Version 1.0 - August 12th 2015
PLEASE READ THESE TERMS OF SERVICE ("TERMS OF SERVICE") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON AT THE END OF THESE TERMS OF SERVICE BELOW, OR BY USING THE WWW.CROWFALL.COM WEBSITE AND RELATED WEBPAGES (THE "WEBSITE") OR ANY OF THE CONTENT MADE AVAILABLE VIA THE WEBSITE OR THE GAME LAUNCHER. YOU AGREE THAT THESE TERMS OF SERVICE ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
ArtCraft Entertainment, Inc. ("ARTCRAFT"), via the website www.crowfall.com, is raising funds for the MMORPG "Crowfall" (the Game). You, the Contributor, may select one or more of the pledges and pay the indicated amount(s) in accordance with the following agreement between ARTCRAFT and you, the Contributor. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THESE TERMS OF SERVICE AND/OR IMMEDIATELY CEASE USING THE ARTCRAFT SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, YOU MAY NOT BE ABLE TO ACCESS THE ARTCRAFT SERVICES (OR ANY PART THEREOF).
The ARTCRAFT and The Game Services are made available to you by Art & Craft Entertainment Inc., a Delaware Corporation located in Texas, USA, specifically at 815A Brazos ST., Ste 313, Austin, TX 78701. If you would like to contact us or make a complaint about any of the ARTCRAFT Services, please contact us at the foregoing address or via email at: firstname.lastname@example.org.
Rules of Conduct
All use of ARTCRAFT services and the Game are subject to the Rules of Conduct found at http://crowfall.com/rulesofconduct.
- By entering into these Terms of Service and registering to create an account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside, hereinafter referred to as "user". You agree to comply with these Terms of Service on behalf of yourself and, at your discretion, any other person (including, but not limited to, any minor children for whom you are the parent or legal guardian) whom you have authorized to play the Game using your Account. You further agree that you are solely responsible and entirely liable for all activities conducted through the authorized use of your Account, and you are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of these Terms of Service and any and all other ARTCRAFT Terms. To register you must have a valid email address and provide truthful and accurate information.
You must be a registered user to select and pay for a pledge and to receive any pledge. Upon selection of a pledge, your payment will be collected through an independent third party payment provider. By using such provider, you agree to the terms and conditions applicable to each payment method you choose. ARTCRAFT does not receive any confidential payment data from such providers, and ARTCRAFT is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. ARTCRAFT reserves the right to change such payment providers at any time.
THE ARTCRAFT SERVICES ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DO WE KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU HAVE ALLOWED YOUR CHILD TO ACCESS ANY OF THE ARTCRAFT SERVICES, PLEASE ENSURE THAT, IF YOUR CHILD IS UNDER 13 YEARS OF AGE, THEY DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US.
You are also responsible for all unauthorized activity on your Account to the extent that it is caused by your failure to safeguard your Account's access credentials. Your Account may be suspended immediately and/or terminated after a notice of breach if someone else uses it to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. We will not ask you to reveal your Account password, or initiate contact with you asking for answers to your password security questions.
- Your payment is a deposit to be used for the development and production cost of the Game, including the website cost, the production and delivery cost for the pledge items, and ARTCRAFT's corporate expenses associated with the foregoing (the Game Cost).
ARTCRAFT reserves the right change our prices and fees at any time. For any recurring fees we will give you a 30 day email and website notice before the fee will change.
- The deposit shall be earned by ARTCRAFT and become non-refundable to the extent that it is used for the Game Cost, with each Contributor's deposit being applied as follows: first to the fulfillment of the pledge items, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total Contributor deposits remaining after the cost for the pledge items.
You acknowledge and agree that the pledge items delivered to you may differ in certain aspects from the description of those pledge items that was available on the Website at the time of your Pledge.
