By using the Pledge Manager, you agree to all clauses in the following agreement.
Definitions
Publisher: JELLY JELLY GAMES
Pledge Manager: the website and the functionality provided at https://hiveinteractive.net
Crowdfunding Platform: the original third party platform that hosted and managed the Project for which the Pledge Manager is being used.
Project: The crowdfunding campaign run on the Crowdfunding Platform and its subsequent delivery.
Backer: An individual person pledging money for a Project and using the Pledge Manager to complete their Pledge and Reward details.
Pledge: The amount of money a Backer pledged on a Project including any additional money pledged on the Pledge Manager.
Reward: The package of item(s) a Backer selects for pledging on a Project.
Pledge Manager Project Deadline: The date for a given Project after which Backers can no longer Pledge money to the Project or select Rewards.
SECTION 21 – AGREEMENT SCOPE
The Pledge Manager is not an online shop and this agreement is not a sales contract. The Pledge Manager is used by a Backer to select their Reward.
SECTION 22 - THIRD PARTY TERMS AND CONDITIONS
The Pledge Manager uses third party payment service providers (e.g. Stripe or PayPal) and the payment you make using their services will be governed by their terms and conditions. The Publisher’s relationship with you is separate from any contract you may enter into with any of those providers.
SECTION 23 - PLEDGE MANAGER PURPOSE
The Pledge Manager is used to:
(a) manage a Backer’s information and to fulfill their Rewards;
(b) increase the funding of a Project by accepting Pledges from new Backers;
(c) increase the funding of a Project by allowing existing and new Backers to increase their Pledges.
SECTION 24 - PLEDGE MANAGER SERVICE DEADLINES
The Pledge Manager will remain open for Backers to complete their Pledges and select Rewards until a date advertised via Project communications. The Publisher reserves the right to re-open the Pledge Manager at any time.
User details such as shipping address may be updated after the Pledge Manager is closed until a Pledge Manager Project Deadline is announced via Project communications.
You agree to ensure your details are correct in the Pledge Manager by the Pledge Manager Project Deadline.
If you fail to complete your pledge by this deadline, the Publisher:
(a) may withhold your Reward and end the agreement with you;
(b) may make an additional charge of a reasonable sum to compensate the Publisher for any extra work that is required, including costs the Publisher incurs as a result; and
(c) will not be responsible for supplying your Reward late or not supplying any part of it if this is caused by you not giving the Publisher the information it needs or paying the shipping costs and outstanding balances by the Pledge Manager Project Deadline.
SECTION 25 - PLEDGE MANAGER ELIGIBILITY CRITERIA
You must be at least 18 years old. You must be at least 18 years old to use the Pledge Manager, complete a Pledge, and select a Reward.
SECTION 26 - CONTACTING YOU AND PERSONAL INFORMATION
If the Publisher has to contact you as a Backer of a Project, it will do so by e-mail using the contact details the Crowdfunding Platform holds for you in your Crowdfunding Platform account, or as you may provide to the Publisher later in the Pledge Manager.
You agree to keep your contact information, email address, and shipping address within the Pledge Manager up to date and accurate. Backer personal data will only be used for the express purpose of fulfilling Rewards, shipping, and Project-related communications. Shipping details may be provided to a third-party shipping partner for fulfillment purposes only.
SECTION 27 - REWARDS
The images of the Rewards on the Project and Pledge Manager pages are for illustrative purposes only. Every effort is made to represent the Rewards accurately but actual Rewards may also slightly differ from the published images. Due to the nature of the Project and logistic and manufacturing realities, the Publisher may make changes to Rewards as the Project progresses.
The packaging of a Reward may vary from that shown on the Project and Pledge Manager pages.
SECTION 28 - PAYMENTS
In addition to a Pledge, you as a Backer are responsible for paying:
(a) shipping charges for your Reward;
(b) any import duties or other local taxes, which you may be liable to pay to authorities in your delivery country.
SECTION 29 - SHIPPING
The Publisher is unable to ship physical Rewards to either PO boxes or the following countries: Afghanistan, Iran, Iraq, Israel, Kazakhstan, North Korea, Lebanon, Russia, Syria, Ukraine, and Yemen. If you reside in one of those countries, unfortunately, you are not eligible to make a Pledge.
