Contribution Terms [Updated on 21st AUG 2013]
Creative Intelligence Arts, Inc. (the “Company”), via the website located at www.projectphoenix.info (the “Website”), is raising funds for a Japanese role-playing game codenamed “Project Phoenix” (the “Game”).
The Website lists various financial contributions that users of the Website can pledge to make to the development of the Game in return for pledge items.
You may use the Website to pledge one or more contributions (each a “Contribution”) relating to respective pledge items (the “Pledge Items”) in accordance with the following agreement between the Company and You:
- Upon selection of a Contribution, your payment (the “Payment”) will be collected through an independent third party payment provider, such as PayPal. By using a provider’s service you agree to the terms and conditions applicable to that service. The Company does not receive any confidential payment data from any provider, and the Company is not responsible for any provider’s performance. Any separate charges or obligations that you incur in your dealings with a provider are your responsibility. The Company reserves the right to change the available payment providers at any time.
- The Payment is used for the development and production cost of the Game, including the Website cost, the production and delivery cost for the Pledge Items, and the Company’s corporate expenses associated with the foregoing (the “Game Costs”).
- The Company agrees to use its good faith business efforts to deliver to you the Pledge Items on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by the Company since unforeseen events may extend the development and/or production time of the Game.
- In consideration of the Company’s good faith efforts to develop, produce and deliver the Game with the funds raised, you agree that any portion of the Payment used for the Game Costs shall be non-refundable regardless of whether or not the Company is able to complete and deliver the Game. You agree that any portion of the Payment not used for the Game Costs will become refundable only if the Company has not delivered the Pledge Items to you within 12 months after the estimated delivery date.
- In the unlikely event that the Company is not able to deliver the Game, the Company agrees to post an audited cost accounting on the Website to fully explain the use of the Payment, and any similar payments received, for the Game Costs. In consideration of the promises by the Company in this agreement, you agree to irrevocably waive any claim for refund of any portion of the Payment that has been used for the Game Costs in accordance with the terms of this agreement.
- To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with the Company or its licensors is to claim a refund under the terms of this agreement. In no case will the liability of the Company or its licensors, affiliates, employees, officers or directors (collectively the “Company’s Affiliates”) exceed the amount of the Payment. In no case will the Company or the Company’s Affiliates be liable for incidental or consequential damages arising from your use of the Company’s services or your Contribution. To the extent that some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, liability of the Company and the liability of the Company’s Affiliates will be limited to the fullest extent permitted by law.
- This agreement is governed by the laws of Japan and you agree to submit to the exclusive jurisdiction of the courts of Japan for the settlement of any dispute related to the subject matter of this agreement.