MotorGun Supporter Agreement
The following constitutes the agreement between You and Pixelbionic, Inc. in connection with your donation to the development and production of MotorGun. By backing this project, You agree to the following term and conditions:
1. Donations. Payments made to Pixelbionic, Inc. to back this project are strictly donations and are not consideration for any service or product. Donations will be used by Pixelbionic, Inc. for various aspects of the development and production of MotorGun (the “Game”) at their sole discretion. Pixelbionic, Inc. will accept donations immediately upon receipt; there is no minimum aggregate goal for funding. A donation cannot be cancelled or returned once it has been completed, whether or not Pixelbionic, Inc. completes the Game or fulfills the specified reward. Donations are not tax-deductible. Pixelbionic, Inc. may cancel or refund a donation at any time for any reason, and if they do so, are not required to fulfill the corresponding reward.
2. Rewards. Pixelbionic, Inc. is offering rewards for different pledge amounts. The list of reward tiers can be found on this page. The estimated delivery date listed for each reward is not a promise to fulfill by that date, but is merely an estimate of when Pixelbionic, Inc. hopes to fulfill by. Pixelbionic, Inc. agrees to make a good faith attempt to fulfill each reward by its estimated delivery date. However, You understand that Pixelbionic, Inc. cannot assure you that the rewards (including the Game) will be completed or shipped when estimated.
For some rewards, the Pixelbionic, Inc. may need further information from Supporters, such as a mailing address or t-shirt size, to enable Pixelbionic, Inc. to deliver the rewards. To receive the reward, Supporters agree to provide the requested information to Pixelbionic, Inc..
3. No Obligation. Pixelbionic, Inc. will use its commercially reasonable efforts to develop and produce the Game, and will apply all donations to the development and production of the Game and the other rewards. However, circumstances outside of Pixelbionic, Inc.’ control may make it impossible for Pixelbionic, Inc. to complete production of the Game or other rewards. Pixelbionic, Inc. is under no obligation to complete the Game, or in the event completion is impossible, return any of the donations it has received. Pixelbionic, Inc. does not currently have a firm date for release of the Game [but we expect to post updates on a regular basis].
4. Eligibility. To be eligible to make a donation and become a Supporter you must be of legal age. You hereby represent and warrant to Pixelbionic, Inc. that: (a) you have reached the age of majority in the country or state where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction); (b) you are an authorized signatory of the Paypal account, credit or debit card or other method of payment that you provide to Pixelbionic, Inc. or its third-party payment processor to contribute your donation; (c) you have provided and will maintain truthful, accurate and complete information to Pixelbionic, Inc., including, without limitation, your legal name, address, email address, and any other registration information Pixelbionic, Inc. may reasonably require; (d) your access to and use of our web site or any part thereof, your donation and your receipt of the rewards we provide will not constitute a breach or violation of any other agreement or any law or regulation to which you are subject; and (e) you will immediately notify Pixelbionic, Inc. in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person.
5. Registration. To make a donation [and view certain “Supporter only” content,] you may be required to register with the Pixelbionic, Inc. and select a screen name ("User ID") and password. You agree provide accurate, complete, and updated registration information. You agree not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. Pixelbionic, Inc. reserves the right in its sole discretion to refuse registration of or cancel a User ID and account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You agree never use another User’s account without the other User’s express permission.
7. Limitation of Liability. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THIS WEB SITE AND ALL REWARDS (INCLUDING THE GAME) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pixelbionic, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION, Pixelbionic, Inc. MAKES NO WARRANTY THAT THE REWARDS (INCLUDING THE GAME) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PROVIDED TO YOU WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability. IN NO EVENT SHALL Pixelbionic, Inc., NOR ITS AFFILIATED COMPANIES OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE DONATIONS OR DISTRIBUTION OF THE GAME (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Electronic Delivery, Notice Policy, and Your Consent. By making a donation, you consent to receive from Pixelbionic, Inc. all communications including notices, agreements, legally required disclosures, or other information in connection with the donation (collectively, "Donation Notices") electronically. Pixelbionic, Inc. may provide the electronic Donation Notices by posting them on the Site.
10. Governing Law. This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England; and the parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims), without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS OR REPRESENTATIVE LEGAL ACTION, UNLESS BOTH YOU AND Pixelbionic, Inc. AGREE OTHERWISE IN WRITING.
11. Integration and Severability. This agreement and other referenced material are the entire agreement between you and the Pixelbionic, Inc. with respect to your donation, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Pixelbionic, Inc. with respect to the donation and govern the future relationship. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms and conditions of this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12. Security. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by Pixelbionic, Inc.. Pixelbionic, Inc. shall not be responsible for any harm that you or any person may suffer as the result of data loss or security breach with respect to information you transmitted to the site.
13. No Partnership. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
14. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Stainless Game’s prior written consent. Pixelbionic, Inc. reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
15. Miscellaneous. Pixelbionic, Inc. shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Pixelbionic, Inc.’ reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys' fees. and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
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