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Gamefound Crowdfunding 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.

  1. By using gamefound.com, you agree to our Terms of Service. You will be informed about any amendments to the Terms of Service and their scope by an e-mail or by a message visible on the Backer’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.
  2. Creator takes responsibility for 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 Creator or are not happy with the solution that the Creator proposed, you may ask for Gamefound assistance. 
  3. 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.
  4. Prices indicated on the Website constitute a commercial information, not an offer in the meaning of the Polish Civil Code.
  5. 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 on your e-mail account indicated by you during registration process, that your personal account has been successfully set up.
  6. 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.
  7. The intellectual property is a core of every Creator’s activity but is also essential for services provided by us. Please respect intellectual property rights.
  8. Shipping / delivery conditions depends on arrangements made by you with the Creator.
  9. Using our Website may require accessing the system via specific browsers.
  10. 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.
  11. 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 Crowdfunding Terms of Service
1. INTRODUCTION

These Terms of Service define the rules 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 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 50.000,00 PLN; („Gamefound”).

Contents:
  1. Introduction
  2. Definitions
  3. General provisions / The scope of services
  4. Collection of the funds from the Backers
  5. Fees
  6. Shipping conditions
  7. Deleting the account
  8. Assignment of the contractual rights and obligations
  9. Liability
  10. Complaint procedure
  11. Intellectual property
  12. Technical requirements
  13. Final provisions

2. DEFINITIONS
  • Backer means any User that sets up an account on the Website and/or other crowdfunding website (e.g. Kickstarter) 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 a specific Project;
  • Reward means any product that is suggested by the Creator to its Backers in exchange for their Pledge to the Project;
  • Project means any project led by the Creator and made available online at https://gamefound.com;
  • Agreement means a contract between the Backer and Gamefound to provide services via the Website based on the Terms of Service and the other arrangements made between the Parties;
  • Website – website available at https://gamefound.com.

All of the above definitions can be used in the singular and plural form (if applies).

All of the Definitions shall have the same meaning as defined above within these Terms of Service.

3. GENERAL PROVISIONS / THE SCOPE OF SERVICES

Gamefound provides services on the conditions set out in the Terms of Service, in particular in the scope of providing the technical tools allowing:

  • the Backer to choose Projects and make payments during the crowdfunding or pledge management campaign;
  • the Backer to compose the information about the desired content of the post-crowdfunding Project, e.g. separate products, language options and variations, provided by the Creator within his Project;
  • the Backer to receive the delivery information regarding the Project;
  • to choose the form of payment, among those provided by Gamefound; 
  • downloading the order invoices – if the Creator provides Backers such option;
  • assist Backer in resolution of potential disputes with the Creator;
  • accommodate infrastructure for communication and refund process.

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 undertakes not to provide unlawful content and such that may adversely affect the security of the Website or harm other users, in particular discriminatory, inciting to violence, or promoting illegal activities or goods.
 
Terms and conditions regarding the Projects are set out by the Creators and shall be available for the Backers. Anyone who backs the Project, whether it is done as part of the crowdfunding or the Pledge management campaign, is accepting the Creator’s terms and conditions concerning the Project, and concludes a contract with the Creator. Gamefound is not a party of such agreement  (the agreement is concluded between the Creator and the Backer).

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: name and surname or legal entity name, e-mail address). The Backer may also be required to choose a password and a username. 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.

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 (if applies); 
  • selecting the delivery type; 
  • selecting the payment method; 
  • accept payments partner's T&C;
  • placing an order.

At any time, Gamefound or its payment partner 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 the Agreement. 

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 also temporarily unavailable. Gamefound will use its best efforts to inform about the possible non-operating periods.

4. COLLECTION OF THE FUNDS FROM THE BACKERS 

To make a payment during the crowdfunding or pledge management campaign the Backer is obliged to undergo the Gamefound payment partner’s payment procedure, during which he may be required to provide various types of data to verify his identity. The payment procedure is based on the rules specified individually by the Gamefound payment partner made available to the Backer. If the verification fails, Gamefound will refuse to accept the payment from the Backer. 

a) Collection of the funds from the Backers during the crowdfunding campaign

Gamefound, acting on behalf of the Creator, collects the funds from the Backers to support the specific Project during its crowdfunding campaign. 

During the crowdfunding campaign, the Backers provide their payment details (card number, cardholder name, expiration date, security code) and define the amount they want to pledge for a particular Project, but they are not charged until the end date of the crowdfunding campaign of the Project, which is displayed on the Website. Gamefound can reserve the amount on the Backer’s card for a period of crowdfunding campaign, i.e. from the day on which the Backer makes declaration of the Pledge until the achievement of the Creator’s financial goal. The funds are charged only if the Creator achieves the financial goal.

The Backer can change or cancel the declaration of the Pledge at any time before the end date of the crowdfunding campaign of the Project which is displayed on the Website.

Some Pledges cannot be collected (whole or in part) for objective reasons, for example when the Backer’s credit card expires before funding ends, and he does not provide updated information and/or due to our partners fee. 

b) Collection of the Pledges from the Backers during the pledge management campaign

Gamefound may also collect the Pledges on behalf of the Creator during the Pledge management campaign, if the Creator decides not to collect them by his own.

