The following Terms of Use are a translation. Read the original
Welcome to the Game On Tabletop ® Crowdfunding Platform. These Terms of Use (the " Terms of Use") govern the use of the Game On Crowdfunding Platform, the associated website (www.gameontabletop.com) and the services provided (the " Services ") operated by Black Book Editions ( SARL ), 50 Rue Jean Zay Bat i6, 69800 ST PRIEST, France , registered with the trade and companies register under number 453 888 273 RCS Lyon and its subsidiaries (collectively, " Black Book", "we") to Backers and Project Managers (as these terms are defined below). By accessing and using the Services, Backers and Project Managers agree to be bound by the Terms of Use, the Black Book Privacy Policy, all applicable laws and all conditions and policies referenced herein (collectively, the " Conditions"). The Terms are effective immediately upon access, use or registration in connection with the Game On Crowdfunding Platform. If you do not agree with these terms, you must immediately stop using or accessing the Services.
Black Book may need to modify the content and information on its website as well as the conditions of use, in particular to achieve compliance with all applicable new regulations. If you continue to use Black Book after a change, it means that you accept the new terms.
Definitions
- The term " Backers " defines the person and / or entity contributing to the financing of a Project;
- " Project " means the offer of a specific crowdfunding by a Project Owner using the Service
- The term " Project Manager " defines the person and / or entity offering products and designated to receive payment for a Project;
- The Project Manager and the Backer may collectively be called " you " or a " Party "
The Game On platform - Terms of use
Game On is Black Book's exclusive crowdfunding site for individuals or entities seeking to raise funds for their products. The Project Owner may offer gifts or Rewards in the form of tangible objects or intangible services to Backers.
We remind you that the use of the Site assumes that you have the necessary hardware and software for the use of the Internet.
Moreover, we remind you that since the Internet does not guarantee the security, the availability and the integrity of data transmissions, we cannot be held responsible for errors, omissions, deletions, delays, failures (especially if causes by any form of virus or malware), lines of communication, computer hardware and software over which we have no control or in case of unauthorized use or degradation of any content that you may post on this Site.
You agree to use the information provided on the Site exclusively for the purpose of determining the opportunity to subscribe to a project.
Furthermore, you will indemnify Black Book for all adverse consequences related directly or indirectly to your use of the Service.
The following provisions are expressly brought to your attention. By using this Site, you are prohibited to:
- disseminate harmful, defamatory, unauthorized, malicious, contents or content that infringe privacy or image rights or incites violence, racial or ethnic hatred ;
- use the Site to engage in politics, propaganda or proselytism ;
- publish advertising or promotional content ;
- disseminate information or content likely to offend the sensitivity of the youngest ;
- conduct illegal activities, including copyright infringement on software, trademarks, photographs, images, text, videos etc. ;
- use a defamatory, malicious, username or a username that infringed privacy or image rights or that incites violence, racial or ethnic hatred.
Black Book will not be liable for any damage whatsoever, whether direct or indirect, resulting from the use of this Site.
Creating an account
If you are of legal age, you can use the Services without parental consent. If you are a minor, you may use the Services with the consent and supervision of a legal representative, provided that such legal representative also agrees to be bound by the Terms and agrees to such use of the Services.
You are responsible for all activity on your account and to keep your password confidential. If you discover that someone has gained access to your account without your permission, contact us immediately.
Relationship between Project Manager and Backers
Black Book provides a Crowdfunding Platform for creative projects. When the Project Developer posts a project on the Game On platform, he invites the Backers to form a contract with him. Any Backer who supports a Project accepts the Project Manager's offer and forms a contract directly with the Project Manager.
Black Book is not a part of this Agreement. This contract is a direct and legal agreement between the Project Manager and their Backers.
Once a project is funded by a Backer, the Project Developer commits contractually to that Backer to complete the project and provide each advertised reward. Once the Project Developer has provided these rewards, they have satisfied their obligation to their Backers.
The Project Managers owe their Backers a high level of quality, honest communication and a commitment to bringing the project to completion.
