1.1. The company Warhorse Studios s.r.o., ID no. 241 55 489, with its registered office at Praha 8, Pernerova 652/51, post code 186 00, registered with the commercial register maintained by the Municipal Court in Prague, section C, file no. 183756 (the Company) hereby issues these General Fundraising Terms and Conditions (the TaC).
1.2. The Company has developed a testing version of a computer game with the title “Kingdom Come: Deliverance” (hereinafter referred to as the “Beta Version Game”). The Company is ready to enable any person (hereinafter referred to as the “User”) for a Contribution to use the Beta Version Game and thereafter also the Product under the following terms and conditions (hereinafter referred to as “TaC”).The Company will continue developing the Beta Version Game with a view to publishing the Product to the general market (“Project”).
1.3. These TaC shall form an integral part of each Contract.
2.1. Apart from the terms defined elsewhere in these TaC, the following definitions shall apply throughout these TaC:
3.1. The Contract shall be concluded and shall become valid and effective by clicking on the button located on the Website indicating that the User agrees with these TaC. By clicking on the button, the User accepts these TaC unconditionally and in their full extent.
3.2. The Contract can only be concluded between the Company and a natural person of age 18 or higher. No legal person, whether a company, collective, association or any other kind thereof shall be allowed to enter into the Contract. If a natural person that is entitled to act for or on behalf of any legal person enters into the Contract, that natural person alone shall be bound by the Contract regardless of that person’s powers vis-à-vis the respective legal person.
4.1. After entering into the Contract, the User shall be able to download and use the Beta Version Game after paying the Contribution Amount.
4.2. The User is obliged to contribute to the Company the Contribution at the level of the Contribution Amount after entering into the Contract.
4.3. The Contribution Amount shall be paid via the Payment System without undue delay after the conclusion of the Contract.
4.4. In case the Contribution Amount is not entered into the Payment System within next 24 hours after the conclusion of the Contract, the Contract automatically terminates (condition subsequent).
4.5. The Contribution Amount is a non-refundable donation that shall be used by the Company solely for the purposes of the testing and development and distribution of the of Beta Version Game, the final Product and/or the manufacturing and distribution of the Rewards. Should the final Product and/or the Rewards not be provided to the User, then the Contribution Amount exceeding the minimum Contribution Amount shall be also regarded as a non-refundable donation. The User waives any right to return of the Contribution Amount or any part of the Contribution, irrespective of whether the Project and the Rewards are developed, produced and delivered to the User properly. For avoidance of any doubt the User may not terminate or withdraw from the Contract after the Contribution was made and the Beta Version Game has been made available to the User for testing and the User agrees that he was informed hereby that he has no right of termination or withdrawal after the Contribution was made and after the Beta Version Game has been made available to the User.
4.6. The User expressly acknowledges that the Contribution is not a purchase. While the Company will take every measure to create the Product and provide the User with specified Reward, the final Product, if any, may be substantially different from the description provided to the User at the time when the Contribution was made. The User acknowledges the fact that the Project may never result in the final Product and that his Contribution is donation.
5.1. The User shall submit to the Company the Personal Information. The Company shall use the Personal Information solely for the purposes of distribution of the Project and the Reward to the User (the Purpose).
5.2. The Company shall not use the Personal Information for any other purpose. The Company is entitled to disclose the Personal Information to a third party only if such disclosure is necessary for the Purpose.
5.3. The User acknowledges that the submission and processing of the Personal Information is necessary for the obligations of the Company under the Contract. The User expressly gives his consent to the processing and use of the Personal Information for the Purpose according to this Article 5.
5.4. The Company is not liable for any damage caused by the use of the Personal Information according to this Article 5.
5.5. The User represents and warrants that the submitted Personal Information is whole and correct. The Company shall not be liable and shall not be in default regarding any of its obligations under the Contract, should the representation be incorrect or misleading.