During the Pledge management campaign, the Backers provide their payment details (card number, cardholder name, expiration date, security code) and define the amount they want to pledge for a particular Project and they are charged immediately. The exact amount the Backer has declared is the amount Gamefound will charge from the Backer. 

Some of the Pledges cannot be collected (whole or in part) for objective reasons, for example when the Backer’s credit card expires, and he does not provide updated information and/or due to our partners fee. 

The Creator can refund the individual Pledges, after the end of the crowdfunding campaign on the Website and after receiving the payment of the funds or during the Pledge management campaign. If the Creator does that, he has no further obligation to that Backer, and the agreement that Creator and the Backer concluded expires. 

c) Retruns and Refunds

The Backer is aware that crowdfunding and the Pledge are not a shop, by sending money he is supporting the Project for which he should receive a Reward if the project is successful. The Backer is aware of the risk that if the Project is not successful, he will not receive his Reward. 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. The Creator is entirely responsible for delivering the Rewards and in a shape consistent with its presentation during the crowdfunding campaign and / or on the Pledge. All complaints should be directed to the Creator of the crowdfunding campaign and / or the Pledge, as he is fully responsible for his obligations to the Backer. Creators need to communicate with the Gamefound platform in order to initiate the refund for each transaction, which will be issued and sent to the payment processor by the Gamefound platform. However, if the Creator does not respond to your claims or the solution he proposed does not satisfy you, you 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.

5. FEES

The Backer acknowledges that he 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. 

By using the Website, the Backer accepts the regulations (e.g. terms of service) and pricings used by Gamefound’s payment partners. On the date of this Terms of Service come into force the only Gamefound payment partner is Adyen: https://adyen.com/.

Backers are responsible for paying any additional fees or taxes associated with their use of Gamefound.

6. 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 you in your contacts with the Creator to ensure he takes your interests seriously.

7. DELETING THE ACCOUNT

The Backer is entitled to delete his account any time through the account settings. Erasure of the account is tantamount to termination of the Agreement. In such case all of the Gamefound’s rights regarding any content submitted to the Website by the Backer survive such termination, as well as all of the Agreement’s provisions surviving such termination due to these Terms of Service and/or generally applicable Polish law provisions.

In case of deleting the account, before the crowdfunding campaign’s end date, Gamefound immediately cancels the reservation of the charge on the Backer’s card. 

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 obliged to inform the Backer about blocking or deleting the Backer’s account, by sending him an e-mail, containing 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.

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 are not consumers, hereby agree to that assignment.

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 their contractual rights and obligations related to the Website to another entity. In that case the Backer is obliged to inform Gamefound about the intention of assignment via e-mail. Lack of Gamefound’s objection within 14 days is tantamount to the consent. 

The objection (if applies), made in the prescribed period, is tantamount to termination of the Agreement.

9. LIABILITY

Gamefound is not liable for any disruptions in the proper functioning of the Website, as well as for any loss of the Backer's data caused by force majeure, third parties and/or by Gamefound's efforts to improve the Website's functionality. Gamefound undertakes to inform the Backer in advance – if possible – of any disturbances in its functioning, in particular about maintenance breaks. 

Terms and conditions regarding the liability and warranty and/or guarantee for any defects in the Reward and/or implementation of the Project are set out by the Creators independently. Gamefound may provide you an operational-level support to contact the Creator, submit claims or seek updates on the campaign status. Still, we cannot guarantee that the Reward will be prepared or delivered within the periods set out in the Project’s or the Reward’s description.

Creator is fully liable for all the content that he posts on the Website. Gamefound is legally not liable for such content, however, we will promptly react to any attempts of posting illegal content, fraud, or posting any other content that may harm third-party interests that we become aware of. 

The agreement between the Creator and the Backer regulates their bilateral relationship that Gamefound is not a party of. Consequently, Gamefound is not liable for any of their acts and/or omissions, and any other violations of this agreement and/or the agreement concluded between the Creator and the Backer, in particular regarding the performance of the Project and the delivery of the Reward. Creator acts as an organizer of the campaign. With all the matters related to the Project, Backer should reach out first to the Creator’s customer service team and, if that contact fails for whatever reason, Backer may approach Gamefound to request its assistance.

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 their 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.

The Backer is responsible for maintaining the confidentiality of the account data, in particular the password, and for restricting access to the account, and agrees to accept all responsibility for all activities that occur under the account or password. 

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. 

The Backer agrees 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.

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 may occur while using our Website or any reasonable objections to our services, please do not hesitate to contact us and describe us your problem, by using contact form, which you can find on the Website. 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 5 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 solve 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 the revision of our first stance. To do that please use the abovementioned contact form or just continue the previous e-mail correspondence.

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

The Website can be accessed via the most popular versions of the commonly used operating systems / browsers (in particular: Windows, OS, iOS / Firefox, Edge, Chrome, Safari). In case of any questions regarding the compatibility of a specific version of operating system / browser with the Website please use the contact form, which you can find on the Website.

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. Backers 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 the 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 Backer’s actions and decisions made on the 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. 

Information on how the Gamefound process personal data of the Creator and the Backer can be found in the privacy policy available here.

The current version of the Terms of Service is always available on the Website. 

To any matters not settled herein, the relevant Polish 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 Polish Civil Code, Act on copyright and related rights, and other generally applicable Polish laws shall apply.

Any disputes between Gamefound and the Backer, shall be settled by 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 to 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.