Dear Patrons,
First of all apologize for the delay in write (I've talked to almost a hundred of you these days) but in between we have preferred to wait to read the burofax, legal issue that there are many different possibilities and that patrons with whom I have spoken we do not we agree that steps would be improvements to ...
In this paper I will summarize what was discussed with the attorney Lánzanos on demand Heroquest, I also include the registered fax that was sent which neither has picked up (was sent to the workshop in Seville, I have the receipt of all) and also add the experience of a patron who last week was with Dionisio in Seville to tell us your experience (I made a copy and paste without changing a comma of what has been written -Give thousand thanks for bringing his vision and good I will not go to defend Lánzanos of Dionysius says because it is nonsense)
Burofax sent Dionisio
In Toledo on May 19, 2016
Sir,
I am sending this communication in my capacity as head of Lánzanos, crowdfunding platform through which GameZone has achieved the contribution of more than 5,000 funders to Heroquest 25TH (hereinafter the Game), amounting to 680,037 € .-
Of the different conditions of use accepted both by you. As the creator of a project funded through the CROWDFUNDIG platform is that Lánzanos has to mediate disputes between the creators of the projects and funders. Being so serious the present case by the money raised and the time elapsed since the deadline for delivery of rewards, it seems quite convenient to intervene directly in order to remedy the breach committed by gamezone as creator at the earliest of the project.
The reason for this, as I 'm sure you can imagine, is the failure to deliver the rewards to which Vd. And gamezone committed, having spent more than 16 months from the date on which the rewards established should have been given to all funders.
For many months now, we have put us in touch with you. By various means in order to proceed to give a detailed and consistent reason of the actual progress of the development of the game without a date hereof, such responses have truly result enlightening and of course at any point, reassuring. The reality is that despite the time elapsed, as of the present, the rewards have not been delivered.
I must remind you that accepting the conditions of use of the platform and of course Lánzanos accepting funding from funders, Vd. Was forced to deliver the promised rewards each and every one of the financiers.
"The .Creador Project. whose project to be funded entirely within Lánzanos, contracts with the Funder, from the time of admission of the amount raised in the PayPal account or your bank account, the obligation to comply with the rewards listed in your project . Complying with the rewards under the same conditions as explained in the section .recompensas. of the projects page. While adhering to the description provided. The deadline for submission shall adhere strictly to the description of each project, never exceeding the calendar year, unless explicit and easily visible in the project description specification. "
It is obvious that in turn has proceeded to default on delivery, but also refuses to allow by Lánzanos can perform a detailed audit of the state of development of the game, in order that by Lánzanos is can give reason to funders real progress of the project.
Therefore, we require formally one last time to immediately proceed to indicate three (3.) in the next ten dates (10.) days for representatives of Lánzanos can move the workshop gamezone and can check without limitation Game development scope.
Otherwise, Lánzanos instruct his lawyers (ITLS lawyers, Jacobo Álvarez Ramallo, 669081867,
jacobo@itlsabogados.com ) to proceed to initiate the corresponding legal remedies, whether civil or criminal, for the legitimate defense of their rights and interests.
Without further ado,
Sincerely
Gregorio Lopez-Triviño Fdo.- Barras
Lánzanos
My lawyer conversation with a group of patrons to see what steps to take.
Summing up the conversation the other day with some of the patrons, in relation to the position to hold against gamezone by the non - delivery of rewards, the following steps are proposed:
1. Last attempt of amicable settlement, trying to dialogue with the project creator and preferably with your legal representative if available . In any case, this latest attempt would not be obstacle to initiate legal proceedings to be decided as soon as possible.
2. There are basically two options to initiate legal action against gamezone (and / or its designees ):
2.1- A criminal action, although it should not initially qualify, you may have paints a scam. In favor of this option it is that an admission of this complaint, could consider very seriously its responsibility gamezone and meet deliveries, albeit with one and a half late. Against, in my opinion:
a.- said pressure does not have to result in delivery of rewards by GameZone.
b.- That should demonstrate an intent to mislead in this case I do not know if you attend and in my opinion, would be the main story line of defense: It is true that the rewards have not delivered, but they have done many things and not GameZone means that would mislead patrons to seize their contributions.
