Cloud Imperium Games Corporation (CIG), via its website Robertsspaceindustries.com, is raising funds for its space combat game “Squadron 42” in the roleplaying universe of “Star Citizen” (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 CIG and you, the Contributor:
1. You must be a registered user to select and pay for a pledge. Upon selection of a pledge, your payment will be collected through independent third party payment providers such as Paypal, Amazon Payments, and Stripe. By using such providers you agree to the terms and conditions applicable to each payment method you choose. CIG does not receive any confidential payment data from such providers, and CIG 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. CIG 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 CIG’s corporate expenses associated with the foregoing (the Game Cost).
3. If you have elected to receive a refund in case that the initial fundraising goal will not be reached on or before November 10, 2012 from all deposits and other investments, then CIG will proceed to refund such deposit promptly to you, less processing cost and third party fees.
4. Once the initial fundraising goal has been reached, or if you elect to leave your deposit with CIG regardless of the amount raised, then the following shall apply:
The deposit shall be earned by CIG 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.
CIG 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 CIG 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 CIG 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 CIG’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 CIG is able to complete and deliver the Game. In the unlikely event that CIG is not able to deliver the Game, CIG 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 CIG 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.
5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLOUD IMPERIUM OR ITS LICENSORS IS TO CLAIM A REFUND IF AND WHEN DUE PURSUANT TO THE TERMS HEREOF. IN NO CASE SHALL CLOUD IMPERIUM OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “ CLOUD IMPERIUM AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CLOUD IMPERIUM. IN NO CASE SHALL CLOUD IMPERIUM OR CLOUD IMPERIUM AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CLOUD IMPERIUM’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, CLOUD IMPERIUM’S AND CLOUD IMPERIUM AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.