1. Welcome to Apocalypse Now!
We may change the User Agreement from time to time. If we do, we will let you and other users of the Service (“Users”) know about any material changes, either by notifying them on the Site or by sending them an email and we will inform Users the exact date they go into effect. If you keep using the Service after a change that means you accept the new User Agreement, which may include application of such new terms to arrangements previously agreed.
2. About Creating an Account
You can browse some of the Site without registering for an account. In order to use some of Services and to obtain an account, you’ll need to register, choose an account name, back a “Pledge Tier” and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to firstname.lastname@example.org.
Only natural persons, not legal entities (e.g., corporations and partnerships), may establish an account. You must be at least 13 years of age in order to establish an account By entering into the User Agreement and creating an account, you represent that either you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside or your parent or guardian agrees that you may enter into the User Agreement. In our discretion, we may ask Users for proof of age and/or evidence of such parent or guardian agreement.
The 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 your child under 13 has accessed the Site or Services, please so inform us immediately so that we may remove any personally identifiable information they may have provided.
3. How Funding Works
The Services are raising funds for the Apocalypse Now! Game as described on the Site (the “Game”). We are inviting other people to back the Game and form a contract with us. Anyone who backs the Game through the Site (“Backers”) is accepting our offer, and forming that contract.
These are the terms that apply when backing the Game:
- Selecting a Pledge Tier. When you initially establish your account, you must indicate the level at which you are backing the Game, i.e. the amount you are pledging (your “Pledge”) for the Game, by selecting one of the tiers listed on the Site (each a “Pledge Tier”).
- Backers can change or cancel their Pledge at any time before the Game reaches the funding level sufficient at which Erebus decides to proceed with the development of the Game (the “Trigger Point”). Erebus will announce on the Site when it achieves the Trigger Point. Erebus anticipates that if the Trigger Point occurs, it will be before Erebus receives commitments sufficient to entirely fund the development of the Game. In that case, Erebus will start Game development, but anticipates continuing to accept Pledges for the Game. Backers can increase, decrease, or cancel their Pledge at any time prior to the Trigger Point. After the Trigger Point, Backers can’t decrease or cancel their Pledge. For as long as the fundraising campaign remains open, you may increase the amount of your Pledge through the Site and Service.
- Erebus will reserve the exact amount of your Pledge on the credit card you specify as part of your account set-up. We and our payment processors may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full Pledge, at any time between the Pledge commitment and the collection of funds. If and when the Trigger Point occurs, we or our payment processors will charge to your credit card the amount of all Pledges to that point. After the Trigger Point, any new Pledges or increases in Pledges will be charged immediately.
- Pledges are a deposit for our expenses. Your Pledge is a deposit to be used for (a) the production and delivery costs (“Rewards Costs”) for the relevant rewards for each Pledge Tier as specified on the Site (“Rewards”), and (b) the development and production cost of the Game, the costs of Site and the other Services, and Erebus’ operating expenses (the “Game-Related Costs”).
- The Estimated Delivery Dates are Erebus’ Estimates. The delivery date listed on each Reward is our estimate of when we will provide that Reward—not a guarantee to fulfill by that date. The schedule may change as we work on the Game. We are reasonably confident in hitting our target dates and agree to communicate with Backers about any changes.
- Erebus may need to send Backers questions about their Rewards. To deliver Rewards, Erebus might need information from Backers, like their mailing address or t-shirt size. To receive the Reward, you’ll need to provide the information in a reasonable amount of time.
- Pledges become non-refundable. Your Pledge shall be earned by us and become non-refundable to the extent that it is used for the Rewards Costs and/or the Game-Related Costs, with your Pledge being applied as follows: first to fund your Rewards Costs, and then on a pro rata pari passu basis with all other Backers and funding sources for Game-Related Costs.