In any case, in this criminal action it could be required civil liability for the crime that determines, corresponding such liability in the swindled money.
2.2 A civil action -for which I Inclinometer in relation to the contract between the sponsor and the project creator, and could pretend to , among other possible claims, only two:
(i) Termination of the contract for breach of gamezone and therefore the demand for damages by the patrons and should consist of at least the return of the amounts received by gamezone
(ii) The requirement of compliance with the contract in order to deliver the committed gamezone rewards.
2.3.- must be taken into account in any case, several circumstances in relation to legal proceedings, predicable with shadings whether you opt for the civil courts as criminal proceedings:
(i) It must be borne in mind that although in the present case the breach is serious and the appropriation of money from the patrons is flagrant, court proceedings ensure no certainty or the final resolution, and of course, the respondent / defendant is solvent.
(ii) Although in my opinion, very small, there is a risk of costs. As I have already indicated, given the circumstances of the case, I see very little probability of occurrence of that risk.
3. Organization: The filing of any legal action collectively, involves taking into account a number of organizational factors are not a side issue, given the large number of stakeholders to coordinate.
While the final and definitive formula must finish defining it , the most convenient would be the establishment of an association of patrons affected by the non - delivery of the game and were aimed at bringing appropriate legal proceedings with the claims They were decided in point 2.
The Partnership would be the applicant and the decision of the Association would be made by the General Assembly in terms of majorities. The Board of Directors of the Association would be responsible for coordinating the action of the Association and contact with the legal representation of it.
For the constitution of the Association as well as for bringing the action itself would be necessary for each patron conduct a symbolic contribution (around 12 € (10 euros plus VAT) which would serve for the constitution of the Association and the beginning of the Actions.
4. Intervention Lánzanos
This would involve the intervention of Lánzanos as co-plaintiff in the action that stood and collaboration of Lánzanos to cover the costs of the judicial process.
Patron experience seeing his workshop Dionisio
SUMMARY VISIT
TO gamezone A 02 JUNE 2016
Good morning everyone. While I said earlier that it was withdrawing me to give more news about HeroQuest 25th anniversary, due to the latest news from Lánzanos on more than possible demand gamezone, that shortly we send an e-mail to patrons indicating that way, times and both possibilities are contemplated as criminal civil via via, I decided with my friend Joaquin Lopez gamezone approach to, say, burn the last cartridge.
The intention of our visit was to make clear, crystal clear, the current situation in which there are a large majority of patrons doing some spokesperson Facebook want my HeroQuest 25th anniversary and make it clear that the thing is not that this black, is the vacuum deep space is more clear that the situation in which we find ourselves, not what I mean.
Well, I clarify the issue. We have come very early to shop gamezone this morning. After giving as seven laps with the car, miraculously we found parking and we have come to the shop door about 11:15 or so. Dionisio was not. We have attended Isabel (I insist, exists and is flesh and blood), said Dionisio we would call to tell him whether he would go to the shop and we would comment whatever. After a while he told us that Dionysius would not attend the workshop today, but as we were there, he was coming to talk to us.
At 12:20 I appeared Dionisio. As we said, it was precisely maquetando adventures, so it was elsewhere, but has come to meet us . We spent the shop and started talking about the subject that took us there.
The first conversation has revolved around the lack of information and demand that is being proposed and will soon realize, mainly because it does not accept an audit of production. Well, I will attempt to summarize more or less pointing in situations or conversations that seem relevant.
In principle we have said that the updates that are currently doing seem insufficient and lack of real content they want patrons. Patrons what they want is information on the current status of the project, no more thumbnails as are pulling in updates. Which it has been required by Lánzanos an audit which has been denied and that entails the preparation of the application to be raised.
