G Fold LLC, via its website Banonkey.com, is raising funds for its action adventure game “Banonkey™ Town” (the Game). You, the Contributor, may select one or more of the pledges and pay the indicated amount(s) in accordance with the following agreement between G Fold LLC and you, the Contributor:
You must be a registered user to select and pay for a pledge. Upon selection of a pledge, your payment will be collected through the independent third party payment provider, PayPal. By using the provider you agree to the terms and conditions applicable to each payment method you choose. G Fold LLC does not receive any confidential payment data from the provider, and G Fold LLC is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment provider are your responsibility. G Fold LLC reserves the right to change such payment provider at any time.
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 G Fold LLC’s corporate expenses associated with the foregoing (the Game Cost).
The deposit shall be earned by G Fold LLC 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 pledge 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.
G Fold LLC 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 G Fold LLC 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 G Fold LLC has not delivered the pledge items and/or the Game to you within 12 months after the estimated delivery date.
For the avoidance of doubt, in consideration of G Fold LLC’s 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 G Fold LLC is able to complete and deliver the Game. In the unlikely event that G Fold LLC is not able to deliver the Game, G Fold LLC agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by G Fold LLC 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH G FOLD LLC OR ITS LICENSORS IS TO CLAIM A REFUND IF AND WHEN DUE PURSUANT TO THE TERMS HEREOF. IN NO CASE SHALL G FOLD LLC OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “G FOLD LLC AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO G FOLD LLC. IN NO CASE SHALL G FOLD LLC OR G FOLD LLC AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF G FOLD LLC’S 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, G FOLD LLC’S AND G FOLS LLC AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.