1. Welcome to Creative Thunder!
The Terms may change for various reasons. In that case, you will be notified either on the Site or by email. Changes can never apply retroactively, and notifications will also tell you the exact date changes go into effect. Using Creative Thunder after that date, means you accept the new Terms.
Creative Thunder is for non-commercial, personal, except as explained in section 4 and section 5 of the Terms.
2. Getting started – account creation (and deletion)
Anyone can browse through Creative Thunder without an account. However, to utilize Creative Thunder’s functions, such as creating or backing a project, you need to register an account. For that you’ll need an account name and password. We need the correct information. Do not, under any circumstances, impersonate anyone else, name your account anything offensive, or violates anyone’s rights. Transgressions may lead to account cancellation.
As an account holder, you are responsible for all account activity. Keep your password confidential, and report it to firstname.lastname@example.org if you suspect that someone other than you is using your account.
You need to be at least 18 years old to sign up for Creative Thunder. We may ask you to prove it.
You can disable or delete your account at any time. This agreement, however, is still in effect, meaning all rights and conditions regarding already submitted content are still in effect after account deletion. Account deletion only affects the user account itself, and not any projects related to the account.
3. Play nice, don’t be an asshole
A lot of people use Creative Thunder, and we expect everyone to make an effort in keeping Creative Thunder a great place. You can’t do any of the following on the Site.
- Break the law. We don’t want copyright infringements or legal battles. Anything you do on the Site must be within the law.
- Lie or post false, misleading, or inaccurate content.
- Offer illegal items. Your campaign rewards can’t be stolen or illegally copied.
- Abuse others. Threats, harassment, libel, and other forms of victimisation are banned. Respect others.
- Spam. All kinds of unsolicited mass communication that people didn’t explicitly sign up for have no place on Creative Thunder.
- Harm anyone’s computer. Distribution of harmful content, such as viruses or other software that may interfere with other people’s, or our, equipment will get you banned.
- Abuse other users’ personal information. People trust us, and you, with a lot of personal information when they back your project. If you misuse or take advantage of that, you’re out for good.
There are similar rules applied to make sure the Site is secure. Don’t play around with our systems!
Do not try to hack or bypass any of our systems, or rig our services. Don’t try to access or damage our systems, or try to steal confident information. Don’t try to choke our systems by putting unreasonable lands on our infrastructure. Don’t try to reverse engineer our code or algorithms, or try to take apart the Site in any way.
4. Creators and backers – it’s symbiotic
Creative Thunder help creators fund money for their projects. We do this by providing a funding platform. By creating a project, you invite others to back it, essentially creating a contract between Creator and Backer.
Creative Thunder is in no way part of that contract unless that project is a “Creative Thunder Guaranteed Delivery*”-project as described at the end of this section.
The following terms govern the Creator/Backer agreement.
Upon successful funding, a Creator is obligated to complete the project, and fulfill all rewards. By doing so, the Creator meets their obligation to their backers.
Creators are held to a high standard. They should at all times dedicate themselves to completing the project, and keep an open and honest communication regarding the progress.
Backers, on the other hand, should know, that they are backing projects that may have a long way to go before completion. This means that any project may be affected by changes to the scope of the project, delays in production, or simply the possibility that something unexpected happens, and the project never materializes.
Should a successful funding end with the unsuccessful completion of the project, the creator fails to deliver on the Creator/Backer agreement. To rectify such cases, the Creator should strive to conclude the project in other ways.
Creators can claim to remedy the situation and meet their obligation only if they update backers with an honest and comprehensive account of how the funding was used, and exactly what prevents the project from finishing. This also includes working to bring the project to the best possible conclusion in a transparent timeframe and offering to return remaining funds to backers who have not received rewards, or explain how these funds will work towards completing the project in another way.
A creator is solely responsible for fulfilling their project. Inability to satisfy the terms of this agreement may make them subject to legal action by backers.
*Creative Thunder Guaranteed Delivery
Creative Thunder Guaranteed Delivery means that Creative Thunder takes charge of the project to ensure completion once it’s funded. This happens in close cooperation with the Creator, who is still in charge of communication with Backers.
If a project wears the Creative Thunder Guaranteed Delivery-badge, the Creator/Backer agreement directly implicates Creative Thunder as part of the Creator-constellation.
5. The basics of crowdfunding
The following applies when you back a project:
- We charge you the moment you back the project. However, no payment to the Creator is made until the project reaches its full funding at the end of the funding period. Should the funding goal not be met, you receive a full refund on the total amount you’ve backed the project with.
- Pledges to a campaign can be changed at any time (except cancellation or decreasing the amount within the last 24 hours of a campaign), by logging into your user profile.
When a project is funded, any changes in your pledges must be arranged directly with the Creator.
- The Estimated Delivery Date is the creator’s estimate. This is when the Creator thinks the project will be completed. However, changes may occur. We encourage all creators to be realistic when setting dates to avoid disappointments and to be open in their communication if things don’t go as planned.
- Creators may need further information from you when the time comes for production or shipping. It could be a delivery address, size, or something similar. This information will be gathered upon completion, and we encourage you to respond to these requests quickly.
- Creative Thunder does not refund pledges. Creators are responsible for completing the projects, according to section 4.
The following applies when you create a project:
- It’ possible to refund individual pledges. Cancelling and refunding a backer’s pledge upon their request frees you of any further obligation to them according to the Creator/backer agreement
- We charge fees before you get funds. Creative Thunder and its payment partners will subtract fees before transmitting the proceeds of a campaign.
