Legal bits and bobs. Important to read.
Hello, Gamer’s Edition user! We've put a lot of work into building Gamer’s Edition and as a result we need to have some rules about how you can use Gamer’s Edition. So, we've put this Agreement together as simply as we legally can, with some short summaries to help you understand what it means. However, please be aware that the full text wording is what is important/binding legally. Last updated: 9th March 2015.
1. ABOUT THIS AGREEMENT
1.1 This Agreement. This Agreement is a contract between you and Gamer’s Edition Ltd, a company registered in England and Wales (company number: 9390192) whose registered office is at 1 Grand Parade, Brighton, BN2 9QB, UK. It applies to the Gamer’s Edition website and forums, any Gamer’s Edition campaigns run on it and any Gamer’s Edition services or support – we’ll just call all this "Gamer’s Edition services" for short.
1.2 Campaigns and Products. Also, when we're talking about campaigns which are run on Gamer’s Edition we’ll call them “Campaigns” and when we’re talking products and other stuff that results from successful Campaigns we’ll call them “Products”. Make sense so far?
1.4 About Kids. If you're over 18, then welcome to Gamer’s Edition! If you're between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter into contracts like this Agreement). Legally, children below 13 cannot have a Gamer’s Edition account (but their parents/guardians are welcome to sign up themselves).
This agreement explains how you can access and use Gamer’s Edition services. We’ve tried to explain the legalese as clearly as possible!
If you are above 13 but below 18 years old you should get parental/guardian approval to use Gamer’s Edition. That’s the law (apparently).
2. USING GAMER’S EDITION
2.1 Licence-y stuff. We give you the personal right (known legally as a 'licence') to use Gamer’s Edition to view, create and join Campaigns and use our Services. This licence is for your personal use. We can stop or suspend this licence in some situations, which are explained later on.
2.2 Resources. If you need anything in particular to use Gamer’s Edition, Campaigns or Products (including any third party permissions, technical resources or system requirements), they’re your obligation to get.
2.3 Games. If a Product involves a video game or other software, then its developer/publisher – not Gamer’s Edition - is responsible for it and any updates/changes/bugs/errors/patches to it. Please speak with them directly.
You can use Gamer’s Edition to view, create and join Campaigns. This right can be stopped by us in some situations (examples are below).
If you need anything to use Gamer’s Edition or Products, then make sure you get them (duh!)
If the Product contains a game, then its developer/publisher is responsible for it.
3. GAMER’S EDITION ACCOUNTS
3.2 Public profiles. You can use the Disqus commenting system to leave comments that can be seen by other people. Please act sensibly and remember you are responsible for your own actions.
Your can post on the site and those posts will be seen by other Gamer’s Edition users. Be sensible and careful!
4. HOW FUNDING A GAMER’S EDITION CAMPAIGN WORKS
4.1 The Campaign succeeds = you pay. If a Campaign to which you’ve contributed hits its minimum targets, your payment will be collected. If it never hits its minimum targets, you won’t pay anything at all.
4.2 You change your mind = no problem (during the Campaign period). You want to contribute more or less money or cancel it? That’s cool…provided it’s done during the Campaign period. If the campaign has already closed successfully, you can’t change your contribution. If it is in its last 48 hours and changing your contribution would mean the campaign fails, you’ll need to contact us first here. In fact, if you have any questions about changing your contributions, just contact us.
4.3 We may reserve a charge on your card. In some situations, we may reserve a charge on your card (or alternative payment method) for some or all of the amount you agreed to contribute to a Campaign. We can do this at any time during the Campaign. Then, see above for if the Campaign is/isn’t successful.
4.4 After a Campaign successfully closes:
a) We might need information from you – we’ll ask you directly. Please get back to us within a reasonable time-period so that we can fulfil their obligations to you.
b) We will have an estimate delivery date for Products – and it is estimated and could change. If it changes materially, we’ll update you and explain why.
4.5 Other payment stuff. All payments will be in US Dollars. If this involves a currency conversion or bank charge, that’s for you to pay not us. Make sure you can actually use your payment method (including getting bill payer authorisation). No credit will be offered. If you’re a child, your parent or guardian needs to approve any purchase you make.
You can use a debit/credit card, PayPal or different local payment methods, to make purchases. Keep your payment details secure.
All payments are in USD. You're responsible for your purchases. Kids – do not forget to get parental approval first.
