Project are set out by all the Creators independently. In the event the Project is successfully funded by the Backers, the Creator must implement the Project and fulfill each Reward by its estimated delivery date. The Creator is solely responsible for fulfilling the obligations made in its Project. If the Creator is unable to satisfy the terms and conditions of the agreement with the Backer, the Creator may be subject to legal action by the Backers. Each Creator publishes and is bound by its own refund and cancellation policy.
The Creator is also solely responsible for delivering the Rewards and in a shape consistent with its presentation during the crowdfunding Project and / or on the Pledge. All complaints should be directed to the Creator of the crowdfunding Project and / or the Pledge. It may be needed to communicate with the Gamefound platform in order to initiate the refund for each transaction, which will be issued and sent to the Gamefound payment partner. However, if the Creator does not respond to the Backer claims or the solution it proposes does not satisfy the Backer, the backer may ask Gamefound to step in to facilitate the dispute resolution process. The Backer understands that if the Project fails, the Creator may not have the resources left to return the value of the Pledge.
Gamefound may provide the Backer with operational-level support to contact the Creator, submit claims or seek updates on the Project status. Still, Gamefound cannot guarantee that the Reward will be prepared or delivered within the periods set out by the Creator in the Project’s or the Reward’s description.
6. FINAL PROVISIONS
The TOSB is an integral part of the Terms of Service and apply to Services related to Backer. All capitalized words & definitions have the meaning given to them in the Gamefound Terms of Service, unless expressly stated otherwise in the TOSB. The Gamefound Terms of Service shall apply in these TOSB directly. In case of discrepancies between the Gamefound Terms of Service and the TOSB, the TOSB shall prevail.
The current version of the Terms of Service is always available to the Creator at the Website (https://gamefound.com/terms/backers).