I've told you not pick up the phone to Lánzanos and CEO of the Goro himself, he said to me personally that wants to talk to and who has tried several times. He has insisted that this is not so and had a discussion with people who were Lánzanos strong enough to ask the audit. From there, communication with Lánzanos has been practically nil, but insists he is not on his part.
Faced with this reply, I said I had the phone Goro Lánzanos on my mobile and had spoken to him personally and he was willing to call him to be put in and speak. To which he answered me that the CEO has your phone, if not called is because they do not want, what I insisted him again that he called myself from my phone ( in particular have insisted several times), but did not consider necessary. To call him CEO Lánzanos him.
Discussion on the above subject aside, started talking about the number of people who voted who wanted information or proceed to sue, which the mail Lánzanos were more than 1,800 people, other 274 wanted to sue regardless of whether they give information and only a small percentage of about 14, they were willing to wait whatever it takes. I wonder where he got those numbers and told him that Lánzanos, your email indicating the result of the vote. At that time I was closed in band, insisting again and again that these figures were not real and that only a small group of people are willing to sue. At that, I said that I was one of those who had voted asking for information and if I was not willing to sue was receiving, which are not 40 people as Cree, who are many , many more. To which insisted again that were not so many people and those numbers were not real or were manipulated. I did not let up and kept saying that is not the pulse that is taking on social networks, there are many people angry with the issue and that if they are willing to sue. To which told me it was a smokescreen of Lánzanos and he did not think Lánzanos were to put in a claim at its own expense thereof. Then I told him Lánzanos whether to bear the cost, again incredulously told me that who had told me, to which I replied that I did not told anyone that Lánzanos put it in writing in the e-mail sending the patrons pledging to take care of expenses. At that time, the anger of Dionisio step to another level. We started repeating things over and over again until I realized that I was much gesticulating and raising his voice lot, so stop a little down and try to come to me to solve any of this.
I could gather from this part it is that Dionisio lives in a state of denial about the news that bring out and is convinced that only what he believes is happening. Let it really is convinced that the situation is as you see it .
From there, we present to rockor, who was in the shop (no you may become ill thought out , was not the minis or anything like that), because he had to go to the ophthalmologist to Seville and had gone through the workshop to greet to the people. Come on , pure coincidence, that is not of Seville. We started talking about the four suit and wearing delay. He said that he had never given an official date for the start of the game to what I told him that given date in November 2014, that later when we went in August to talk to him, I personally (and those who came with me) us said he hoped to get the game before christmas of 2015 and subsequently at the end of December 2015 when I returned to go alone, I commented that February saw very sudden, but expected out in late March or April 2016 and in the last interview in April with the fellow who made the recording, he said he hoped for Christmas 2016 were tired of playing. That was totally contradictory to what I was saying now, what I replied that the dates are estimates and that difficulties can arise in production lengthen the time. I returned to insist that took two and a half years and so you see, we go for three years, which is more than enough time for that without any official information on the status of the project, people more than pissed off with this topic. Again, stop again because I was speeding too to return to channel the topic at hand and calm down a bit.
We returned to insist that you have to give information about the current status of the project because it is a problem comes up fat. He insisted that I updates that were doing is they had in the planing that had to do, what we mentioned that obviously, those updates are insufficient. We need to know that the project is done and that is what is missing. Many patrons are asking for such information and audit to prove it. As I have been saying again the donkey wheat. We decided to stop there for a moment (I wanted to smoke, entering me anxiety and thus more desire still smoking). We went out to the shop door and continue talking there, and in a slightly more relaxed atmosphere after more "fat", as it somehow.
Rockor I was talking with other projects, such as the skull, the alien vs. Predator or zombicide black plague and what had happened to these patronages trying to extrapolate the HeroQuest, seeing a little perspective had done well and poorly in these patronages and with that view to try to improve this.