4. Our Obligation to Complete the Game and Provide Rewards
If the Trigger Point does not occur within a reasonable period of time following the launch of this Site (as determined by Erebus), Erebus may cancel this campaign and stop accepting Pledges. In such a case, Erebus will not charge any credit cards for Pledges or, if a card was inadvertently charged for a Pledge, Erebus will credit back to that card the amount charged.
If the Trigger Point occurs, Erebus agrees to use good faith efforts to complete the Game and deliver the Rewards. Once Erebus has completed the Game and delivered the Rewards, we’ve satisfied our obligation to our Backers and all amounts pledged become nonrefundable.
Throughout the process, we commit to provide our Backers a high level of effort, clear and truthful communication, and every effort to complete the Game to the best of our ability.
At the same time, Backers must understand that the Game involves the creation of something entirely new. There may be changes or delays, and there’s a chance something could happen that prevents us from being able to finish the Game or deliver Rewards as or when intended or at all. For example, completing the Game and delivering Rewards may cost more money than we are able to obtain through crowdfunding or other sources or we may be unable to retain the personnel needed to deliver the quality product that we require. These and other problems may impact whether and when we are able to deliver.
For the avoidance of doubt, in consideration of our good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any amounts applied against Rewards Costs and Game-Related Costs are deemed earned by us and non-refundable, regardless of whether or not we are able to deliver the Rewards and/or complete the Game.
If we are not able to deliver the Rewards and/or complete the Game, we agree to refund any unearned portion of your funds (in proportion to the amounts pledged relative to other Backers and other funding sources) and to post a cost accounting on the Site to fully explain the use of the amounts paid for Rewards Costs and the Game-Related Costs or else explain how those funds will be used to complete the Game and provide Rewards in some alternate form. In consideration of these promises, you agree that you hereby irrevocably waive any claim for refund of any amounts paid that have been used for the Rewards Costs or Game-Related Costs.
You acknowledge and agree that the Game and the Rewards delivered to you may differ in certain respects from the description of the Game and those Rewards that were available on the Site at the time of your Pledge.
5. Other Websites
This Site contains links to other websites. (For instance, comments or the user forum may link to other sites, or the forum itself may be hosted on another site.) When you access third-party websites, you do so at your own risk. We do not control those sites.
6. Erebus' Intellectual Property
The Game, Site and Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Game, Site or Services.
7. User’s Grant of License
By posting or submitting content to the Site or other Services, you grant Erebus and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote your content in any form, anywhere and for any purpose. You warrant and represent that you have the right to grant these rights and licenses and that the public posting and use of your content by Erebus will not infringe or violate the rights of any third party.
8. Copyright Issues
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Erebus complies with that law and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If users would like to submit a claim of copyright infringement, please visit our Copyright Policy.
9. Terminating Your Account
Users can terminate their account at any time for any or no reason. We may terminate your account and your right to access the Site and Services if you breach the User Agreement or as set forth elsewhere in these Terms or elsewhere in the User Agreement.
All provisions of the User Agreement survive termination of an account, including our rights regarding any content Users have already submitted to the Site. After your account is terminated, we may delete all your account information and content and you will have no further access to your account.
In any case, if you cancel your account or we terminate your account for good cause, no refund will be granted and no additional Rewards will be provided to you.
10. Our Rights
To the fullest extent allowed by applicable law, Erebus reserves these rights:
- We can make changes to the Site and Services without notice or liability.
- We have the right to decide who’s eligible to use the Site and/or the Services. For good cause, we can cancel accounts or decline to offer our Services—especially if you’re abusing them. We can change our eligibility criteria at any time. If these things are prohibited by law in the jurisdiction where you live, then we immediately revoke your right to use the Services in that jurisdiction.
- We have the right to cancel any Pledge to the Game, at any time for breach of the User Agreement or any other good cause.
11. Warranty Disclaimer
To the fullest extent allowed by applicable law:
- You use the Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
- Erebus specifically disclaims any and all warranties and conditions of merchantability, satisfactory quality, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade regarding the Services, the Game and Rewards.
