Digital Content Terms of Service for Creators

1. INTRODUCTION

These Digital Content Terms of Service for Creators are an integral part of the Terms of Service for Creators, available on the website: https://gamefound.com/terms/creators (“TOSC”). You hereby accept these Digital Content Terms of Service for Creators and TOSC – to the highest extent possible in which the provision of the TOSC may apply and undertake to comply with them.

In the event of a conflict between the provisions of the Digital Content Terms of Service for Creators and the TOSC, the provisions of the Digital Content Terms of Service for Creators shall prevail. In matters not regulated in the Digital Content Terms of Service for Creators, the provisions of the TOSC shall apply – in particular in the scope of: the definitions, the complaint procedure, technical requirements, intellectual property, making changes to the Terms of Service, assignment of the contractual rights and obligations and final provision. Terms written with a capital letter but not defined in the Digital Content Terms of Service for Creators have the meaning given to them in the TOS.

These Digital Content Terms of Service for Creators establish the rules under which the Creators entrust Gamefound the services of providing gamefound.com the Backers digital serial codes (“Keys”) for Creator’s Projects (“Services”), that may be ordered via the Website.

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: https://gamefound.com/terms/privacypolicy.

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 Digital Content Terms of Service for Creators and the TOSC, in particular in the scope of:
  • allowing the Creator to activate the Services of providing the Keys to the Backers, in the Creator’s panel on the Website;
  • allowing the Creator to add the Keys under a new type of the Project (digital code) in the Creator’s panel on the Website, which enables the Creator to upload Keys in the form of XLS/CSV files and to offer them to the Backers;
  • providing the Keys to the Backers’ e-mail addresses provided by the Creator.

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 Digital Content Terms of Service for Creators, TOSC and take at least the following actions:
  • Create new ‘digital code’ type product;
  • Upload Keys in the form of XLS/CSV (under ‘Digital stock’ section of newly created product);
  • set product as published;
  • set out terms and conditions regarding obtaining the Keys 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 and such that may adversely affect the security of the Website or harm other Backers or Creators.

The Creator is entitled and obliged to set out independently and simultaneously specific terms and conditions regarding obtaining the Keys by the Backers. These terms and conditions specific by the Creator shall not conflict with this Digital Content Terms of Service for Creators and TOSC or else shall be deemed as null and void. In case of any discrepancies between the terms and conditions specific by the Creator and Digital Content Terms of Service for Creators or TOSC, the provisions of Digital Content Terms of Service for Creators and TOSC shall prevail.

The Creator is entitled to turn off (deactivate) the functionality of providing the Keys in the Creator’s panel on the Website, at any time. Deactivation is tantamount to termination of the Services agreement concluded between the Creator and Gamefound under Digital Content Terms of Service for Creators. Irrespective of termination of the Service the provisions remaining in force due to these Terms of Service in scope of the liability, TOSC and generally applicable Polish law provisions shall remain in force.

Gamefound reserves itself the right to suspension of Service, in particular block the functionality of adding the Keys in the Creator’s account, with immediate effect, in the case of any violation of the Digital Content Terms of Service for Creators, the TOSC, and/or any other legal provisions, and/or to block the Creator account due to receiving a credible notification about the violation of the Terms of Service, until such case has been resolved. Gamefound will inform the Creator about the suspension of Service, by sending an appropriate e-mail, which will contain a description of the reasons for suspension of Service or block the Creator account and the contact details, at which the Creator can contact Gamefound to restore Service or unblock the Creator account. 

3. LIABILITY

Gamefound shall not be held liable for non-performance or inadequate performance of Service, 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 Keys 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. 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 Keys, which was delivered to the Backer, is not usable or not working correctly. Gamefound is not obliged to verify, if the Keys is usable and/or working correctly before sending it to the Backer. The Creator is solely responsible for providing the Backers usable and correctly working Keys.

Gamefound is not a party to 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. 

In relation to the provision of Services 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 Service. Gamefound undertakes to inform the Creator in advance – if possible – of any disruptions in particular about maintenance breaks.

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

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

Gamefound hereby 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 commencement of Service provision, loses the right to withdraw from the agreement.

5. FINAL PROVISIONS

The current version of these Digital Content Terms of Service for Creators is always available to the Creator at the Website (https://gamefound.com/terms/creatorsdigitalcontent).