GameLaunched is a platform where users ("Campaign Creators") run campaigns to fund projects by offering rewards to raise money from other users ("Backers"). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Campaign Creators, Backers, and other visitors to and users of the Service (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. "User Submissions" means any Content Submitted by Users.
Acceptance of Terms
GameLaunched, LLC and GameLaunched.com reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. GameLaunched reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. GameLaunched might, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
Rules and Conduct
- You know is false or misleading.
- Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract.
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party you know is false, misleading, or inaccurate.
- Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters.
- Impersonates any person or entity, including any employee or representative of GameLaunched is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy.
- Making a breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- Take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company's or its third-party providers' infrastructure.
- Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
- Bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service.
- Run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the GameLaunched Site.
- Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction.
- Modify, translate, or otherwise create derivative works of any part of the Service; or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
- Launch Crew, our panel is donating their time and opinion to Campaigns with no compensation, gifts, or materials to influence their vote. All voting within the Launch Crew will remain private. NO Campaign Creators have the right to directly contact, influence or buy votes prior to being selected a featured campaign. Launch Crew members opinions or votes do not reflect the opinions or views of their companies, blog, magazine, websites, or any other source of employment.
Campaign Creators agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Campaign Creator's Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Campaign Creator's Project.
- is the name of another person, with the intent to impersonate that person
- is subject to any rights of another person, without appropriate authorization
- is offensive, vulgar, or obscene
- GameLaunched reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. 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 shall never use another User account without the other User's express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
GameLaunched.com is a platform where Campaign Creators run campaigns to fund projects by offering rewards to raise money from Backers. By creating a fundraising campaign on GameLaunched, you as the Campaign Creator are offering the public the opportunity to enter into a contract with you. By backing a fundraising campaign on GameLaunched, you as the Backer accept that offer and the contract between Backer and Campaign Creator is formed. GameLaunched is not a party to that agreement between the Backer and Campaign Creator. All dealings are solely between Users.
By backing or creating a fundraising campaign on GameLaunched, you agree to be bound by this entire Agreement, including the following terms:
- Backers agree to provide their payment information at the time they pledge to a campaign. The payment will be collected at or after the campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the fundraising goal. The amount Backers pledge is the amount they will be charged.
- Backers consent to GameLaunched and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
- Backers agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
- Backers may increase, decrease, or cancel their pledge at any time during the fundraising campaign, except that they may not cancel or reduce their pledge if the campaign is in its final 24 hours and the cancellation or reduction would drop the campaign below its goal.
- The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Campaign Creator hopes to fulfill by.
- Campaign Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
- For all campaigns, GameLaunched gives to the Project Creator each Backer's User ID and pledge amount. For successful campaigns, GameLaunched additionally gives to the Campaign Creator each Backer's name and email.
- For some rewards, the Campaign Creator needs further information from Backers, such as a mailing address to enable the Campaign Creator to deliver the rewards. The Campaign Creator shall request the information directly from Backers at some point after the fundraising campaign is successful. To receive the reward, Backers agree to provide the requested information to the Campaign Creator within a reasonable amount of time.
- GameLaunched does not offer refunds. A Campaign Creator is not required to grant a Backer's request for a refund unless the Campaign Creator is unable or unwilling to fulfill the reward.
- Campaign Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
- Campaign Creators may cancel or refund a Backer's pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
- Because of occasional failures of payments from Backers, GameLaunched cannot guarantee the receipt by Campaign Creators of the amount pledged minus fees.
- GameLaunched and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
- GameLaunched reserves the right to cancel a pledge at any time and for any reason.
- GameLaunched reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. GameLaunched is not liable for any damages as a result of any of those actions. GameLaunched's policy is not to comment on the reasons for any of those actions.
- Campaign Creators should not take any action in reliance on having their campaign posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising campaign and access to the funds.
- GameLaunched is not liable for any damages or loss incurred related to rewards or any other use of the Service. GameLaunched is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. GameLaunched does not oversee the performance or punctuality of projects. You release GameLaunched, its officers, employees, agents, and successors in rights 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 Service.
Fees and Payments
GameLaunch is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
Funds pledged by Backers are collected by WePay.com. GameLaunched is not responsible for the performance of WePay.com.
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Use of Widgets
GameLaunched may give you the opportunity to post a "widget," or code that creates a GameLaunched graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of GameLaunched widgets is subject to this Agreement, that you will not post any GameLaunched widget on a web page containing content that is prohibited under this section of this Agreement, and that you will remove all GameLaunched widgets immediately upon termination of this Agreement.
Content and License
You agree that the Service contains Content provided by GameLaunched and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
GameLaunched grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Copyright Infringement and DMCA Policy
At GameLaunched we respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website or Services.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Our copyright agent for notice of claims of copyright infringement on the Website or the Services can be reached by mail at: Copyright Agent, 16 Valley Ridge Road South Burlington, VT 05403, or by email at firstname.lastname@example.org
By Submitting User Submissions on GameLaunched or otherwise through the Service, you agree to the following terms:
- The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company's (and its successors' and assigns') businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
- You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
- You grant to each User a non-exclusive license to access your UserSubmissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
- You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant GameLaunched all of the license rights granted herein.
- The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- The Company will not be liable for any errors or omissions in any Content.
- The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
- In accordance with the Digital Millennium Copyright Act, GameLaunched has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. GameLaunched also may terminate User accounts even based on a single infringement.
Representation and Warranty
To the extent permitted under applicable laws, you hereby release GameLaunched from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any User of the Services, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Registered User; (c) any loss or damage caused by Content posted on the Services or transmitted by and to Registered Users, or any interactions between users of the Websites and/or Registered Users, whether online or offline; (d) your transportation to or from, attendance at, or the actions of you or other persons at, Events; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Visitor or Registered User communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree to indemnify, defend and hold harmless GameLaunched, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Website or Services, including any Groups or Channels you participate in (except to the extent prohibited by law), or, if you are an Organizer, your Groups and/or Events; (ii) your violation of these Terms of Service; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Website or Services; (v) any planned or unplanned system downtime.
THIS WEBSITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY GAMELAUNCHED "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GAMELAUNCHED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
We make no warranty that the Website or Services will meet your requirements, or that the Website and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Website or Services, or that defects in the Website or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Website, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Service.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY OTHER REGISTERED USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND THE SERVICES. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER REGISTERED USERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY REGISTERED USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR, OR TAKE ANY APPROPRIATE ACTION REGARDING, DISPUTES THAT YOU MAY HAVE WITH CAMPAIGN CREATORS OR OTHER USERS OF THE WEBSITE.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Vermont and the United States, 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 of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over GameLaunched or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Vermont. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in the State of Vermont and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.