Terms and conditions
Rev. 1.0 of 04 October 2019
These Terms and Conditions (hereinafter, referred to as “the Terms”) for the website www.mundfish.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you” or “your”) of the Website and Mundfish Ltd (hereinafter, referred to as “MUNDFISH”, “we”, “us”, “our”). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. MUNDFISH grants you the right to use the Website only in case that you agree to the Terms.
1. The Website
1.1 The Website is a crowdfunding website allowing the users of the Website to pledge money in order to support the development of the game project, preliminary known as “Atomic Heart” (action RPG with FPS elements set in the alternate version of the USSR, hereinafter referred to as the Game Project). Crowdfunding can be defined as collecting of funds with the aim to support this Game Project by collecting relatively small financial contributions from a large number of natural or legal persons.
2. The users of the Website
2.1 The users of the Website can be natural persons or legal entities who want to fund the Game Project.
2.2 If Crowdfunding is illegal in your country of nationality or residence, you’re not permitted to crowdfund the Game Project.
3. Crowdfunding the Game Project
3.1. MUNDFISH is conducting a crowdfunding campaign to support the development of the Game Project. You do not purchase anything, you make a pledge towards the development of the Game Project. Your pledge entitles you to receive the selected in-game items when they are developed and introduced into the Game Project. Please read this clause carefully to understand the differences between crowdfunding and a purchase.
3.2. MUNDFISH is raising funds for the Game Project and other MUNDFISH Services. The “MUNDFISH Services” shall mean the Website, the Game Project, and any other product or online service offered or made available by MUNDFISH. You may select one or more of the pledges for in-game items, the Game Project and/or services (“Pledge Item(s)”) offered on the Website and pay the indicated amount(s) (the “Pledge Funds”) in accordance with the following terms agreed between you and MUNDFISH.
3.3. Your Pledge Funds are a deposit to be used for the development and production cost of the Game Project, including the Pledge Items, and the costs of operating and hosting the Game Project, the Website and the other MUNDFISH Services, as well as MUNDFISH’s corporate expenses associated with the foregoing (the “Game Cost”).
3.4. The Pledge Funds will be earned by MUNDFISH at the earlier of:
- when the Pledge Item becomes functional in the Game Project, or
- when your Pledge Funds have been expended for the Game Cost.
3.5. Notwithstanding anything to the contrary in these Terms, you may cancel your order of Pledge Items for any reason within 14 days of the date on which you have received your Pledge Item and/or Game Project (“Cancellation Period”).
To cancel your order during the applicable Cancellation Period, you simply need to notify us in writing of your decision to cancel your order. You can cancel your order during the applicable Cancellation Period by emailing us at email@example.com.
If you cancel your order during the applicable Cancellation Period, we will without undue delay, and in any event within fourteen (14) days from the date on which we receive notice of your decision to cancel your order, fully refund to you the respective Pledge Funds. In accordance with applicable financial control and banking rules, we reserve the right to refund you using the same means of payment as you used to make your order.
If you already have received your Game Project and cancel your order within the applicable Cancellation Period, we will remove the relevant Game Project you ordered once we have processed your cancellation notice and you will no longer be able to access or use the Game Project.
3.6. MUNDFISH agrees to use its good faith business efforts to deliver to you the Game Project as soon as possible. You agree that any unearned portion of your Pledge Funds shall not be refundable until and unless MUNDFISH has ceased development and failed to deliver the relevant the Game Project to you. In consideration of the promises by MUNDFISH hereunder, you agree that you irrevocably waive any claim for a refund of your Pledge Funds except as set forth in the preceding sentence.
3.7. For the avoidance of doubt, following the Cancelation Period, in consideration of MUNDFISH’s good faith efforts to develop, produce, and deliver the Game Project and the other MUNDFISH Services with the funds raised, you agree that all earned Pledge Funds shall be non-refundable regardless of whether or not MUNDFISH is able to complete and deliver the Pledge Item(s), the Game Project and/or the other MUNDFISH Services. In the unlikely event that MUNDFISH is not able to deliver the Pledge Item(s), the Game Project and MUNDFISH Services, MUNDFISH agrees to refund any unearned portion of your Pledge Funds, and to post an audited cost accounting on the Website to fully explain the use of the funds raised for the Game Cost.
