Crowdfunding Terms of Service for Creators
We are pleased that you decided to visit our Website and 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 for building a solid, long-term relationship. That is why below we summarized The Main Rules from 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 with the services available via the Website. You will be informed about any amendments to the Terms of Service and their scope via an e-mail or 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 any of the Projects on the Website. In particular, we are not responsible or liable for any or all of the Projects to be commenced, performed, or finalized. You are fully responsible for the particular Project as its Creator. You are exclusively liable for physical defects in the Rewards.
- You are responsible for all your actions on our Website, especially for providing any unlawful content within the meaning of the laws of the Republic of Poland.
- Prices indicated on the Website constitute commercial information, not an offer in the meaning of the Civil Code.
- In order to use our Services, you must have an active personal account or complete the registration process and create your personal account through our Website. The agreement between us is considered concluded as soon as you accept these Terms of Service. After accepting the Terms of Service you will receive a proper confirmation that your personal account has been successfully created.
- You are entitled and obliged at the same time, to set out specific terms and conditions regarding the Project. Our interference in your Project is limited to technical issues only.
- 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 the Project is implemented within your business activity.
- 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.
- Intellectual property is a core of every Creator’s activity but is also essential for services provided by us. Please respect our and Creators’ intellectual property rights.
- Shipping/delivery conditions depend on arrangements made by you with the Backer.
- 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 you 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 complaints 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:
Crowdfunding Terms of Service for Creators
1. INTRODUCTION
These Terms of Service define the scope and conditions you need to accept to use our Website available at the address: gamefound.com – 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 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”).
Contents:
- Introduction
- Definitions
- Description of the Website
- General provisions / the scope of the services
- Deleting the account
- Withdrawal from the Agreement (only consumers)
- Assignment of the contractual rights and obligations
- Liability
- Complaint procedure
- Intellectual property
- Technical requirements
- Final provisions
- Appendixes
2. DEFINITIONS
- 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 Backers in exchange for 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 Gamefound and the Creator to provide services via the Website based on the Terms of Service and the other arrangements made between the Parties – if applies;
- Website - 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 forms (if applicable).
3. DESCRIPTION OF THE WEBSITE
The Website was created exclusively to perform the function of pledge manager and crowdfunding platform for the Projects available on the Website. It is a tool that makes it available for the Creator to manage logistics after a crowdfunding campaign organized by the Creator through crowdfunding websites like for example www.kickstarter.com, e.g. shipping of the Rewards.
4. GENERAL PROVISIONS / THE SCOPE OF SERVICES
Gamefound provides services to the Creators in the scope and on the conditions set out in the Terms of Service, in particular in the scope of:
- providing the technical tools allowing the Creator to compose the information about the Project and its Rewards visible to backers;
- providing the technical tools allowing the Creator to define rules for calculating delivery costs and delivery methods of orders placed by the Backers in the Project;
- providing the technical tools allowing the Creator to define payment methods visible to Backers when placing an order in the Project; 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;
- providing the technical tools for the Creator to gather information about orders placed in the Project by the Backers;
The Creators are entitled to use the services in a manner consistent with applicable laws of the Republic of Poland, rules of social coexistence, and morality. The Creator undertakes not to provide unlawful content, including unlawful Rewards and content that may adversely affect the security of the Website or harm the Backers or other Creators.
Terms and conditions regarding the Projects are set out by their Creators and shall be available for the Backers.
Prices indicated on the Website constitute commercial information, not an offer in the meaning of the Polish Civil Code.
By using the Website, the Creator undertakes in particular to:
- refrain from any actions that may impede or disrupt the functioning of the Website, actions consisting in particular in destroying, changing, removing, damaging, obstructing access to accounts of other Creators or the Backers;
- comply with copyrights and rights arising from the registration of inventions, patents, trademarks, utility and industrial designs of Gamefound, other Creators, Backers, and other entities, unless the Creator has the permission from the rightful owner or is otherwise legally entitled to use this content (and is able to effectively grant Gamefound the license rights);
- refrain from any actions that would violate the privacy of any other Website user, primarily consisting in collecting, processing, and disseminating information about other users, without their express consent, except when these activities are in accordance with the law and the provisions of these Terms of Service;
- refrain from distributing unsolicited or unauthorized advertising or commercial information;
- refrain from posting false, misleading, or inaccurate information, offering Rewards that are illegal, violating any of Gamefound’s policies or any applicable law, statute, ordinance, or regulation.
In connection with mutual obligations of the Backer and the Creator, resulting from these Terms of Service, it is not allowed to conduct public collections within the meaning of the Polish Act of 14 March 2014 on public collections. Organizing public collections by the Creator within the meaning of the abovementioned Act under the Website is inconsistent with the Terms of Service and is not allowed.
The Creator is entitled and obliged at the same time, to set out specific terms and conditions regarding the Project and to make them available for the Backer before bringing the Pledge. The abovementioned terms and conditions shall not conflict with this Terms of Service or else shall be deemed as null and void. In case of any discrepancies between the abovementioned terms and conditions and Terms of Service, the provisions of Terms of Service shall prevail.
In order to start the Project, the Creator is obliged to complete the registration process by providing Gamefound with current and accurate information (in the form provided by Gamefound). The Creator may also be required to choose a password and a user name. During the registration process, the Creator agrees to all the conditions of the Website set out in the Terms of Service and undertakes to comply with them. The binding character – for the purpose of concluding the Agreement – is gained only upon the Creator’s acceptance of the Terms of Service.
The Creator is responsible for maintaining the confidentiality of the account and password to the account, for restricting access to the account, and agrees to accept responsibility for all activities that occur under the account or password.
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.
