These Crowdfunding Terms, pursuant and in addition to the Terms of Service at www.legal.dronethegame.com/terms-of-service (“TOS”) for your access and use of our Websites, are a legally binding agreement between you, a crowdfunding backer (“you”, “your”, “Backer”), and Five Studios Interactive, SL (“us”, “our”, “we”), a crowdfunding project creator, and apply to and give you an understanding of your participation as a Backer in our crowdfunding (“Crowdfunding Terms”). Any word or phrase not otherwise defined herein has the same meaning as when used in the TOS. You may contact us at moc.evitcaretnisoidutsevif@tcatnoc.
We are conducting this crowdfunding to raise funds for the development of our video game currently titled “D.R.O.N.E.” (“Project”). With your registration of an Account you can pledge a certain amount to support our Project and become eligible to receive a Project related reward dependent on the form of your pledged contribution and conditioned on your adherence to the Crowdfunding Terms (“Crowdfunding”).
Before you participate in our Crowdfunding and read our rules, we want to make you aware of, and you understand and acknowledge, that the Project is in development and we cannot predict the exact appearance of the Project, each completed and released reward, or each stretch goal. You will be entitled to delivery of a game with at least the features listed in the Minimum Scope (defined in Attachment A), and to claim any reward you placed a pledge for. The listed stretch goals serve to describe the features we intend to work towards if the Crowdfunding achieves each goal, however, we cannot and do not guarantee delivery of the additional features proposed in any specific stretch goals. Your pledged funds will be used exclusively for development of the Project (which includes, without limitation, development costs, fees to third parties, labor, parts, and various government and legal fees incurred by us in the development of the Project). To show our commitment and where the funds go, we will make reasonable efforts to keep Backers up to date on our Project at our Websites.
1. Your Account
1.1 Account Features
Your Account allows you to pledge funds to the Project and receive the rewards you pledged for (if possible). You cannot support the Crowdfunding or receive any rewards without an Account.
1.2 Account Rules
The use of your Account to support the Crowdfunding is subject to the terms and conditions of the TOS. We caution you in particular to be aware, and you agree and acknowledge, that:
- the information provided during your Account registration must contain accurate and truthful information about you and we are not responsible in the event that you do not receive a reward because of false information during this registration; and
- we reserve the right to terminate your Account any time pursuant to the termination clauses in the TOS. If your Account is terminated, you will not receive any rewards or refunds if you have pledged. If we have already distributed rewards, your access will be terminated to such rewards that require you to access your Account, for example any digital rewards related to a forum or the Project. We reserve the right on a case by case basis and despite a breach to refund pledged funds or distribute a reward.
2.1 How To Pledge
You can only pledge at www.funding.dronethegame.com if you have an Account, have accepted the Crowdfunding Terms and the TOS, and follow these instructions:
- You will have to choose an amount you want to pledge and the associated rewards you would like to receive at www.funding.dronethegame.com (“Backer Level”).
- You then have to select a Backer Level by clicking the “Select Pledge” link for the Backer Level you chose while you are logged into your Account. If you are not logged into your Account, you will be directed to the login page at www.operators.dronethegame.com.
- You will then be directed to Xsolla at www.xsolla.com, our third party authorized global distributor, who will distribute the Project and will require you to accept their terms of services, after which we will share your email address with Xsolla, and your payment will be processed for the Backer Level.
- Once you confirmed your payment for the Backer Level, you will receive a thank you and confirmation email by us and an invoice by Xsolla confirming your pledge through Xsolla sent to the contact email address you provided with your Account.
With confirmation of your payment you become legally bound to pay the pledged funds and your payment of these is due with that email.
2.2 How To Change Your Backer Level
Before you receive a reward you may only change your Backer Level by pledging for such that at least equals the same pledged amounts and includes the same rewards of such that you are changing from. However, we reserve the right to make an exception to this rule.
Subject to these Crowdfunding Terms and the TOS, we will distribute a reward in the following case: (i) we have completed the Minimum Scope and, (ii) you have not breached the Crowdfunding Terms, (iii) we have received your payment totaling your pledge and, if applicable, additional shipment costs (“Total Costs”), and (iv) any and all other requirements for a particular reward category are met as set forth at www.operators.dronethegame.com/account/rewards. If these four elements are met, we will give you access to your rewards or have the rewards delivered to you in the timeliest fashion that is possible under the circumstances, however we reserve the right to withhold delivery for any or no reason.
2.4 What Happens To Your Pledged Funds
Your pledged funds will go directly and only into the Project. If our Crowdfunding raises more funds than necessary for all stretch goals, you agree and acknowledge that we can use the additional funds either for the ongoing or further development of the game, for example for features, patches or downloadable content, for a sequel or spin-off of the game, or for other video game projects by us.
You are not entitled to a refund of funds, unless we fail to deliver the Minimum Scope of the Project, or the rewards you purchased. We reserve the right on a case by case basis to refund pledged funds.
If your residency is within an EU Member State, the consumer protection laws are applicable to you, you have pledged for an intangible good, and you are entitled to withdraw your pledge for the same reasons, you acknowledge that with your pledge we begin the execution of distributing your reward and that you waive your right to withdraw from your pledge for the digital goods.
