Precursor Games, Inc.
Shadow of the Eternals Supporter Agreement
The following constitutes the agreement between You and Precursor Games, Inc. in connection with your donation to the development and production of Shadow of the Eternals. By backing this project, You agree to the following term and conditions:
1. Donations. Payments made to Precursor Games, Inc. to back this project are strictly donations and are not consideration for any service or product. Donations will be used by Precursor Games, Inc. for various aspects of the development and production of Shadow of the Eternals (the “Game”) at their sole discretion. Precursor Games will accept donations immediately upon receipt; there is no minimum aggregate goal for funding. A donation cannot be cancelled or returned once it has been completed, whether or not Precursor Games completes the Game or fulfils the specified reward. Donations are not tax-deductible. Precursor Games may cancel or refund a donation at any time for any reason, and if they do so, are not required to fulfill the corresponding reward.
2. Rewards. Precursor Games is offering rewards for different pledge amounts. The list of reward tiers can be found here: http://www.shadowoftheeternals.com. The estimated delivery date listed for each reward is not a promise to fulfil by that date, but is merely an estimate of when Precursor Games hopes to fulfil by. Precursor Games agrees to make a good faith attempt to fulfill each reward by its estimated delivery date. However, You understand that Precursor Games cannot assure you that the rewards (including the Game) will be completed or shipped when estimated.
For some rewards, the Precursor Games may need further information from Supporters, such as a mailing address to enable Precursor Games to deliver the rewards. To receive the reward, Supporters agree to provide the requested information to Precursor Games.
3. No Obligation. Precursor Games will use its commercially reasonable efforts to develop and produce the Game, and will apply all donations to the development and production of the Game and the other rewards. However, circumstances outside of Precursor Games’ control may make it impossible for Precursor Games to complete production of the Game or other rewards. Precursor Games is committed to completing Shadow of the Eternals. However, in the event that Precursor Games cannot raise enough money to develop this project, all donations will refunded to their respective contributors.
4. Eligibility. To be eligible to make a donation and become a Supporter you must be of legal age. You hereby represent and warrant to Precursor Games that: (a) you have reached the age of majority in the country or state where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction); (b) you are an authorized signatory of the Paypal account, credit or debit card or other method of payment that you provide to Precursor Games or its third-party payment processor to contribute your donation; (c) you have provided and will maintain truthful, accurate and complete information to Precursor Games, including, without limitation, your legal name, address, email address, and any other registration information Precursor Games may reasonably require; (d) your access to and use of our web site or any part thereof, your donation and your receipt of the rewards we provide will not constitute a breach or violation of any other agreement or any law or regulation to which you are subject; and (e) you will immediately notify Precursor Games in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person.
5. Registration. To make a donation [and view certain “Pledge Only” content,] you may be required to register with the Precursor Games and select a screen name (“User ID”) and password. You agree to provide accurate, complete, and updated registration information. You agree not to use a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. Precursor Games reserves the right in its sole discretion to refuse registration of or cancel a User ID and account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You agree never use another User’s account without the other User’s express permission.
7. Limitation of Liability. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THIS WEB SITE AND ALL REWARDS (INCLUDING THE GAME) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Precursor Games EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION, Precursor Games MAKES NO WARRANTY THAT THE REWARDS (INCLUDING THE GAME) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PROVIDED TO YOU WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability. IN NO EVENT SHALL Precursor Games, NOR ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE DONATIONS OR DISTRIBUTION OF THE GAME (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Electronic Delivery, Notice Policy, and Your Consent. By making a donation, you consent to receive from Precursor Games all communications including notices, agreements, legally required disclosures, or other information in connection with the donation (collectively, “Donation Notices”) electronically. Precursor Games may provide the electronic Donation Notices by posting them on the Site.
10. Governing Law. This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ontario, Canada; and the parties irrevocably agree that the courts of Ontario, Canada have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims), without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS OR REPRESENTATIVE LEGAL ACTION, UNLESS BOTH YOU AND Precursor Games AGREE OTHERWISE IN WRITING.
11. Integration and Severability. This agreement and other referenced material are the entire agreement between you and the Precursor Games with respect to your donation, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Precursor Games with respect to the donation and govern the future relationship. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms and conditions of this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12. Security. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by Precursor Games. Precursor Games shall not be responsible for any harm that you or any person may suffer as the result of data loss or security breach with respect to information you transmitted to the site.
13. No Partnership. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
14. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Precursor Game’s prior written consent. Precursor Games reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
15. Miscellaneous. Precursor Games shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Precursor Games’ reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.