- No information (oral or written) obtained by you from Erebus shall create any warranty.
12. Limitation of Liability
To the fullest extent allowed by applicable law, in no event will Erebus, its directors, employees, partners, affiliates, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement of substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall Erebus’ liability for direct damages to You be in excess (in the aggregate) of the total of all Pledges for the Game funded by you. The foregoing limitations do not apply to liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded. Any additional legal rights which you may have as a consumer remain unaffected by these terms.
13. Governing Law and Dispute Resolution
You agree that the User Agreement shall be deemed to have been made and executed in the State of California, U.S.A. Subject to Section 14, the User Agreement and any dispute arising hereunder or otherwise relating to the Service or the Site shall be resolved in accordance with the law of the State of California, without giving effect to any principles of conflicts of law and without application of the Uniform Computer Information Transaction Act or the United Nations Convention on Contracts for International Sale of Goods.
In the event of a dispute relating to the User Agreement, including these Terms, or your use or non-use of the Site or Services, an amicable solution will be sought before any legal action.
For All Users Outside the European Union:
Subject to Section 14 below, you agree that any action at law or in equity arising out of or relating to the User Agreement, including these Terms, or your use or non-use of the Site or Services, shall be filed only in the state or federal courts located in San Francisco County, California, USA and you hereby consent and submit to the personal jurisdiction and venue of these courts for the purposes of litigating any such action.
For Users Inside the European Union:
If you reside in the European Union, you can file a dispute related to the User Agreement, including these Terms, or your use or non-use of the Site or Services, at email@example.com. If you and we fail to resolve the dispute, you may, within one year of the failed dispute request, file an online complaint on the European Commission’s Online Dispute Resolution website, or on the European Consumer Center’s website. If that out-of-court dispute resolution fails, the dispute may be brought before the competent courts.
14. Binding Arbitration and Class Action Waiver
14.1 Scope. This Section 14 shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section notwithstanding Section 13, such provisions will not apply to you. In particular, if you reside in the European Union, this Section 14 does not apply to you.
14.2 Binding Arbitration. Either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the User Agreement, including these Terms, or your use or non-use of the Site or Services (“Disputes”), shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. The Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, and enforceability of this Section 14, notwithstanding any other choice of law provision contained in these terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes, including whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The arbitration will take place at any reasonable location within the United States convenient for you. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
14.3 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and we agree that Disputes may be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14.4 Exception - Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
14.5 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration" and "Class Action Waiver" Sections above by sending written notice of your decision to opt-out to the following address: firstname.lastname@example.org. The notice must be sent within 30 days of the earlier of you (a) first register for an account on the Site or (b) commence use of the Site or our Services. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
14.6 Changes to this Section. We will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
15. Void Where Prohibited
Although the Site is accessible worldwide, not all Services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any Services to any person or geographic area. Any offer for any Services made on the Site is void where prohibited. If you choose to access the Site or the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
16. Other Terms
The User Agreement is the entire agreement between you and Erebus with respect to the Site and Services. It supersedes all other communications and proposals (whether oral, written, or electronic) between you and Erebus with respect to the Site and Services and governs our relationship. Erebus shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control. If any provision of the User Agreement is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the User Agreement otherwise will remain in full force and effect and enforceable. The failure of either you or Erebus to exercise any right provided for in the User Agreement in any way won’t be deemed a waiver of any other rights.
The User Agreement is personal to you. You can’t assign or transfer the User Agreement, or sublicense your rights thereunder unless you get Erebus’ prior written consent. Erebus has the right to assign, transfer, or delegate any of its rights and obligations under the User Agreement without your consent; provided that any such assignee will be bound to perform the User Agreement to the same extent as Erebus was bound to perform the User Agreement. Erebus will provide you notice via email, written notice, or by conspicuously posting the notice on the Site.