GD reserves the right to change these terms at anytime. Any revisions to GD policy will not be retroactive and if after the policy update is enacted you keep using Gun Dynamics, that means you accept the new terms.
About Creating an Account
To sign up for a Gun Dynamics account you need to be 18 or over. You’re responsible for your account and all the activity on it.
Creating an account on GD includes selecting an account name and a password. You cannot pose as anyone else and you cannot use offensive words or terms. GD reserves the right to cancel your account if we feel that these terms have been violated.
You’re responsible for all the activity on your account. If anyone has used your account without your consent, please report it immediately to support@Gun Dynamics.com
You need to be at least 18 years old to start an account.
While on the Gun Dynamics site you must treat people with respect and or do anything illegal, do not misrepresent yourself or your product, do not be hurtful to others, and any other bad behaviors. We have enough people against us. Let’s all view GD as a haven.
Here is a list of what not to do on GDW:
Ø Do Nothing illegal -- no selling of illegal items
Ø Do nothing fraudulent or deceptive -- Be honest
Ø Refrain from any abusive or defamatory content --Be nice and respect one another
Ø Please do not spread software viruses or codes that can harm GD or others
Ø No SPAM of any kind
Ø Do Respect other personal information of others users. Any information provided through a GD project should not be used for anything outside said project.
Let’s keep the GDW running safely and securely.
The Developer/Backer Dynamic
GD is a funding platform for firearm related projects. When someone (a developer) starts a project on the GD site, they are requesting for backers to enter a contract with them. If you choose to back a project then you are accepting the developer’s offer as presented in said developers’ project. Gun Dynamics is not a part of this contract.
The contract is a direct legal agreement between developers and their backers. Here are the terms that govern that direct legal agreement:
Once a project is funded, the developer must bring the project to completion including the fulfillment of each reward. Once a developer has done so, they’ve satisfied their obligation to their backers.
Throughout the process, developers have an obligation to their backers to deliver great effort, truthful communication, and a commitment to bringing the project to life. At the same time, backers must understand that they’re helping to create a new product — not ordering a product that already exists. There may be modifications or delays, and there’s a possibility that something could happen that inhibits the creator from being able to finish the project as promised.
If a developer is unable to complete their project and satisfy orders, they’ve failed to live up to the commitments of this agreement. To rectify this, the developer must make an equitable effort to find a way of bringing the project to the best possible close for backers. A developer in this situation has only resolved the situation and met their obligations to backers if:
The developer submits a post that conveys what work has been done, how the money was used, and what is preventing them from completing the project as scheduled.
The developer works hard to complete the project in a timeframe that’s communicated to backers.
The developer can demonstrate that the funds were used appropriately and that they made every sensible effort to complete the project as promised.
The developer has been honest, and has made no factual misrepresentations in their posts to backers.
The developer offers to return the remaining funds to the backers that have not received their order, or else present to the backers how those funds can be spent on completing the project in some other way.
The developer is solely responsible for accomplishing the goals made in their project. If the developers are unable to fulfill the terms of this agreement, they may be subject to legal action by backers.
How Funding Works
These are the terms that apply when you’re backing a project:
Product Ready Campaign
You will be charged at the time of your order. You’ll provide your payment information when you make your purchase. The exact amount you spent is the amount Gun Dynamics will collect.
For a campaign that has a finished product and is looking to raise funds for tooling and first run production, your card will not be charged until the minimum funding goal has been achieved. Once the first tier goal has been reached your order will be processed.
Product Development Campaign
For a campaign that has a working prototype and is looking to raise funds for tooling and first run production, your card will not be charged until the minimum funding goal has been achieved. Once the first tier goal has been reached your order will be processed.
You can change or cancel your order at any time before the project’s funding deadline. Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the developer.
The Estimated Delivery Date is the developer’s estimate of delivery. The date listed in the campaign is the developer’s estimate of when the backer will receive their purchase — it is not a guaranteed delivery date. The schedule may be updated as the developer works on the project. We ask developers to set a delivery date that is realistic in order to facilitate the schedule delivery date toward, and to update the backers about any changes.
The Developer may need to send you information about your purchase. The developer may need information from you to deliver items including a mailing address or t-shirt size. That request could come after the campaign has concluded. To receive your reward, you’ll need to provide the information in a timely fashion.
Gun Dynamics doesn’t offer refunds. The Developer is responsible for finishing their project. Gun Dynamics does not hold funds on Developers’ behalf and cannot guarantee the Developers’ work.
