The following license agreement is needed because payment processors are overly cautious with fundraising campaigns like this one. It is the only way for us to raise funds without fear that our backer’s payments will be deemed high-risk and subsequently blocked.
Dream Reactor LLC – Spellweaver Backer Agreement
By backing Spellweaver (the “Game”), you agree to the following terms and conditions between You and Dream Reactor LLC regarding your donation to the development of Spellweaver.
1. Donations. Dream Reactor LLC will make every reasonable effort to complete the Game and fulfill the backers’ rewards regardless of the amount of funds raised. However, all backer payments made to Dream Reactor LLC are strictly donations and are not consideration for any service or product. Any funds gathered will be used on the discretion of Dream Reactor LLC to cover costs related to the development and production of the Game. A donation cannot be cancelled or returned once it has been completed, whether or not Dream Reactor LLC manages to meet the estimated delivery date, complete the Game or fulfull the rewards.
2. Rewards. You understand that Dream Reactor LLC cannot guarantee that the rewards (listed by backer’s tier here: ) will be delivered by the estimated delivery date. Dream Reactor LLC will make every commercially reasonable effort to meet the delivery date and fulfill the rewards in the Game after it is released, but the estimated delivery date stated is merely an estimate of when Dream Reactor LLC believes to fulfill them by. Dream Reactor LLC doesn’t currently have a firm date for release of the Game or the Game’s Open Beta.
3. No Obligation. Dream Reactor LLC will use all funds gathered directly for the development of the Game in a prompt manner and to the highest standards of quality. However, circumstances out of Dream Reactor LLC’s control may make it impossible for Dream Reactor LLC to complete the Game on time or at all. Dream Reactor LLC is under no obligation to complete the Game, or in the case completion becomes impossible, provide any of the rewards listed or return any of the donations it has received.
4. Eligibility. To be eligible to make a donation and become a Backer you must be of legal age. You hereby represent and warrant to Dream Reactor LLC 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 Dream Reactor LLC or its third-party payment processor to contribute your donation; (c) you have provided and will maintain truthful, accurate and complete information to Dream Reactor LLC, including, without limitation, your legal name, address, e-mail address, and any other registration information Dream Reactor LLC 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 Dream Reactor 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. You understand that in order to receive your in-game rewards, you must be able to run the Game’s client software and register for a Game account with a screen name, e-mail address, password and/or other registration information. Rewards delivered digitally, such as Digital Soundtrack or Digital Artbook, will be delivered to the e-mail address you provided when making your donation. You may be required to prove ownership of any e-mail addresses you have provided Dream Reactor LLC with.
You agree to provide truthful, accurate, complete, and updated registration information. You agree to not use as part of your registrtion information 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. Dream Reactor LLC reserves the right in its sole discretion to refuse registration of or cancel a user’s account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You agree to never use another user’s account without the other user’s express permission.
6. Limitation of Liability. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THIS WEB SITE, THE GAME AND ALL REWARDS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dream Reactor LLC 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, Dream Reactor LLC MAKES NO WARRANTY THAT THE GAME OR THE REWARDS 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.
IN NO EVENT SHALL Dream Reactor LLC, 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.
7. Electronic Delivery, Notice Policy, and Your Consent. By making a donation, you consent to receive from Dream Reactor LLC all communications including notices, agreements, legally required disclosures, or other information in connection with the donation (collectively, “Donation Notices”) electronically. Dream Reactor LLC may provide the electronic Donation Notices by posting them on the Site.
8. Security. The site and the Game have state of the art security protections in place to ensure that no data we store or process is lost, misused or altered. However, Dream Reactor LLC cannot guarantee against data loss or full confidentiality of use. Dream Reactor LLC cannot be held resposible for any damages suffered by you or any other person as the result of a security breach or data loss with respect to information that was transmitted to the site or in the Game.
9. Exclusivity. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Bulgaria. If any of the agreed clauses of this contract violates imperative regulations of the Bulgarian law, then such a clause is void and has no legal effect.
11. Miscellaneous. Dream Reactor LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dream Reactor LLC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. 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. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. You may not assign, transfer or sub-license this Agreement except with Dream Reactor LLC’s prior written consent. Dream Reactor LLC reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Dream Reactor LLC in any respect whatsoever.