The estimated shipment dispatch times are as published on the Project and Pledge Manager pages, and may be updated as the Project progresses. The Publisher will use reasonable endeavours to ship and deliver your Reward within the estimated timescales but the Publisher cannot guarantee to do so. The Publisher will use reasonable endeavors to deliver Rewards to Backers before any wider commercial and retail release of a Project deliverable, but do not guarantee that will be the case.
You are responsible for your Reward from the point in time when it is delivered to the address provided by you when you complete the Pledge Manager for the Project. The Publisher is not responsible for any loss or damage to your Reward caused by you providing incorrect delivery details or by compliance with your delivery instructions.
If, despite reasonable efforts, the Publisher is unable to contact you or re-arrange delivery or collection of a Reward the Publisher reserves the right to terminate this agreement without offering any Pledge refund.
SECTION 30 - CANCELLATIONS
You are entitled to a refund by canceling your pledge at any time until the Pledge Manager Project Deadline. To do so contact the Publisher. A maximum of 90% of the Pledge value will be refunded, compensating for charges already incurred by payment processors and the Crowdfunding Platform. After the Pledge Manager Project Deadline, no refunds will be made.
Any refund reimbursement will use the same means of payment as you used for the initial Pledge unless you have expressly agreed otherwise; in any event, you will not incur any further fees as a result of the reimbursement. The Publisher will make the reimbursement without undue delay, and not later than within 14 days beginning with the day on which it is agreed that you are entitled to a refund.
SECTION 31 - PROBLEMS WITH YOUR REWARD
The Publisher will use reasonable endeavors to deliver your Reward in good condition and to a suitable quality.
If you receive a faulty Reward you must contact the Publisher and you may be required to return the Reward fully or partially to the Publisher. The Publisher will pay the costs of such agreed postage or collection. If the Publisher agrees that you are entitled to a refund or partial refund, subject to a maximum of 90% as in Section 30.
Any fault or missing Reward reported six months or more from the date the Reward was shipped, will not be eligible for a refund.
SECTION 32 - TERMINATING THIS AGREEMENT
You may end this agreement at any time by contacting the Publisher if the Publisher breaks its terms materially or repeatedly, and if what can be put right by the Publisher fails to be put right after you have notified the Publisher of a breach and you have given the Publisher a reasonable opportunity to do so. If you end this agreement because the Publisher breaks it, the agreement will end immediately, and you will be refunded your pledge to a maximum of 90% as per Section 30.
The Publisher may end this agreement at any time by writing to you if you break its terms materially or repeatedly. For example:
(a) you fail to pay, on time and in full, any amount due to the Publisher under the agreement, and you still do not make payment within 14 days of the Publisher reminding you that payment is due;
(b) you fail to provide the Publisher with your accurate, complete, and up-to-date email and shipping address;
(c) you fail to complete the Pledge Manager by the Pledge Manager Project Deadline;
(d) you do not, within a reasonable time, allow the Publisher to deliver the Reward to you.
If the Publisher ends the agreement:
(a) the agreement will end immediately:
(b) The Publisher will cease to have any obligations to you under the agreement (including to deliver the Reward to you, which remains undelivered after the date of the termination); and
(c) depending on when during the Project your breach occurs, the Publisher may (but is not obliged to) refund to you some of the money you have paid, but the Publisher may deduct or charge you reasonable compensation for the net costs the Publisher will incur as a result of your breaking the agreement.
SECTION 33 - LIMIT ON THE PUBLISHER’S RESPONSIBILITY
The Publisher is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both the Publisher and you knew it might happen.
The Publisher does not exclude or limit in any way its liability to you where it would be unlawful to do so.
SECTION 34 - OTHER IMPORTANT TERMS
The Publisher (and its licensors) retain ownership in all Intellectual Property rights (that is, patents, rights to inventions, copyright-related rights, images, trademarks and service marks, business names and domain names, rights in get-up, goodwill, and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world) in the Rewards.
The Publisher may transfer its rights and obligations under an agreement entered with you under these Terms to another organization, but this will not affect your rights or the Publisher’s obligations under these Terms.
This agreement is between you and the Publisher. No other person shall have any rights to enforce any of its Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If the Publisher fails to insist that you perform any of your obligations under these Terms, or if the Publisher does not enforce its rights against you, or if the Publisher delays in doing so, that will not mean that the Publisher has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Publisher does waive a default by you, the Publisher will only do so in writing, and that will not mean that the Publisher will automatically waive any later default by you.