Stormhaven Studios

Stormhaven Studios LLC Commercial Terms of Service 1.3 released January 1st, 2017
 
 Stormhaven Studios LLC ("Stormhaven Studios"), via the website www.sagaoflucimia.com, is raising funds for the MMORPG "The Saga of Lucimia" (the Game). You, the Contributor, may select one or more of the pre-order tiers and pay the indicated amount(s) in accordance with the following agreement between Stormhaven Studios and you, the Contributor.
  1. You must be a registered user to select and pay for a pre-order. Upon selection of a tier, your payment will be collected through an independent third party payment provider. By using such provider, you agree to the terms and conditions applicable to each payment method you choose. Stormhaven Studios does not receive any confidential payment data from such providers, and Stormhaven Studios is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. Stormhaven Studios reserves the right to change such payment providers at any time.
  2. Your payment is a deposit to be used for the development and production cost of the Game, including the website cost, the production and delivery cost for the pledge items, and Stormhaven Studio's corporate expenses associated with the foregoing (the Game Cost).
  3. The deposit shall be earned by Stormhaven Studios and become non-refundable to the extent that it is used for the Game Cost, with each Contributor's deposit being applied as follows: first to the fulfillment of the pre-order tier items, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total Contributor deposits remaining after the cost for the pledge items.
  4. Stormhaven Studios agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by Stormhaven Studios since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless Stormhaven Studios has not delivered the pledge items and/or the Game to you within 12 months after the estimated delivery date.
  5. For the avoidance of doubt, in consideration of Stormhaven Studios' good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Game Cost as described above shall be non-refundable regardless of whether or not Stormhaven Studios is able to complete and deliver the Game. In the unlikely event that Stormhaven Studios is not able to deliver the Game, Stormhaven Studios agrees to post an cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by Stormhaven Studios hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost in accordance with the above.
  6. You agree that Stormhaven Studios retains the unfettered right to modify its Game(s) and all aspects of characters, items, mechanics and concepts, therein. You acknowledge that Stormhaven Studios has been, is, and will be constantly making changes to its Game(s). You further acknowledge that Stormhaven Studios can and will, in its discretion, modify features, functions or abilities of any element of any of its Game(s).
  7. STORMHAVEN STUDIOS MAY SUSPEND, MODIFY, TERMINATE OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Stormhaven Studios for any type of abuse, including without limitation a violation of these Terms of Use or a Game EULA, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or any applicable Game EULA.
  8. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH STORMHAVEN STUDIOS OR ITS LICENSORS IS TO CLAIM A REFUND IF AND WHEN DUE PURSUANT TO THE TERMS HEREOF. IN NO CASE SHALL STORMHAVEN STUDIOS OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "STORMHAVEN STUDIO AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID STORMHAVEN STUDIOS. IN NO CASE SHALL STORMHAVEN STUDIOS OR STORMHAVEN STUDIOS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF STORMHAVEN STUDIOS' SERVICES AND OR YOUR PLEDGE HEREUNDER. TO THE EXTENT THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STORMHAVEN STUDIOS' AND STORMHAVEN STUDIOS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Stormhaven Studios reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Users are responsible for periodically viewing the Terms. ============== Stormhaven Studios LLC, hereafter referred to as "Stormhaven Studios", grants the following rights to the community: Using the guidelines below, Stormhaven Studios grants permission for users to make videos (walkthroughs, Let's Play, reviews, etc.) with Stormhaven Studios' game content, images, audio, and/or cutscenes and publish to YouTube, twitch.TV, or similar digital services. Specifically: - Do not take assets from our games (e.g. voice, music, items) and distribute them separately - Do not charge or restrict users from access to your videos - Do not sell or license your videos to others for payment of any kind - Absolutely no racist, sexist, homophobic, poor taste, or offensive content - Keep videos focused on gaming and away from overtly controversial topics - Do not include cheats, hacks, or similar violations of the EULA in posted videos. Failure to abide by these content guidelines may result in Stormhaven Studios having the video removed. Stormhaven Studios will, at its sole discretion, determine if a video does not comply with these content guidelines. You are free to monetize videos via the partner programs with YouTube, Twitch.tv, Justin.tv, Blip.tv, Ustream.tv, or similar services whereby a website may pay you for views of a video if you are accepted into their partner program. Stormhaven Studios retains all ownership and rights of its produced content, and may terminate or change the terms of this agreement at its sole discretion.

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