End User Terms of Service
Terms of Service
Game On Tabletop® Funding Platform
Black Book may change the Terms from time to time. If Black Book does, Black Book will let you know about any material changes by posting a notification on the Service associated website. If you keep using Black Book after a change, that means you accept the new terms.
- The term “Backers” means the person and/or entity contributing money to a Campaign.
- The term “Campaign” means the specific crowdfunding offering conducted by Creator using the Service.
- The term “Creator” means the person and/or entity offering products and designated to receive payment from a Campaign.
- Collectively Creator and Backer may be termed “you” or “your”.
The Game On Platform is a Venue
Game On is Black Book’s proprietary online crowdfunding venue for people and entities seeking to raise funds for their products. Creators may offer gifts or rewards in the form of tangible items or intangible services to Backers.
Creating an Account
If you are under 18 years of age you are not eligible to use the Services without parental consent. If you are between the ages of 13 and 17, you can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services.
You are responsible for all the activity on your account and for keeping your password confidential. If you find out that someone has used your account without your permission, please contact us immediately.
Relationship between Creators and Backers
Black Book provides a funding platform for creative projects. When a Creator posts a Campaign on the Game On platform, they are inviting Backers to form a contract with them. Any Backer who backs a project is accepting the Creator’s offer and forming a contract directly with the Creator.
Black Book is not a part of that Contract. That contract is a direct legal agreement between Creators and their Backers.
Once a project is funded by a Backer, the Creator is making a contractual commitment to that Backer to complete the project and fulfill each promised reward. Once a Creator provides those rewards, they have satisfied their obligation to their Backers.
Creators owe their Backers a high standard of effort, honest communication, and a dedication to bringing the Campaign to life.
If a Creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of these Terms of Service. To right this, they must make every reasonable effort to find another way of bringing the project to life to the best reasonable conclusion for Backers. A Creator in this position has only remedied the situation and met their obligations to Backers if:
- They work diligently and in good faith to bring the Campaign to the best reasonable conclusion in a timeframe that is clearly communicated to Backers;
- They’re able to demonstrate that they’ve use the funds appropriately and made every reasonable effort to complete the Campaign as promised;
- They’ve been honest, and have made no material misrepresentations in their communication to Backers; and
- They offer to return any remaining funds to Backers who have not received their reward (in proportions to the amounts pledged), or else explain how those funds will be used to complete the Campaign in some alternate form.
The Creator is solely responsible for fulfilling the promises made in their Campaigns. If they’re unable to satisfy the Terms of Service, they may be subject to legal action by Backers.
Funding a Project
The estimated delivery date is the Creator’s good faith estimate and not a guarantee. The schedule may change as the Creator works on the project. Creators should notify Backers of any estimated changes as soon as practical after becoming aware of the change in schedule.
To deliver rewards, the Creator may need information from Backers, like Backer’s mailing address or t-shirt size. To receive the reward, Backers will need to provide the information requested within a reasonable time.
Responsibility for finishing a Campaign lies entirely with the Creator. Black Book does not hold funds on Creator’s behalf, cannot guarantee Creator’s work, and does not offer refunds or fulfillment guarantees.
Black Book’s Release of Liability
Black Book does not oversee a Campaign’s performance and does not mediate disputes between Backers and Creators. Black Book is not liable for any damages or losses related to Creator’s or Backer’s use of the Services. Black Book does not become involved in disputes between Backers and Creators or between any third party relating to the use of the Services. Black Book does not oversee the performance or punctuality of Campaigns, and does not endorse any content users submit to the website. When you use the Services, you release Black Book from claims, damages and demands of every kind known or unknown, suspected or unsuspected, disclosed or undisclosed arising out of or in any way related to such disputes and the Services. All content you access through the Service is at your own risk. You are solely responsible for any resulting damages or loss to any party.
If you follow a link to another website, what happens there is between you and them, not Black Book. Black Book may contain links to other websites. When you access third-party websites, you do so at your own risk. Black Book does not control or endorse those websites.
Your use of the Services in no way grants you any right or license to reproduce or otherwise use any of our trademarks or copyrights, third party trademarks or copyrights or any content developed by third parties, except for the normal use of such marks as part of your authorized use of the Services.
Black Book’s Rights
To operate, Black Book needs to be able to maintain control over what happens on Black Book’s website. Black Book reserves these rights:
- Black Book can make changes to the Black Book website and Services without notice or liability.
- Black Book has the right to decide who’s eligible to use the Game On platform. Black Book can cancel accounts or decline to offer Services. Black Book can change eligibility criteria at any time.
- Black Book has the right to cancel any funding to any project at any time for any reason.
- Black Book has the right to reject, cancel, interrupt, move or suspend any project at any time for any reason.
Black Book is not liable for any damages as a result of any of these actions, and it is Black Book’s policy not to comment on the reasons for any such action.
BLACK BOOK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BLACK BOOK SHALL CREATE ANY WARRANTY.
If you do something that gets Black Book sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold Black Book harmless from all liabilities, claims and expenses (including reasonable attorney’s fees and other legal costs) that arise from or relate to your use or misuse of Black Book. Black Book reserves the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help Black Book in asserting any defenses.
Limitation of Liability
BLACK BOOK (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED DOLLARS ($100.00) OR THE FEES PAID TO BLACK BOOK FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLACK BOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Terms of Service are effective unless and until terminated by either you or Black Book. You may terminate these Terms of Service at any time by providing Black Book with written notification. Black Book may terminate these Terms and deny you access to your Services at any time if you (i) breach the Terms, (ii) infringe on any third party Intellectual Property right, or (iii) if we are unable to verify or authenticate any information you provide us. Termination may result in the forfeiture and destruction of all information associated with any user account. Black Book may retain account information after termination in accordance with regulatory, accounting and legal compliance procedures. Upon termination you should immediately discontinue use of the Services.
These Terms of Service will be governed by and interpreted in accordance with the local laws of Lyon, France.
The Terms and other material referenced in them are the entire agreement between Backers and Creators with respect to the Services. They supersede all other communications and proposals whether oral, written or electronic between Creators and Backers with respect to the Services and govern your future relationship. If any provision of the Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect. The failure of either Backers or Creators to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any rights.
The Terms are personal to you. You cannot assign them, transfer them or sublicense them unless you get Black Book’s prior written consent. Black Book has the right to assign, transfer or delegate any of its rights and obligations under these Terms without your consent. Black Book will provide notice via email, written notice or by conspicuously posting the notice on our website.
Game On® Tabletop est une marque de Black Book Éditions
Black Book Éditions SARL
38 rue du Boeuf
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Directeur de publication : David Burckle
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