5. RETURNS, REFUNDS AND OTHER ISSUES WITH PRODUCTS
5.1 Returns and refunds.
Obviously, we hope that you’ll really enjoying Products by Gamer’s Edition and that they will be high quality and long-lasting. However, from time to time there can be issues, so here we go with the legalese:
If you live in the European Union: under EU distance selling rules, you can contact us for a return and refund of a Product for any reason at any time after the Campaign closes up until 14 days after you have received the Product. You can contact us at firstname.lastname@example.org and we will need to go through a refund process with you. You will need to arrange for the return of any Product to us.
Important exclusion: if a Product involves software and you have already started to use that software in any way, any return/refund ability regarding that software will be lost. If a Product involves a Steam or other software key, then once you have revealed and/or used that key in any way (either with your account or as a gift for someone else), any return/refund ability regarding that software will be lost.
If you live in the USA or elsewhere in the world (excluding the European Union): all purchases are final and once a Product is received by you it cannot be refunded, exchanged or returned (except if this clause 5 says you can).
In all countries: Some Products may give you early access to a copy of the Game before you receive the physical Product itself. In that situation, if for some reason you are entitled to a refund but have already begun to use that copy of the Game in any way (including redeeming/downloading/accessing/playing it) then we will refund you the original Product price after first deducting from that refund the suggested US Dollar retail price of the Game which was in place when you originally made your order.
If you live in the European Union: under EU distance selling rules, you can contact us for a return/refund of a Product for any reason at any time after the Campaign closes up until 14 days after you have received the Product. You can contact us and we will need to go through a refund process with you. Important exclusion: if a Product involves software and you have already started to use that software, any return/refund ability regarding that software will be lost.
5.2 Recalling Products. If for some reason there is a serious problem with a Product, then we (together with the manufacturer, Idea Planet) may decide that the best thing to do is to recall Products. If that happens, we will contact you, explain what has happened and what will happen next.
In the EU, you have return rights within the first 14 days after you receive a Product.
If things go badly wrong with a Product (very unlikely), we and the manufacturer Idea Planet may issue a recall.
6. OWNERSHIP OF GAMER’S EDITION AND INTELLECTUAL PROPERTY RIGHTS
6.1 Gamer’s Edition Services, Campaigns, Products and Gamer’s Edition itself including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of the Services or Products except as explained in this Agreement.
We own Gamer’s Edition and either we or other nice people like our game developer partners own the products that are distributed via Gamer’s Edition, k?
7. WHAT YOU CAN'T DO WITH GAMER’S EDITION
7.1 Please follow these rules:
a) Only use Gamer’s Edition and Products for your personal enjoyment (for example, don't use them to make money…unless we’ve agreed otherwise with you).
b) Regarding Products, what you can do practically (which includes to modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of it) depends on what the relevant Product rights holder allows you to do (Gamer’s Edition can’t grant such rights), so please check this with them directly.
c) Regarding Gamer’s Edition and our Services (which includes Gamer’s Edition software), please don’t modify, merge, distribute, translate, reverse engineer, decompile, disassemble, crawl or spider, or create derivative works of them – unless you’re allowed in this Agreement or by the law in your country.
d) Don't bypass, hack, harm, grief, misuse or carry out attacks against Gamer’s Edition, our Services, Campaigns or Products.
e) Don’t create or use cheats, exploits, automation software (aka 'bots') or other software or do anything else to give you an unfair advantage regarding Gamer’s Edition, our Services, Campaigns or Products (or try to circumvent or harm software meant to stop these things).
f) Don't interfere with Gamer’s Edition or third party network software or other software including via tunnelling, code injection, modifying or changing Gamer’s Edition software, using any other similar software together with Gamer’s Edition services, through protocol emulation, or through creation or use of private servers regarding Gamer’s Edition services.
g) Don't do or say anything which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be nice to each other please!
Gamer’s Edition services are here for your personal enjoyment and please use them for this purpose only. For example, don't interfere with or hack Gamer’s Edition services. Don't do or say things which are offensive or illegal. Be nice!
8. FEEDBACK OR SUGGESTIONS
8.1 You’re welcome to give us feedback and suggestions to improve Gamer’s Edition and we really value them all. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.
It’s OK to send us feedback/suggestions - thanks! But don’t be disappointed if we don’t use them and we don’t have to pay you for them.