3.8. You acknowledge and agree that the Game Project and the Pledge Item(s) delivered to you may differ in certain aspects from the description of the Game Project and the Pledge Item(s) on the Website at the time of your Pledge, due to the evolving design of the Pledge Item(s) or the Game Project during development.
4. Testing of the Game Project
4.1. In its sole discretion, MUNDFISH may contact you, or invite you via a website posting as part of a wider testing and bug reporting program, to review and evaluate the version of the Game Project, aspects or modules of the Game Project, or online features (hereafter “Beta Version”) for the purpose of identifying program errors. You will be asked to provide to MUNDFISH (and to MUNDFISH only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Beta Version. This process is referred to herein as a “Beta Test.” If it is a closed Beta Test, MUNDFISH may ask you to enter into an Beta Version software confidentiality agreement BEFORE you will be allowed to be a tester and BEFORE any Beta Version will be provided or made accessible to you. In such case, your participation as a Tester is subject to the Tester Confidentiality Agreement, in addition to the following terms and conditions which apply to all Beta Tests.
4.2. In connection with the Beta Test, MUNDFISH may provide you, on a temporary basis, Beta Versions, as well as confidential and proprietary information (collectively, “Beta Materials”). You understand and agree that the Beta Materials are confidential or proprietary information of MUNDFISH. You agree as a condition of participating in an Beta Test to (i) not copy or reproduce the Beta Materials, (ii) safeguard the Beta Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Beta Materials, and (iii) if applicable, fully comply with the terms and conditions of the Tester Confidentiality Agreement.
4.3. You agree to carry out the testing personally and not provide access to Beta Materials to any other person. You agree that a breach of the above obligations will cause irreparable harm to MUNDFISH, and MUNDFISH is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Materials confidential will continue until MUNDFISH publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Beta Materials that you are testing.
4.4 Upon our request, you agree to immediately return to MUNDFISH all copies of the Beta Material which MUNDFISH provided to you and delete any copies that may remain on any media or storage within your custody or control.
As a Tester, you are invited to play Beta Versions for the sole purpose of evaluating the Beta Versions and identifying errors. Nothing in these Terms shall be construed as granting you any rights or privileges of any kind with respect to the Beta Versions or other related MUNDFISH Content.
4.5. THE BETA VERSIONS ARE PROVIDED FOR TESTING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
4.6. When playing Beta Versions, you may accumulate Pledge Item(s) or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Beta Version completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
4.7. By selecting a “Play” button to start a Beta Version, you agree that: (i) playing Beta Versions is at your own risk and you know that the Beta Versions may include known or unknown bugs, (ii) any Pledge Item(s) or other value or status indicators that you achieve through game play may be erased at any time, (iii) MUNDFISH has no obligation to make these Beta Versions available for play with or without charge for any period of time, nor to make them available at all, (iv) you may need to pay a subscription or access fee in order to access these Beta Versions once the Beta Test process is complete or at any time in the future; (v) these Terms apply to your use of the Beta Versions during the Beta Test, and (vi) if it is a closed Beta Test, you will keep all information about the Beta Materials confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
5. MUNDFISH’s Content
5.1 The MUNDFISH Services, the Pledge Item(s) and/or the Game Project contains materials that are owned by MUNDFISH (hereinafter, referred to as “MUNDFISH’s Content”). Such materials include, but are not limited to text, photos, and source code. MUNDFISH’s Content is intellectual property of MUNDFISH. MUNDFISH’s Content is protected by the intellectual property law of Cyprus and the applicable international intellectual property laws.