3. REPRESENTATIONS, WARRANTIES, DISCLAIMER, INDEMNIFICATION
3.1 Representations and Warranties
You warrant that:
- you have the full right and power to participate, pledge and enter into this agreement;
- you comply with the Crowdfunding Terms and the TOS;
- you comply with all applicable national/federal, state, and local laws, ordinances, and regulations, as they relate to the Crowdfunding Terms;
- you will not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to payment services, delivery services, social media platforms, and forum services (i.e. Xsolla, Facebook, Reddit and Discord);
- any and all information you submit or communicate to us through our Websites is truthful, and is not false, misleading, inaccurate, nor does it constitutes a deceptive or fraudulent act;
- you will not take any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and
- you will not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Crowdfunding, if applicable in an effort to access things like source code, underlying ideas, or algorithms.
THE REWARDS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE CROWDFUNDING TERMS.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE WEBSITES ARE NONINFRINGING; THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITES WILL BE SECURE; THAT THE SERVER THAT MAKES THE WEBSITES AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
3.3 LIMITATION OF LIABILITY
IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER BACKER’S PARTICIPATION IN THE CROWDFUNDING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
3.4 Third Party
We use third party for payment, the manufacturing and the delivery of the rewards. You are responsible for the payment until we have received the funds. Any disputes or errors that occur or relate to circumstances that occur before we receive your payment are subject to your relationship with the third party and their terms of services. The place of performance for the distribution of a reward is the principle place of our business. You are responsible for any error that occurs during the distribution of the rewards that occurs after or once the reward has left our principle place of business, i.e. a digital good has been downloaded or activated, and a tangible good has been handed over to the third party shipment service.
Subject to the terms, conditions, express representations and warranties provided in the Crowdfunding Terms and the TOS, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us.
4.1 We Reserve
We reserve the right to (i) change the Backer Levels, (ii) decline your pledge, (iii) refund your pledged funds before you receive the rewards, and (iv) make changes to the Crowdfunding Terms. Any changes to these terms will be available at www.legal.dronethegame.com/crowdfunding-terms.
Any rights granted hereunder are intended for the benefit of the parties to these Crowdfunding Terms and shall not be exercisable by any person who is not party to these Crowdfunding Terms.
Any dispute under these Crowdfunding terms, and your relationship with us under these Crowdfunding Terms, shall be governed by the laws of Andorra without regard to its conflict or choice of laws provisions.
If any provision in these Crowdfunding Terms is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Crowdfunding Terms shall remain in effect.
REQUIREMENTS AND CONSTRAINTS TO EACH REWARD CATEGORY
Our ability to grant you access to or deliver the rewards is subject to many constraints and requirements regarding each reward category. The following constraints are non-exhaustive and are provided for your information only.
Access to the Game
Once we make the Minimum Scope available, you can access your copy of the Game through your Account, where you can download it. We will make reasonable efforts to inform you if and when any additional features or new version of the Game become available, and you will be entitled to access such features at that time.
We are not responsible for any errors that occur when you download the Game that relate to your internet provider, personal hard drive and software, and third party interference with your internet connection to our servers if we successfully provide the demo or game at our server access point.
Before you are able to access the Game, you will have to agree to our end user license agreement for your use of the demo or game that controls our relationship in that regard. Once you have successfully received the Game, your use of the Game is controlled by this end user license agreement. Once you have downloaded the Game, any errors that prevent your appropriate use of the Game are subject to the controlling end user license agreement.
In Game Item Rewards
In game related rewards are subject to completing such in game items.
Forum Recognition Rewards and Other Digital Goods
To receive your recognition based awards and other digital goods (for example an access to the game’s soundtrack) you will have to access your account and either activate or download these rewards. We are not responsible for any errors that occur during your download that relate to your internet provider, personal hard drive and software, and third party interference with your internet connection to our servers if we successfully provide the digital goods at our server access point.
Tangible rewards are subject to shipment and manufacturing by a third party service. Because our community is a worldwide community, the delivery of a tangible reward can be subject to special delivery costs or customs costs, which are to be paid by you.
Your Contribution Related Rewards
Any rewards that require your contribution, for example titling an in game item, co-designing an in game item, or contact with the developers, are dependent on your performance of that contribution. We will not be able to distribute any of these rewards if you do not perform.
The Project as it is described on www.dronethegame.com and its subdomains represents our vision. The scope of D.R.O.N.E., and each stretch goal, depends highly on the amount of funds we can collect and invest into the game.
Please read our ToS carefully before you pledge any money.
The following Minimum Scope comprises the minimum features that will be delivered in the released Game, regardless of the amount of funding:
- One set of arena editor blocks;
- 3 earth like environments (green, desert and ice);
- Weather system with dynamic day/night cycles;
- 3 tournament types with basic rule-set Editor.
- 1 set of basic block types;
- 3 weapon types (projectile, energy, rockets) + variations of each;
- 6 types of drone components (thrusters, shield, armor, cloaking, energy generators, radars).
- The spaceship acts as a main menu and homebase for the player. It is also the basis for extension to some features and stretch goals of future development.
- Competitive matches;
- Basic Community Hub;
- Solid networking.
- Easy-to-learn and difficult-to-master controls;
- Controller support (e.g. Gamepads, Joysticks, HOTAS);
- Initial weapon and component balancing.
Of course you can expect that we give our very best to make D.R.O.N.E. bigger, better, and closer to our full scope vision. As we have already achieved a lot in advance, we know that we can deliver at least the minimum scope as described above.