6.1. The Company shall deliver to the User the Product and the Rewards (in the numbers subject to level of the Contribution Amount) without undue delay after the Publishing Date, provided that the Project has been finished.
6.2. By the delivery of the Product to the User, the Company grants to the User a non-exclusive, limited, non-transferable, personal, end-user licence to use the Product for the User’s individual, non-commercial and entertainment purposes only, subject to further End-User Licence Agreement between the User and the Company.
6.3. The final form, state and features of the Product and the Reward are strictly subject to the Company’s discretion. The User shall not have any rights in that respect and no claim of the User shall arise from the final form, state and features of the Product and the Reward.
6.4. Unless expressly stated otherwise, nothing in the Contract and / or these TaC shall have any impact on the intellectual property rights of the Company, including (but not limited to) any such rights with respect to any software, software updates or patches, or other utilities and tools or any other technology, text and audio visual material, the design and appearance of the Website, the Project, the Product and / or the Reward.
6.5. The Company shall use all necessary diligence and professional care to develop, produce and deliver the Product and the Reward with the use of the Contribution. Should the development, production and delivery of the Product and / or the Reward become impossible or non-proportionally difficult, the Company has the right to cancel the Project. In such case, the Company shall publish on the Website an audited financial report regarding the use of the Contributions. The Contribution used according to the report shall be in such case regarded as a non-refundable donation in return for the Use´s right to use the Beta Version Game and the User waives any right to return of the Contribution or any part of it to the maximum extent allowed by the mandatory provisions of the Civil Code.
7.1. To the maximum extent permitted by the applicable law, the User agrees that the use of the Product and / or the Reward and / or the Website is at the User’s sole risk. The Company grants no warranty, whether expressed or implied, regarding the Product, Reward or the Website, unless it is mandatory under applicable legal regulations.
7.2. To the maximum extent permitted by the applicable law, the Parties hereby expressly exclude any liability of the Company for the damage caused by the use of the Beta Version Game, the Product, the Reward or the Website.
7.3. To the maximum extent permitted by the applicable law and unless expressly stated otherwise, the Parties hereby expressly exclude any liability of the Company for the damage caused by the failure of the Company to complete the Project, or to develop, produce and / or deliver the Product and / or the Reward.
7.4. The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond the Company’s control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
8.1. The Contract shall be governed by the Czech law in particular sections 2055-2078 and 2756-2757 of the Civil Code.
8.2. For the purposes of any disputes arising from the Contract, the Parties hereby expressly agree on the international jurisdiction of the Czech courts and local jurisdiction of the relevant courts according to the registered seat of the Company.
8.3. Clauses in these TaC regarding the termination of the Contract contain only conditions for the termination of the Contract. The Parties expressly exclude any and all relevant provisions of the Civil Code that would allow any Party to terminate the Contract or to recall the Contribution in any other way, and in particular the sections 2059, 2068, 2072 of the Civil Code. For avoidance of any doubts if as a result of the accounting policies the grant of the Product and/or the Rewards will be regarded as the purchase under the Czech law then the User expressly agrees in accordance with the section 1837 l) of the Civil Code that he has no right to withdraw from the Contract and that he was properly informed about it hereby.
8.4. Each Party waives any rights and claims that might arise from the conduct of the other Party prior to conclusion of the Contract. Both Parties acknowledge that they have been made aware of all facts and legal circumstances whilst entering into the Contract in such a way that each Party could rely on the possibility of entering into a valid agreement and that the intent of the other Party to enter into the Contract was undisputable.
8.5. Neither Party is a weaker Party in relation to the other Party. The Contribution is not granted to the Company in a consumer – entrepreneur relation. The User acknowledges and accepts that his profit from the Contract in the form of Reward and the right to use the Product depends on a future uncertain event (finalisation of the Project) in the meaning of Sec. 2756 and seq. of the Civil Code.
8.6. These TaC shall become valid and effective as of March 3rd 2016.