- Not all pledges can be collected. If a backer changes credit card before the ending of a campaign, we might not be able to charge them. This of course affects the amount you receive. Creative Thunder do not guarantee that the funding you receive will be exactly equal to the full amount pledged minus fees.
- In case of any disputes regarding payment cards, we will handle the communication and problem solving with the card-issuer. If we notify you that a dispute is filed, it’s your responsibility to provide us with any materials you may have that may help resolve the issue. If a cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your project for the amount of the chargeback.
- Be patient when starting a project. There could be any number of reasons why your project won’t be able to launch right when you want it to. Also, there may be a delay between funding completion and our payout to you. Don’t use the money before it’s on your account.
6. Wasn’t us!
Creative Thunder does not monitor a projects’ performance or delivery, and we do not mediate in disputes between users or any third parties. We hold no responsibility for any damages or losses related to your use of the Services.
By using our Services, you release Creative Thunder from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. Access to any content through our Services is at your own risk.
7. All about the money
It’s free to create a Creative Thunder account. If your project reaches full funding, we and our payment partners take fees off that amount.
We charge a 5% fee in addition to any fees our payment partners may charge. If you’ve chosen to partner with us for Creative Thunder Guaranteed Delivery (see section 4), we keep the full amount of funding, until all suppliers are paid, upon which you get the surplus amount.
Fees are only charged on successfully funded projects. We charge 5%, in addition to any fees from our payments partners. We are not responsible for the performance of our payment partners.
Should there be any additional fees regarding your project on Creative Thunder, it’s your responsibility to pay them.
8. The outside world
Creative Thunder may contain links to external websites. Should you choose to follow such a link, we’re not responsible. In fact, we are not at all responsible for anything that happens on other websites. What happens on other websites stays on those websites. What you do there is at your own risk. We do not control or endorse such sites.
Creative Thunder partners with other companies (such as PayPal) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
9. Your intellectual property and copyright
You own any content you upload or share on Creative Thunder. We do not own any of our users content. However, we need your permission (license) to use your content in order to make our Services work. When you submit or launch a project, you agree to the following terms:
We may use any content you submit. By using our Services, you grant to us, and any others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content.
Furthermore, you grant us the right to change, edit, delete, modify, reformat, or translate any of your content.
As stated in section 3, don’t upload any content you don’t hold the copyright to, unless you have permission. Your content may not contain any form of copyrighted material, or material subject to any form of third party proprietary rights, unless you have the rights-holder’s explicit permission.
Posting content that is subject to royalties or licensing fees is your responsibility. Paying royalties or licensing fees lies solely with the project Creator, meaning you.
By using our Service, you promise that we won’t violate anyone’s rights by using your content.
Your content is your responsibility. If your content violates anyone’s rights, Creative Thunder cannot be held responsible. Nor are we responsible for mistakes, misunderstandings, omissions, or errors in your content.
10. Our intellectual property and copyright
Creative Thunder’s Services are legally protected in a number of ways, including but not limited to copyrights, trademarks, service marks, trade secrets, and other rights and laws.
By using our Services, you agree to respect any and all copyright and other legal notices, any information, and and restrictions contained in any content Creative Thunder lets you access. You may not change, translate, or create derivative works of the Service.
You are free to reproduce content from Creative Thunder’s Services for personal use only. This freedom is regarded as a license, which applies to both Creative Thunder’s own, as well as user-generated content on the Site. The license is worldwide, non-exclusive, non-sublicensable, and non-transferrable.
Using any content provided through the Site or Services for commercial use in any form requires written permission from us, or the relevant copyright holder.
11. Copyright infringement
We comply with Danish and EU copyright laws, and we strive to comply with relevant copyright laws in countries outside the EU.
We respond to any notices complying with these laws. This means that we will take down any content, and in some cases, users reported or alleged to be infringing on others rights.
If you would like to claim a copyright infringement, please get in touch at email@example.com.
12. Our control and rights
To maintain a great service, we need the freedom to evolve. Creative Thunder reserves the rights to make changes to our Sites and Services without notification, decide who can use our Services (and cancel any accounts we deem unfit, or who is abusing the Services), remove or cancel any pledge to any project, or any project at any time and for any reason.
We are not liable for any damages that may occur as a result our invoking of these rights. We do not comment on the reasons for any such action.
Using Creative Thunder is at your own risk. We do not provide warranties of any kind on our Site and Services. They are provided as is, free to use, as available.
CREATIVE THUNDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CREATIVE THUNDER SHALL CREATE ANY WARRANTY.
Should anything you do end with us getting sued, or you break any of the promises this agreement implies, you agree to defend, indemnify, and hold us harmless from any and all liabilities, claims, and expenses, including reasonable legal fees or other related costs.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
15. Liability limitation
To the fullest extent permitted by law, in no event will Creative Thunder, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Creative Thunder’s liability for direct damages be in excess of (in the aggregate) one hundred Euro (€100.00).
16. Disputes and governing law
Before going to the courts, we encourage you to reach out to us. In an unfortunate event that may result in legal action, these Terms, along with any other agreements, or guidelines that may apply, shall be governed according to Danish law, subsequently EU Law.
17. Everything else
These Terms outlines the agreement between you, the user, and us, the company, with respect to the Services we provide. They take precedence over any other form of communication and may be used as the final word in any disputes.
Should any provision of these Terms be found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Creative Thunder to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Creative Thunder’s prior written consent. Creative Thunder has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Creative Thunder will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.