- Most pledge items are elements in the Game such as structures, characters, equipment and inventory items, and resources (collectively, "Virtual Goods"). All Virtual Goods remain the property of ARTCRAFT at all times and are subject to its reasonable rules and regulations as amended from time to time. You acknowledge and agree that you have a limited license right to access and use Virtual Goods which is governed by the ARTCRAFT Terms, and that Virtual Goods are not redeemable for any sum of money or monetary value from ARTCRAFT at any time. The foregoing applies also with respect to ARTCRAFT's permission to transfer such limited license in Virtual Goods to other users via "gifting." Gifting may be limited to a daily maximum of Virtual Goods purchased, currently $1,000 per day.
ARTCRAFT agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by ARTCRAFT since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless ARTCRAFT has not delivered the pledge items and/or the Game to you within 12 months after the estimated delivery date.
For the avoidance of doubt, in consideration of ARTCRAFT's good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Game Cost as described above shall be non-refundable regardless of whether or not ARTCRAFT is able to complete and deliver the Game. In the unlikely event that ARTCRAFT is not able to deliver the Game, ARTCRAFT agrees to post a cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by ARTCRAFT hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost in accordance with the above.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ARTCRAFT OR ITS LICENSORS IS TO CLAIM A REFUND IF AND WHEN DUE PURSUANT TO THE TERMS HEREOF. IN NO CASE SHALL ARTCRAFT OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ARTCRAFT AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID ARTCRAFT. IN NO CASE SHALL ARTCRAFT OR ARTCRAFT AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ARTCRAFT'S SERVICES AND OR YOUR PLEDGE HEREUNDER. TO THE EXTENT THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARTCRAFT'S AND ARTCRAFT AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
ARTCRAFT reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Users are responsible for periodically viewing the Terms.
- ARTCRAFT grants the following rights to the community:
Using the guidelines below, ARTCRAFT grants permission for users to make videos (walkthroughs, Let's Play, reviews, etc.) with ARTCRAFT's the Game content, images, audio, and/or cut scenes and publish to YouTube, twitch.TV, or similar digital services.
Do not take assets from the Game (e.g. voice, music, items) and distribute them separately
Do not charge or restrict users from access to your videos
Do not sell or license your videos to others for payment of any kind
Absolutely no racist, sexist, homophobic, poor taste, or offensive content
Keep videos focused on gaming and away from overtly controversial topics
Do not include cheats, hacks, or similar violations of the EULA in posted videos.
Failure to abide by these content guidelines may result in ARTCRAFT having the video removed. ARTCRAFT will, at its sole discretion, determine if a video does not comply with these content guidelines.
You are free to monetize videos via the partner programs with YouTube, Twitch.tv, Justin.tv, Blip.tv, Ustream.tv, or similar services whereby a website may pay you for views of a video if you are accepted into their partner program.
ARTCRAFT retains all ownership and rights of its produced content, and may terminate or change the terms of this agreement at its sole discretion.
XXII. Disputes & Binding Arbitration
A. Equitable Remedies
You hereby acknowledge and agree that ARTCRAFT would suffer irreparable harm if these Terms of Service or any of the ARTCRAFT Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ARTCRAFT shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Service or any other ARTCRAFT Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with these Terms of Service or the ARTCRAFT Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or any other ARTCRAFT Terms ("Dispute"), you and ARTCRAFT agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other. ARTCRAFT will send its notice to your billing address (if provided) and email you a copy to the email address that is registered to your Account. You agree to send your notice to ARTCRAFT Entertainment, 815A Brazos ST., Suite 313, Austin, TX 78701, Attn: Legal Department with a copy via email to email@example.com.
C. Binding Arbitration
If you and ARTCRAFT are unable to resolve a Dispute through informal negotiations, either you or ARTCRAFT may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, ARTCRAFT will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service or the EULA, you and ARTCRAFT may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions on Dispute Proceedings
You and ARTCRAFT agree that any arbitration shall be limited to the Dispute between ARTCRAFT and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Any arbitration shall be initiated in the City of Austin, Travis County, the State of Texas, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the City of Austin, Travis County, State of Texas, United States of America, and you and ARTCRAFT agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.