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Digital Content Terms of Service for Creators

1. INTRODUCTION

These Terms of Service establish the rules under which the creators (“Creators”) entrust Gamefound the services of providing gamefound.com users (“Backers”) digital serial codes (“Serials”) for Creator’s products (“Services”), that may be ordered via the website: https://gamefound.com (“Website”).

You hereby accept these Terms of Service and also the terms of service, available on the website: https://gamefound.com/terms/creatorsdigitalcontent (“TOS”) – to the highest extent possible in which the provision of the TOS may apply and undertake to comply with them.

In the event of a conflict between the provisions of the Terms of Service and the TOS, the provisions of the Terms of Service shall prevail. In matters not regulated in the Terms of Service, the provisions of the TOS shall apply – in particular in the scope of: the complaint procedure, technical requirements, intellectual property, making changes to the Terms of Service and assignment of the contractual rights and obligations.

Terms written with a capital letter but not defined in the Terms of Service have the meaning given to them in the TOS.

All personal data processed in connection with providing the Services are processed by Gamefound, based on the rules set out in the Privacy Policy, which is available on the website:

Contents:
1. Introduction
2. General provisions / The scope of services
3. Liability
4. Exclusion of the right to withdraw from the agreement (only consumers)
5. Final provisions

2. GENERAL PROVISIONS / THE SCOPE OF SERVICES

Gamefound provides services to the Creators on the conditions set out in the Terms of Service and the
TOS, in particular in the scope of:

  • allowing the Creator to activate the services of providing the Serials to the Backers, in the Creator’s panel on the Website;
  • allowing the Creator to add the Serials under a new type of the product (digital code) in the Creator’s panel on the Website, which enables the Creator to upload digital serial codes in the form of XLS/CSV files and to offer them to the Backers;
  • providing the Serials to the gamefound.com users’ e-mail addresses provided by the Creator.

The Creators are entitled to use the Services in a manner consistent with applicable laws of Republic of Poland, rules of social coexistence and morality. The Creator undertakes not to provide unlawful content and such that may adversely affect the security of the Website or harm other users.

The Creator is entitled and obliged in the same time, to set out specific terms and conditions regarding obtaining the Serials by the Backers. The abovementioned terms and conditions shall not conflict with this Terms of Service and TOS or else shall be deemed as null and void. In case of any discrepancies between the abovementioned terms and conditions and Terms of Service and TOS, the provisions of Terms of Service and TOS shall prevail.

In order to start to use the Services, the Creator is obliged to have an account on the Website. To use
Services, the Creator needs to be logged in, accept the Terms of Service and take at least the following
actions:
  • Create new ‘digital code’ type product
  • Upload digital serial codes in the form of XLS/CSV (under ‘Digital stock’ section of newly created product)
  • Publish newly create product by seeting (by enabling ‘Is published’ flad under ‘General’ section of newly created product)

The Creator is entitled to turn off (deactivate) the functionality of providing the Serials under a new type of the product (“digital code”) in the Creator’s panel on the Website, at any time, by closing the project for orders and disallow of adding products to already placed orders (by setting ‘Project is open for orders’ and ‘Allow adding order items’ to ‘For Nobody’ uder ‘Orders’ section of ‘Project settings’). Deactivation of the abovementioned functionality is tantamount to termination of the Services agreement concluded between the Creator and Gamefound. In this case all of the agreement provisions remaining in force due to these Terms of Service, TOS and / or generally applicable Polish law provisions survive such termination.

Gamefound reserves itself the right to block the functionality of adding the Serials in the Creator’s account, with immediate effect, in the event of any violation of the Terms of Service, the TOS, and/or any other legal provisions, and/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 obliged to inform the Creator about the abovementioned blocking of the functionality of adding the Serials in the Creator’s account, by sending an appropriate e-mail, which will contain description of the specific reasons of blocking the account and the specific contact details, at which the Creator can contact Gamefound to unblock the abovementioned functionality.

3. LIABILITY

Gamefound shall not be held liable for non-performance or inadequate performance of its contractual duties, if it was caused by circumstances for which Gamefound is not responsible, in particular if the non-performance or inadequate performance arise due to the:
  • force majeure;
  • any technical reasons not attributable to the Gamfound;
  • reasons attributable to the Creator or the Backer.

Gamefound shall not be held liable for the lack of the delivery of the Serial to the Backer, whenever it was sent to the e-mail address indicated by the Creator. The Parties confirm that Gamefound is not obliged to verify Backer’s e-mail address, provided by the Creator, and that the Creator is obliged to ensure that the correct e-mail address is obtained from the Backer and used on the Website.

Gamefound shall not be held liable also whenever the Serial, which was delivered to the Backer, is not usable or not working correctly. Gamefound is not obliged to verify, if the Serial is usable and/or working correctly before sending it to the Backer and that the Creator is solely responsible for providing the Backers usable and correctly working Serial.

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, except for the Gamefound’s Serials. Terms and conditions regarding the liability and warranty for any defects in the Serials are set out by all the Creators independently.

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 functionality of adding the Serials. Gamefound undertakes to inform the Creator in advance – if possible – of any disturbances in its functioning, in particular about maintenance breaks.

Gamefound is not liable for the content in any form, posted by the Creators on the Website.

4. EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE CONTRACT (ONLY CONSUMERS)

We inform that the Creator who is a consumer (and is not concluding and performing the agreement within hers or his business activities) by giving the explicit consent to the supply of digital content, which is not supplied on a tangible medium, before the withdrawal period has expired, loses the right to withdraw from the agreement.

5. 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 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, it will post the updated Terms of Service on the Websiite and will provide the Creator 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 the Creator should notify Gamefound that the Creator do not want to use Services on the basis of updated conditions.

Any amendment to the Terms of Service to the extent that it relates to the Services started before the amendment does not affect the legal conditions (Terms of Service) on which that Services is being performed.

Any disputes between Gamefound and the Creator, related with provision of Services, 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 related with provision Services will be heard by the court with jurisdiction over the Gamefound’s seat, unless the Services is provided out of your business activity – in that case all matters related with provision Services will be heard by the court with jurisdiction over the Gamefound’s seat or your place of residence – the choice is yours.

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:

The current version of these Terms of Service is always available to the Creator at the Website