The terms for creating a project:
Developers can refund purchases if you want. After your project has been funded, it is up to the backer to refund or cancel a customer’s order. If you do, you have no further obligation to that specific backer, and no agreement exists between you.
Gun Dynamics and it's payment partners will charge our fees before transferring the proceeds of a successful campaign to the Developer.
There are circumstances where pledges can’t be processed - for instance, when a Backer’s credit card expires before the campaign ends and they didn’t update the card information. Gun Dynamics can’t guarantee that the final amount of funding you receive will be equal to the full amount pledged minus fees.
Gun Dynamics will assist in resolving some specific payment-card disputes. If a purchaser of your project disputes the charge with their card issuer, GD will represent the charge to settle said dispute with the card issuer. The Developer will be notified that a dispute has been filed, and will be able to offer evidence to help GD resolve it in your favor. If the 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.
You will not be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds
Gun Dynamics is not responsible for:
Gun Dynamics does not run projects and GD does not arbitrate disputes between users. When you use the Services, you release Gun Dynamics 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. All content you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
Fees are only charged on successfully funded projects. We charge 5% in addition to any fees from our payments partners. If you create a successful project, we (and our payment partners) collect fees. If our fees ever change, we’ll announce that on our GDW. Some funds pledged by backers are collected by payment providers. Our payment provider partners are their own companies and Gun Dynamics isn’t responsible for their performance.The Developer is also responsible for paying any additional fees or taxes associated with your use of Gun Dynamics.
Gun Dynamics partners with other companies for payment processing. When you create a project, you’re also agreeing to the payment processor’s terms of service.
Your Intellectual Property
By launching a campaign you are giving us permission to use or copy your IP however we need to in order to run the campaign. When you launch a campaign you are responsible for the content you post and you’re guaranteeing to us that it’s all okay to use.
Gun Dynamics needs certain authorizations from the Developer in order to perform a set up for your campaign. By submiting a project for review you agree to these terms:
You grant to us the non-exclusive right to use all materials that you provide with respect to your campaign. You allow us to make changes, i.e., edit your campaign.
You agree that your campaign will not contain third-party copyrighted material, unless you have permission and to you will grant Gun Dynamics all the license rights outlined here.
Any royalties or licensing on your campaign is your responsibility. You will pay all royalties and other amounts owed based on your campaign and on Gun Dynamics’s hosting of said campaign.
You guarantee that if we post your campaign we are not violating any rights or copyrights.
You are responsible for the stuff you post. All information submitted to GD, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
Gun Dynamics will not be liable for any errors or omissions in any content.
Gun Dynamics’s Intellectual Property
The content on Gun Dynamics is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission from GD first.
You agree to respect all copyright and other legal notices, information and restrictions contained in any content accessed through GD.
Gun Dynamics grants you a license to reproduce content from the Services for personal use only.
We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Gun Dynamics complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
Gun Dynamics, LLC
Attn: Copyright Agent
186 Greenwood Ave
Bethel, CT 06801
©2018 Gun Dynamics.com
Deleting Your Account
You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to GDW.
Gun Dynamics reserves these rights:
We can make changes to the Gun Dynamics GDW and Services without notice or liability.
We have the right to decide who’s eligible to use Gun Dynamics. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live then we revoke your right to use Gun Dynamics in that jurisdiction.
We have the right to cancel any pledge to any project at any time and for any reason.
We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Gun Dynamics is not liable for any damages as a result of any of these actions and it is our policy not to comment on the reasons for any such action.
This GDW is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
If Gun Dynamics gets sued because of something you are liable to defend us.
If you do something that results in GD being sued, or break any of the terms in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs), that arise from or relate to your use or misuse of Gun Dynamics. 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.
Limitation of Liability
If something bad happens as a result of your using Gun Dynamics, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Gun Dynamics, 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 GDW. In no event shall Gun Dynamics’s liability for direct damages be in excess of (in the aggregate), one hundred U.S. dollars ($100.00).
Dispute Resolution and Governing Law
We’re located in Connecticut and any disputes with us have to be handled in Connecticut under Connecticut State law.
We at Gun Dynamics encourage you to contact us if you’re having an issue before resorting to the courts.
These Terms and the other material referenced in them are the entire agreement between you and Gun Dynamics with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic), between you and Gun Dynamics with respect to the Services and govern our future relationship. The failure of either you or Gun Dynamics 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 Gun Dynamics’s prior written consent.