Backers: breach of contract
If a Project Manager is unable to complete his project or to fulfill the Rewards, he does not respect the basic obligations of these Terms of Use. To remedy this, he has committed to use its best efforts to find another way to give life to the project in the best way possible for Backers. A Project Owner in this situation has only remedied the situation and fulfilled his obligations to the Backer if:
- They work with care and good faith to lead the project to the best possible outcome within a reasonable time and expressly communicated with their Backers;
- They are able to demonstrate that they have used the funding in a suitable manner and made all their best efforts to complete the Project under the conditions provided ;
- They issued clear information and made no misrepresentation in their submission to the Backers; and
- They provided repayment of remaining funds to Backers who didn’t received their rewards (as a proportion of pledges), or stated, how these funds will be used to complete the project in another form.
The Project Manager is solely responsible for the proper fulfillment of the promises made throughout their Projects. If they are unable to meet their obligations and / or comply with the Terms of Use, they may be subject to recourse by the Backers.
Backing a project
The estimated delivery date depends on the good faith of the Project Manager and is not guaranteed by Black Book. The schedule can change depending on the work to be done by the Project Manager. The Project Manager must notify the Backers of any changes as soon as possible
To deliver the Rewards, the Project Manager may need additional information from the Backers, such as their email addresses or their t-shirt sizes. In order to receive the Rewards, Backers must provide the requested information within a reasonable period of time, by failing they risk not receiving the rewards.
The responsibility for finishing a Project rests entirely with the Project Manager. Black Book does not hold funds on behalf of the Project Manager, cannot guarantee their work and offers no guarantee of reimbursement.
Black Book Liability Release
Black Book does not oversee the performance of a Project and does not intervene in disputes between Backers and Project Manager. Black Book is not responsible for damages or losses related to the use of the Services by Project Owners or Backers. Black Book does not get involved in disputes between Project Managers and the Backers or any third parties related to the use of the Services. Black Book does not oversee the performance or timeliness of Projects, and does not endorse any content submitted by users to the Website. When you use the Services, you release Black Book of claims, damages, and claims of any kind known or unknown, foreseeable or not, disclosed or undisclosed arising out of or in connection with such disputes and the Services. Any content accessed through the Service is at your own risk. You are solely responsible for all loss or damage caused to any party.
Other websites
If you follow a link to an external site, the responsibility will pass on this site, no longer Black Book. Black Book may contain links to other websites. When you access a third-party site, you do so at your own risk. Black Book does not control and does not endorse these websites.
Intellectual property
Your use of the Services does not grant you any rights whatsoever to any of our trademarks, logos (and any other distinctive signs) or copyrights, trademarks or copyrights of any third parties or any content developed by us or a third party, except as part of your authorized use of the Services.
The rights of Black Book
To operate, Black Book needs to be able to keep control of the contents on the Game On website. Black Book reserves these rights:
- Black Book may make changes to the Game On website and Services without notice or responsibility ;
- Black Book has the right to decide who is eligible or not to use the Game On platform. Black Book may cancel accounts or decline to offer Services. Black Book can change the eligibility criteria at any time;
- Black Book has the right to cancel all project funding, at any time and for any reason, without justification ;
- Black Book has the right to reject, cancel, interrupt, move or suspend any project, at any time for any reason and without justification
Black Book is not liable for damages resulting from any of these actions, and Black Book's policy is not to comment on the reasons for such action.
Warranty statement
The use of the site does not provide the Parties with any warranty of any kind whatsoever to engage Black Book's liability.
Allowance
In the event of a Party's failure to comply with the Terms of Use that may permit Black Book liability, the offending Party undertakes to indemnify and hold Black Book harmless from all liability, claims and expenses (including attorneys' fees and other legal expenses) that would be arising or relate to the use of Black Book by the offending parties. In such a case, Black Book reserves the right to assume its defense which the offending party expressly accepts without this being an exculpatory cause of liability for the offending party.
Limitation of Liability
Unless evidence of his fault is clearly reported, Black Book cannot be held responsible for any damage, direct or indirect, suffered by a Party in the use of the site.
Termination
The Terms of Use apply for access to the Services. Black Book may deny you access to the Services at any time if (i) you violate these Terms, (ii) infringe the intellectual property rights of a third party, or if we are unable to verify or authenticate the information that you you provide us. Termination may result in the forfeiture and destruction of any information associated with a user account. Black Book may retain the information in this account after termination in accordance with regulatory, accounting and legal compliance procedures. In the event of termination, you must immediately stop using the Services.