9. THIRD PARTY CONTENT AND EXTERNAL SERVICES
9.1 You might get links to third party websites or content through Gamer’s Edition which aren’t connected to us. Using them is up to you – we’re not responsible for them, we can't promise they will work, what they'll be like or if they're free.
You click on a link on taking you outside of Gamer’s Edition = you’re on your own.
10. WARRANTIES AND LIABILITY REGARDING GAMER’S EDITION
10.1 Warranties. We warrant that: (i) we have the right to enter this Agreement and to grant you the licence to use Gamer’s Edition services in section 2.1; and (ii) we will take reasonable care with the Gamer’s Edition services and your use of them; and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this Agreement.
10.2 Liability stuff. We work hard to try to make Gamer’s Edition and the Products to work on your systems but we only have limited time to carry out tests and we may not always get everything right. Therefore, we can't accept liability or responsibility for defects or issues with Gamer’s Edition or Products. We are also not responsible for anything that happens to them which is outside of our control.
We make legally binding promises (called 'warranties') about Gamer’s Edition services, for example that we will take reasonable care regarding your use of them. We also explain a bit further how we are responsible legally for Gamer’s Edition services.
11.1 Termination rights. If you somehow materially breach this Agreement, then unfortunately we may choose to cancel or suspend your access to Gamer’s Edition services. We'll make reasonable efforts to contact you to explain why we've done this and what (if anything) you can do as a result. It seems very unlikely, but if we have to stop providing access to Gamer’s Edition services permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on our website and sending an email to all registered users.
11.2 What happens after termination. If we cease providing Gamer’s Edition services, or if your use of them is cancelled or suspended because of your breach, then we will not have any future obligations to you – including to offer refunds or payments.
If you seriously breach this Agreement you may lose access to Gamer’s Edition (temporarily or permanently). In the very unlikely situation that we have to stop running Gamer’s Edition we'll do our best to give you advance notice and explain what happens next.
12. FORCE MAJEURE
12.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to Gamer’s Edition services if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.
If unforeseen events beyond your or our control occur then neither of us will be liable if this Agreement can’t be performed.
13. GOVERNING LAW
For users resident in the European Union and elsewhere in the world (but not the USA):
13.1 You and we agree that your use of Gamer’s Edition services, Campaigns, Products and this Agreement will be governed by and interpreted according to the laws of England and that any dispute regarding this Agreement will be heard exclusively by the courts of England. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
For users in the USA only:
13.2 You and we agree that your use of Gamer’s Edition services, Campaigns, Products and this Agreement will be deemed to be entered into in New Jersey and governed by and interpreted according to the laws of the New Jersey (and, if applicable, US Federal law). Any legal claim by you against Gamer’s Edition will be made exclusively any state or federal court located in New Jersey, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
Any legal questions/complaints/ claims regarding this Agreement are under English law and jurisdiction (for users in the EU and rest of the world, excluding the USA) and Californian law and jurisdiction (for users in the USA only).
14. OTHER LEGAL STUFF
14.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
14.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
14.4 Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.
14.5 If there is a reorganisation, sale or merger of Gamer’s Edition then we may need to work with relevant third parties to transfer or merge your Gamer’s Edition account.
This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally.
15. CHANGES TO THIS AGREEMENT
15.1 We may change this Agreement if we think it's necessary, e.g. for legal reasons or to reflect changes in Gamer’s Edition services. If so, we will make the changed Agreement available online and (if you have a Gamer’s Edition account) email you to let you know about the changes.
15.2 Once we change the Agreement, it will become legally binding on you a reasonable time period after we post it online (we believe 30 days will normally be reasonable). During that period, you're welcome to contact us if you have specific questions about the changes.
15.3 If we don't hear from you before the end of that time period, the changes will automatically become binding on you. If you don't agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using Gamer’s Edition services. We're sorry we have to say that, but we hope you'll appreciate that for Gamer’s Edition to work properly we need to have everyone using it under the same rules instead of different people having different rules. That's why we encourage you to get in contact if you have queries or concerns.
We can change this Agreement but if we do we'll put the changed version online and normally it will take effect a reasonable time period afterwards. We’ll also email you (if you have a Gamer’s Edition account).
If you have any problems with our changes, please contact us so we can talk to you. Don't just ragequit on us!
Just a reminder that the big, detailed version of this wording is what's legally enforceable – any questions, give us a shout!