6. A license to use the MUNDFISH Services, the Pledge Item(s) and the Game Project
6.1 Subject to the provisions in the Terms, MUNDFISH grants you a personal, nonexclusive, nontransferable, non – sublicenseable, limited license to use the MUNDFISH Services, the Pledge Item(s) and/or the Game Project.
7. License restrictions
7.1 Unless explicitly allowed in the Terms or explicitly allowed by MUNDFISH, you may not: (i) copy the MUNDFISH’s Content; (ii) distribute the MUNDFISH’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on MUNDFISH’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the MUNDFISH’s Content to third parties.
8.1. All MUNDFISH’s Content featured or displayed in or through the MUNDFISH Services, the Pledge Item(s) and/or the Game Project and all trademarks, service marks and trade names of MUNDFISH included therein, are intellectual property of MUNDFISH, its licensors, vendors, agents and/or other content providers.
9. Your warranty to MUNDFISH
9.1. You represent and warrant that: (i) you have the right and authority to bind yourself to these Terms; (ii) you will use the MUNDFISH Services, the Pledge Item(s) and the Game Project only for purposes that are permitted by these Terms; and (iii) your use of the MUNDFISH Services, the Pledge Item(s) and the Game Project will comply with all applicable laws.
11.1. We will use reasonable efforts to make the MUNDFISH Services, the Pledge Item(s) and the Game Project available at all times. However, you acknowledge that the MUNDFISH Services, the Pledge Item(s) and the Game Project is provided over the Internet and so the quality and availability of the MUNDFISH Services, the Pledge Item(s) and the Game Project may be affected by factors outside our reasonable control.
11.2. We do not accept any responsibility for unavailability of the MUNDFISH Services, the Pledge Item(s) and the Game Project due to bandwidth problems, equipment failure, or acts of God.
12. Disclaimer of Warranties and Indemnification
12.1 MUNDFISH IS LICENSING THE MUNDFISH SERVICES, THE PLEDGE ITEM(S) AND THE GAME PROJECT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” MUNDFISH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE MUNDFISH SERVICES, THE PLEDGE ITEM(S) AND/OR THE GAME PROJECT. MUNDFISH HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE MUNDFISH SERVICES, THE PLEDGE ITEM(S) AND/OR THE GAME PROJECT AND THEIR OPERATION. MUNDFISH EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
13.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MUNDFISH BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE MUNDFISH SERVICES, THE PLEDGE ITEM(S) AND THE GAME PROJECT, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MUNDFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.1You agree to indemnify and hold harmless MUNDFISH and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the MUNDFISH Services, the Pledge Item(s) and the Game Project from any and all claims arising from your use of the MUNDFISH Services, the Pledge Item(s) and the Game Project.
15.1 These Terms are effective until terminated.
15.2 MUNDFISH may terminate the Terms at any time at its sole discretion with or without notice to you. Additionally, your rights under these Terms will terminate automatically if you fail to comply with any of the provisions contained in the Terms.
15.3 Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the MUNDFISH Services, the Pledge Item(s) and the Game Project.
16. Governing Law
16.1 The Terms shall be governed by the laws of Cyprus. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Nicosia, Cyprus for all disputes arising out of or relating to these Terms.
16.2 MUNDFISH is controlled and operated from its facilities in Cyprus. MUNDFISH makes no representations: (i) that the use of the MUNDFISH Services, the Pledge Item(s) and/or the Game Project is legal in other jurisdictions; (ii) and that the MUNDFISH Services, the Pledge Item(s) and/or the Game Project is or shall be available for use in other jurisdictions. If you access the MUNDFISH Services, the Pledge Item(s) and/or the Game Project from other jurisdictions, you are solely responsible for compliance with any applicable laws, including, but not limited to, export and import regulations.
17. Amendment of these Terms
17.1 MUNDFISH reserves the right to modify or amend these Terms from time to time without notice. If you continue using the MUNDFISH Services, the Pledge Item(s) and/or the Game Project following the posting of changes to the Terms, you declare that you accept those changes.
18. Contacting Us
18.1 If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org