After activating the account, the Creator may submit the Project, by choosing the option “add a project”. In order to start the Project, the Creator is obliged to provide at least the following information:
- description of the Project;
- type and costs of delivery;
- currencies and payment type;
- Products available within Rewards;
Gamefound shall inform the Creator, via the e-mail address provided during setting up the personal account about accepting or refusing the acceptance of the Project. The Project starts with the moment of the receipt of the abovementioned acceptance or later – if the Creator has set a different start date.
5. DELETING THE ACCOUNT
The Creator is entitled to delete the Creator’s 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 Gamefound’s rights regarding any content submitted to the Website by the Creator survive such termination as well as all the Agreement provisions remaining in force due to these Terms of Service and/or generally applicable Polish law provisions.
Gamefound reserves the right to block or delete the Creator’s account, with immediate effect, in the event of any violation of the Terms of Service or any other legal provisions or to block the Creator’s 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 Creator about the abovementioned block or deletion of the Creator’s account, by sending an e-mail, which will contain a description of the specific reasons for blocking or deleting the Creator’s account and contact details to Gamefound.
Deleting an account by Gamefound is tantamount to the termination of the Agreement. The Creator shall be informed about the termination of the Agreement via e-mail sent to the address provided by the Creator in the registration form. Notwithstanding the above, Gamefound may retain certain information as required by law or as necessary for its legitimate business purposes.
6. WITHDRAWAL FROM THE AGREEMENT (ONLY CONSUMERS)
The Creator who is a consumer (and is not concluding and performing the Agreement within the Creator’s 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 Project is implemented within the Creator’s 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 Backers, 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.
7. ASSIGNMENT OF THE CONTRACTUAL RIGHTS AND OBLIGATIONS
In case of assignment of the rights to the Website by Gamefound to another entity, Creators who aren’t consumers, hereby agree to the subrogation of the Gamefound’s contractual rights and obligations by the successor. The Creators who are consumers will be informed via e-mail about the intention of assignment of the contractual rights and obligations. Lack of Creator’s objection within 14 days is tantamount to consent.
The Creators, who are consumers, have a right to assign the contractual rights and obligations to another entity. In that case, the Creator 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 consent. Gamefound’s objection, made in the prescribed period, is tantamount to termination of the Agreement.
8. LIABILITY
Gamefound is not liable for any disruptions in the proper functioning of the Website, as well as loss of Creator's data caused by force majeure, third parties, and by Gamefound's efforts to improve the Website's functionality. Gamefound undertakes to inform the Creator in advance – if possible – of any disturbances in its functioning, in particular about maintenance breaks.
Terms and conditions regarding the liability and warranty for any defects in the Reward are set out by all the Creators independently.
Gamefound is not liable for the content in any form posted by the Creators on the Website. Gamefound does not supervise the implementation and timeliness of the Project and the delivery of the Rewards and does not bear any responsibility for this. Gamefound reserves the right to suspend, interrupt or cancel the Project if its implementation would violate the provisions of this Terms of Service or any other legal provisions.
Gamefound is not a party of the agreement between the Creator and the Backer and is not liable for any acts and/or omissions, and any other violations of this agreement. Notwithstanding the above, Gamefound is not responsible for the proper settlement and discharge of tax liabilities by the Creator.
9. COMPLAINT PROCEDURE
We try really hard to provide you with the best services we can, but we cannot give you a 100% guarantee that everything will work well all day every day, especially since 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 the contact form which you can find here: https://gamefound.com/contact.
In the above-mentioned message describe to 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 to 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 a revision of our first stance. To do that please use the above-mentioned contact form.
10. INTELLECTUAL PROPERTY
All content submitted by the Creator, especially the Rewards and the Projects, are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. The Creator agrees to respect all third party’s copyrights and other legal notices, information, and restrictions contained in any content accessed through the Website.
By using services provided by Gamefound, the Creator grants Gamefound the worldwide, non-exclusive, perpetual, irrevocable, sublicensable, transferable right to unfettered and unlimited use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights in the widest possible scope allowing to properly and effectively perform our Services, in particular in the followings fields of exploitation:
- reproducing the Project and the Reward to the extent that it is necessary for display, use, and ordinary use of the Website on all devices, including personal computers, mobile phones, tablets, etc.;
- disseminating the Project, the Reward and its elements by using the Website;
- disseminating Project’s and Reward’s derivative works and/or derivative works of each of its elements by using the Website.
Moreover, Gamefound is entitled to use information about the Project, the Reward, and about the Creator for the commercial purposes, without any limitations, in the full scope of Creator's business activities and even after the termination of providing the Services, for the next 5 years. Especially, Gamefound is entitled to publish the above-mentioned information on the Website for advertising purposes.
11. TECHNICAL REQUIREMENTS
Gamefound ensures correct operation of the Website for the Creators accessing the system via the following Operating Systems / Browsers:
- Windows / Chrome 24 or above,
- Windows / Firefox 29 or above,
- Windows / Edge 12 or above,
- Windows / Opera 15 or above,
- Macintosh / Safari 10 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.
12. FINAL PROVISIONS
Gamefound is entitled to unilaterally amend the Terms of Service in the event of the following important reasons: (i) organizational, business, or legal changes with regards to Gamefound, (ii) changes in state 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 Website and will provide you with the notice of the modifications by e-mail or by message visible on the Creator’s account on the Website at least fourteen (14) days before the date they become effective. Creators 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 a 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 Projects submitted/started before the amendment does not affect the legal conditions (Terms of Service) on which that Project is being performed.
The current version of the Terms of Service is always available to the Creator at the Website (https://gamefound.com/terms/creators).
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 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 Creator 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 a resolution to competent Polish courts.
We inform you 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 complaints 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 the following Appendices, which are an integral part of the Terms of Service.
13. APPENDIXES