Terms and Conditions
Effective June 5th
Throughout this “Terms and Conditions” document references to specific subject matter are as follows. This document and all the articles contained within will be referred to as the Terms. The Zephyr: Winds of Change marketing, production and products are referred to as the Campaign. The Campaign’s fundraising goal of $50,000 is referred to as the Goal. Portal Dragon LLC will be referred to as the Developer. The act of giving money to the Developer for a specific support level or levels is referred to as a Purchase. Those making or attempting to make a Purchase are referred to as Supporters. Supporter content, such as images, text, or ideas, submitted to the Developer will be referred to as Contributions.
By completing or attempting to complete a Purchase, the Supporter is signifying that they agree to the terms. Supporters agree that they are taking this action voluntarily and accept the responsibility to fully understand the risks and conditions of participation. The Developer has no fiduciary duty to any Supporter.
Supporters under 18 years of age are not eligible to participate as Supporters without the proper consent. Supporters between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for its conditions.
Refunds for Purchases must be claimed no later than 5 days after the original purchase date. Beyond this initial 5 day period, Purchases, including the shipping fees, are not refundable.
Unless the Campaign exceeds its Goal, The Developer offers no guarantee of delivery of items outlined in a Supporters Purchase. This Campaign has no completion date and will continue to collect funds until the Goal is exceeded or the Developer discontinues the Campaign. All delivery dates are subject to change. The Developer will use its resources to encourage the completion of Campaign. Once the Goal has been reached and development of any remaining components has been completed, Supporters will receive the items and perks outlined in their Purchase following final production, print, shipping and any necessary logistics. The Developer does not commit or guarantee any completion date or shipping date for any Supporter.
Exclusive Content Offer
The Developer is offering exclusive custom content which includes one playable ship, one battle deck of ten cards, one set of four crew faction cards and one ship standee to all Supporters. This is currently limited to the supporters who use utilize the zephyrboardgame.com website to pledge their support. This offer will only be fulfilled if a minimum amount of 500 supporters have taken advantage of this offer.
Shipping for game in this Campaign will be charged at a flat rate of $10 for domestic addresses in the United States and $30 for all international addresses. Following completion of the Campaign all games will be shipping to the address currently expressed on the Supporter’s account on the zephyrboardgame.com website. The Developer is not responsible for inaccuracies in the shipping address.
Supporter Purchases may require a Contribution. By submitting a Contributions Supporters give full permission for the Developer to utilize any of the materials submitted through the online and offline forms or in any subsequent discussions for use in the marketing, development, and/or production of the Campaign. All submitted information, including text, images, verbal communication or information conveyed by any other means is the property of the Supporter making the Contribution. The Supporter takes full responsibility for any royalties, copyrights, permissions or other issues that may result in legal action due to the use of the Supporters Contribution to this Campaign. The Developer reserves the right to refuse and to reject, cancel, remove or suspend any Supporter Contribution at any time for any reason without liability.
Claiming Custom Content
Supporter Purchases that require a Contribution may not be completed any later than one week after the announcement that the crowdfunding goal of this Campaign has been reached. Any unclaimed support levels that require contribution will be credited to the purchaser but all artwork, names, and any other influenced content will be decided by the Developer.
Waiver and Release
For Supporters in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of these Terms, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each Supporter hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
THE DEVELOPER (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO THE DEVELOPER FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow the Developer to limit its liability: Notwithstanding any provision of the Terms, for Supporters in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then the Developer’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, the Developer does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any Supporter, but may be assigned by the Developer without restriction or consent.
Supporters should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Supporters who make a purchase do so at their own volition and are entirely responsible for compliance with applicable law.
The Developer makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
Choice of Law
These Terms and the Developers operations shall be governed by the laws-state, federal, or otherwise-applicable in the State of Michigan.
Cooperation with Authorities and Police Enforcement
The Developer will cooperate with law enforcement authorities as required by law. The Developer will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the Campaign when requested.
These Terms are the entire agreement between each Supporter and the Developer regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The Developer’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
The Developer may alter the Terms at any time, so please review them frequently. If a material change is made, the Developer may notify supporters through their website, by email, or other places they deem appropriate. A “material change” will be determined at the Developer’s sole discretion, in good faith, and using common sense and reasonable judgment.
Portal Dragon, LLC.
545 2nd Street
Oxford Michigan 48371