We passed back to the workshop as Dionysius wanted to show us what he had done, for us to see that progress is being made in the project, which is not stopped and that people are still working on it. Well:
WHAT
WE SAW:
It is that indeed, work continues on the subject. They have a tremendous amount of thumbnails already prepared and bagged in clear plastic bags zip. These thumbnails are ready to put them in boxes HeroQuest when prepared for shipping. I could see at least two people responsible for wiping away the fattest burrs and go pocketing miniatures, which were at a table filled to the top of minis. (were not only two who were working in the factory, had more, but not approach me to see they were doing). From what we could see, the project forward, forward. I can not tell you the number of boxes that were with things and ready, but they were a real stupidity. That if you gave me a favorable impression.
WHAT
WE SAID DIONISIO:
We reemphasized having a second warehouse and even offered to take us in that moment, but circumstances (my friend had the bad boy and had to pick him up from nursery), prevented us from accepting the offer. He also told us that currently is more focused on logistics and coordinate everything for when you get boxes and impressions and perform the assembly to be making as well as the transfer of miniatures, etc ... it was now what more you He brought head.
IMPORTANT: The rules are finished. No longer modify more rules. They are completed altogether. Also ask for adventure books and told me are running both at the same time, there are about 150 missions in total and precisely when we went to the shop, he was somewhere else maquetando missions.
My companion asked for miniatures, if missing any end. What we said yes. There were still the most "difficult", who were raising them problems that they might fluid in the game (not by rules but by the size and mobility of the pieces), which were finishing solve those problems that were emerging and They expected soon have them produced on a large scale.
Specifically he said we had already made, tested and approved more than 3,000,000 thumbnails that most are already bagged and ready to get into the box.
About printing. It not yet sent anything to press. I insist that it is the logistical problem that told me, expect the total impressions are approximately 10 trailers, so they have to coordinate printing with the assembly to be removing and storing boxes simultaneously.
It indicates that it could have taken the HeroQuest in December 2015, but the version for tents only and does not seem right to him to come to stores rather than patrons (we return to this point at issue he had been discussing with rockor on zombicide black plague, which they did exactly that). As he had decided not to take the version store until it had delivered to patrons.
TO END:
We continued to talk and even accompanied us to where we had parked the car to continue talking about it. And in a more quiet conversation, we were talking about the need again to inform patrons project status, but is convinced that there will always be a sector that whatever I say or show what show, will continue in the hard mode against gamezone . We said that is inevitable, but most of the patrons are not to blame or the responsibility of that and also want that information. As an example we put the list that I do Joaquin Lopez miniatures that were seen and they had not seen and that sat well with the community, even a band mate had made a website where you could see the thumbnails they were made next to the picture of it. That is a step to show that this fact and missing.
Finally, I say that I gave him my email and stay to e-mail to give me your personal mail and we were both in touch. For what? Well, to inform patrons meetings with Lánzanos so you can go the Skype also because it says that Lánzanos does not notify anything, I have been in notifying me personally. For there is no doubt that it has communique. Although he insisted that give me his phone, only finally he agreed to email, but hey, it's something.
CONCLUSION:
I see that the project moves forward, slow, maddening, but progresses. They do not see the slightest concerned about the alleged lack of money rumored in social networks. On the contrary, they are seen fairly quiet in that regard. The news of the demand and the number of people behind this issue has been a stick did not expect (and that seems to me do not quite believe). The anger with the CEO of Lánzanos is palpable. And I hope that this clarion call (and I say, sometimes risque ... mia culpa), has opened his eyes a little to the problem that pops up and begins to put media wall. I hope.
Well, so far, all the summary of our visit. Sure I leave things in the pipeline, but being honest, I'm going blind and powder made from writing. I'm mu jarto and Lene!
As I am sure you will arise questions or concerns about the visit this morning, as always I will try to answer you all the best of my ability.
Greetings to all fellow fatigue.