Purchase Agreement

By purchasing an Em-8ER Pack, subscription or item from the General Store (Pledge) you are pledging to the future development of Em-8ER the game (Game). Em-8ER development is crowd-funded, and delivery of the items in the Pack, subscription or items from the General Store (Pledge Perks) are contingent on successful full funding and release of the game. By purchasing a pack you are acknowledging the risk that Em-8ER may not achieve the complete funding goals of the game and in such case some or all Pledge Perks may not be deliverable.

Pledges are refundable for any reason within 5 days of the date which the order was made. To initiate a refund, sent a request to [email protected]. Refunding your Pledge is done via the same means of payment by which you purchased the Pledge. Refunding pledges removes all Pledge Perks and Items corresponding to the refunded Pledge from your Em-8ER account, including the deletion of any associated Items already granted and your access to the development builds and all versions of the game associated with your refunded Pledge will be revoked.

Adherence to the Em-8ER End User License Agreement (EULA) and Terms of Service (TOS) is required. Your Pledge may be revoked at the sole discretion of the Company, without refund, and your account banned from the Game and related Services (including, but not limited to, forums, Discord and social media) for failure to adhere to the Company EULA and TOS. Banned or Terminated accounts will lose all Pledge Perks and Items, including the deletion of any associated Items already granted and your access to the development builds and all versions of the game will be revoked.

Many Pledge Perks and Items are Virtual Items granted under limited license within the game (Including, but not limited to, skins, player benefits, custom features such as characters, npcs, abilities, weapons and other in-game items). These virtual items, including items custom designed by the player, are the sole property of the Company. The Company grants you a license to access these items during the use of the Game or it’s Services. Virtual Items and access are governed by the Game’s EULA and TOS. Virtual Items are not redeemable for any sum of money or monetary value from Company at any time.

Your Pledge Funds are a deposit used for the development and production cost of the Game and associated Pledge Perks. Pledges are deemed earned when the Pledge Perk becomes available in the Em-8ER development builds, playable mockup, alpha, beta or anytime on or after the release of the Game via Early Access or Otherwise. Pledges are also deemed earned when Pledge Funds have been expended for the development costs of the game.

You agree that you will never assert or bring any claim or suit against Company, Its Parent Company, Division, Subsidiaries, affiliates or any volunteer, contractor or employee of the Company which is related or based on, including but not limited to claims of ownership over Virtual Items or claim for the value of These Virtual Items, or claim of copyright or trademark or other intellectual property rights, including moral rights if Company deletes the Virtual Item(s), modifies them and/or terminates your account.

Company agrees to use its good faith business efforts to deliver to you the Pledge Perks and Items as soon as possible. You agree that any unearned portion of your Pledge Funds shall not be refundable until and unless Company has ceased development and failed to deliver the relevant Pledge Perks and Items to you. In consideration of the promises by Company hereunder, you agree that you irrevocably waive any claim for a refund of your Pledge Funds except as set forth in the preceding sentence.

You acknowledge and agree that the Game and the Pledge Perks and Items delivered to you may differ in certain aspects from the description of the Game and the Pledge Items on the Website at the time of your Pledge, due to the evolving design of the Pledge Items and the Game during development.

Pledges and Pledge Perks may be gifted by purchaser or awarded by the Company during events, raffles or other circumstances. Gifted Pledges and awards by Company are bound by the same terms and conditions stated above, but as gifts they are non-refundable to either the giftee or the original purchaser of the gift. No refund may be initiated for any gifted Pledge, Pledge Perk, Item or Virtual Item.

Date Last updated: 2022-12-14 PT