Applicable law
These terms are governed and interpreted in accordance with the french laws and any disputes relating to the execution, the interpretation, the use of these terms of use and / or the website will be submitted to the competent courts of the court located in lyon, france
Full agreement
The Terms of Use and other documents to which they refer constitute the entire agreement between Black Book, Backers and Project Manager with respect to the Services. They replace all other communications and proposals, whether oral, written or electronic, between Backers and Project Manager with respect to services. If any provision of the Terms is held to be invalid by applicable law that provision will be limited or eliminated to the minimum extent necessary to maintain the Terms in full force and effect. A waiver of the Backers or Project Manager to exercise any right provided in these Conditions of Use shall in no way be taken as a waiver of rights.
The Conditions are personal to you. You may not assign, transfer or sublicense them unless you have Black Book's prior written consent. Black Book has the right to assign, transfer or delegate any of its rights and obligations under these Terms without your consent. Black Book will provide notice by e-mail, written notice or by prominently posting the notice on their website.
Personal data
Black Book collects several types of data through its various online services:
- Identification data (first name, last name, date and place of birth, ...);
- Contact information (telephone number, postal and electronic addresses, etc.);
- Family situation (marital status, marital status, number of children, your income brackets and assets, ...);
- Transaction data (loans, transfers, CB payments, linked to the payments);
- Data specific to the subscription of a project or any other request relating to the use of the Site ;
- Tax data, (country of tax residence, tax identification number, ...);
- Data about your behavior and preferences online when you browse our website or third-party sites or your login data;
- Data from your exchanges with Black Book (chat, emails, ...);
- Data obtained with your consent and / or collected in accordance with the regulations permitted or required.
All this data is usually obtained directly from you, whether by phone, chat or Internet. Black Book may, however, process data obtained from third-party organizations, in particular to fulfill its regulatory obligations or with your consent in connection with the use of certain services.
The communication and processing of data requested by Black Book is essential to the provision of Black Book products and services and / or compliance with the legal and regulatory requirements to which Black Book is subject. Apart from these cases, we do not collect any data without your prior consent.
Finally, we automatically collect certain information about your type of browser and the connection hardware used (computer, mobile device) for the purpose of administration of our systems, fight against fraud, maintenance of the quality of services and provision general statistics concerning their use.
The processing carried out by Black Book has a purpose which is based on the respect of a legal or regulatory obligation, an execution of contract, the consent for the services allowing the synchronization of external documents or the legitimate interest for commercial prospection.
Black Book may be required to provide certain information about you to public authorities upon request, or as part of its regulatory or legal obligations. Black Book may communicate your personal data to its technical service providers, partners, insurance brokers or legal entities of its Group whose intervention is necessary to achieve one of the aforementioned purposes.
We use SSL technologies to ensure the confidentiality of data passing over networks.
To ensure the proper processing of financial transactions, your personal data must be kept and updated regularly for the duration of the period in which you are a backer participating on a project.
In order to meet legal and / or regulatory requirements and / or to respond to requests from the authorities authorized to request them, your personal data will be kept beyond the end of a Project for a period of 5 years.
Finally, some data may be retained and anonymized for statistical purposes.
In accordance with the General Data Protection Regulations, you have the right to access, rectify, erase, limit the processing, portability of your data and define the fate of your data after your death. These rights may be exercised under the conditions and limits referred to in the regulations in force.
You can exercise your other rights as well as contact the delegate Black Book to the protection of personal data ("data protection officer ") by sending an e-mail to the following address: david@gameontabletop.com
You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL), the supervisory authority responsible for compliance with obligations regarding personal data in France.
Legal Notice
Game On® Tabletop is a trademark of Black Book Editions
Black Book Editions SARL, 50 rue Jean Zay Bat i6, 69800 Saint Priest
Siret : 45388827300027
Director of publication: David BURCKLE
Website hosted by: Ovh
Icones Help Desk
Icons made by monkik, Nhor Phai, Smashicons, freepik, graphberry from www.flaticon.com is licensed by CC 3.0 BY