Last Modified on October 11, site 2013
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Your use of the SERVICE, or BY clicking “I ACCEPT” if presented with THIS TOU in a click-through format , signifies that you agree to THIS TOU and constitutes your binding acceptance of THIS TOU, including any modifications that Stone Blade makes from time to time.
3. ToU Updates. Stone Blade will revise this ToU as the Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Service. By using the Service, you agree to the then-current version of this ToU as posted on the Site at http://solforgegame.com/terms-of-use. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Service.
4. Game Updates. In an effort to improve the Service, Stone Blade may update its Game software with or without notifying you.
5. Termination of Service. The Service is a closely-controlled virtual environment owned and maintained by Stone Blade, and Stone Blade reserves the right to deny service to any player at Stone Blade’s sole and absolute discretion. The Service is offered with the understanding that Stone Blade may terminate any Account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of the ToU. Stone Blade may stop offering and/or supporting the Service at any time.
6. License, Access, Accounts, TOU Violations and Security.
6.1.Limited License. The Service is available for use only by authorized end users in accordance with the terms and conditions set forth in this ToU. The Service is provided for, and Stone Blade grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the Service using a personal computer for the Service or mobile device for the Apps solely for your individual, non-commercial, entertainment purposes. Except as may be expressly permitted by Stone Blade, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
6.2.Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You may allow your minor children over the age of 13 for whom you are the parent or legal guardian to play the Game or access the Site using your Account, provided, however, that you accept full responsibility for the conduct of the children using your Account.
6.3.Account. To access certain portions of the Service, you may be required to create an account through the Site (an “Account”). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. You agree that you shall not create an Account or access the Service through an Account if you (i) are under the age of 13, (ii) are a convicted sex offender, (iii) if you have previously been removed by Stone Blade or banned from using the Service or any other Stone Blade game, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
6.4.Access. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a personal computer and, in cases where the Service offers a mobile component, a mobile device that is suitable to connect with and use the Service. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
6.5.Rules Related to Account Names. When you create an Account, you will have to create a username. Your username is visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other of the Service, including, without limitation, character names (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If Stone Blade finds a User Identifier to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier:
(a) Belonging to another individual or entity with the intent to impersonate that individual or entity, including without limitation, impersonating any Stone Blade agent or employee or any other Stone Blade community user;
(b) That incorporates vulgar language or imagery or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
(c) That is subject to the rights of any other person or entity without written authorization from that person or entity;
(d) That belongs to a popular culture figure, celebrity or media personality;
(e) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
(f) Belonging to any religious figure or deity;
(g) Related to drugs, sex, alcohol, or criminal activity; or
(h) Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.
6.6. Violation of ToU.
(a) Disciplinary Measures by Stone Blade. In the event that you violate this ToU, including, without limitation, this Section 6 or Section 7 below, Stone Blade shall have the right to take any disciplinary measures as it sees fit, including, without limitation, the following actions:
(i) An e-mail warning may be issued to the user at the discretion of Stone Blade;
(ii) Editing, deletion or closing of the post, thread or message in any forum session;
(iii) Temporary suspension of the user’s Account;
(iv) The termination and deletion of the user’s Account; or
(v) Permanently banning the user from all Accounts and future accounts, including permanently banning the user from accessing the Service. In the event that a user is banned or their Account is deleted for violating the ToU, no compensation will be given for their loss of access to the Service or the Game Assets (defined below).
(b) Notification of Legal Authorities. Stone Blade may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a request by law enforcement, a court order or other legal process. The following are examples of the type of violations of this ToU that may result in the notification of proper legal authorities by a representative of Stone Blade:
(i) Threat of physical harm or safety to oneself or any other person made through the Site or any web sites that are owned, operated, licensed or controlled by Stone Blade;
(ii) Offering or solicitation of material that might be deemed illegal, indecent or obscene, including, but not limited to, child pornography, illegal drugs and pirated software; or
(iii) Harassment of another end user and/or any Stone Blade employee or contractor.
6.7.Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify Stone Blade immediately if you believe that your Account username and/or password have been compromised. DO NOT SHARE YOUR PASSWORD WITH ANY THIRD PARTIES. STONE BLADE WILL NOT BE RESPONSIBLE FOR LOST GOLD (DEFINED BELOW), CARDS, OR OTHER ITEMS OR CURRENCY IF YOUR ACCOUNT IS COMPROMISED.
6.8.Account Sharing or Transfers. You may not share or transfer your right to access the Service through your Account, except that you may permit your minor child over the age of 13 to use an Account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your username and password to anyone other than a minor child as set forth herein.
6.9.Cancellation by You. You have the right to cancel the registration of your Account for the Service at any time. You may cancel any Account registered to you by following the instructions on the Site or emailing email@example.com.
7. Restrictions and Conditions of Use; Code of Conduct.
7.1.Use of Service. You agree not to license, create derivative works from, any information, content, or services obtained from the Service. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal) by minors.
7.2.No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
7.3.Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks upon, or hacking of, the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; (b) attempt to gain unauthorized access to the Service, accounts registered to other users, or the computer systems or networks connected to the Service; (c) obtain or attempt to obtain any information from the Service, including without limitation email information of other account holders, using any method not expressly permitted by Stone Blade; or (d) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Service. You may not disrupt or assist in the disruption of any computer and/or server used to support the Service or any other player’s Service experience. Any attempt to disrupt the Service or undermine the legitimate operation of the Game software may be a violation of civil and criminal law.
7.4.No Commercial Uses. You agree that you will not use the Game, the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Service.
7.5.Code of Conduct. You may not use the Site or Service to develop, generate, transmit or store information (including, without limitation, Content) that or engage in any chat or behavior through the Service which: (a) in the sole and absolute discretion of Stone Blade, is deemed to be offensive; (b) is deemed unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent these restrictions; (c) consists of advertisements, promotions, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication; (d) is derogatory or harmful to the reputation of the Service, Stone Blade, or our directors, officers and employees in any way; (e) encourages the violation of any local, state, national, or international laws or regulations; (f) solicits other users’ passwords and/or credit card information; (g) is anti-social, disruptive, or destructive, including, without limitation, “flaming,” “spamming” and “trolling”; (h) carries out any action with a disruptive effect, such as causing forum or chat screens to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of forum postings or chat; (i) disseminates any user’s personal information, including, but not limited to, such user’s real name, address, phone number or private e-mail address, except that a user may communicate his or her own personal information in a private message directed to a single user; (j) forges headers or otherwise manipulates identifiers in order to disguise the origin of any message (k) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Service; (l) constitutes harassment or a violation of privacy or threatens other people or groups of people; (m) is harmful to children in any manner; or (n) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
7.6.No Emulators. Only Stone Blade is authorized to host a service that connects to, or interfaces with, the Game. You agree that you will not host, provide matchmaking services for, emulate or redirect communications originating from the Game. You may not establish an emulated Game environment, and doing so may result in civil and/or criminal liability.
7.7.No Modifications, Cheats, Hacks, Exploits, Bots, or Third Party Software. You agree that you will not create, distribute or use any third party software, including without limitation “mods,” cheats, addons or hacks, designed to change or manipulate the Game environment, mechanics or user interface.
7.8.Interactions with other Users. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Stone Blade reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release Stone Blade (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
8. User Content.
8.1.Content. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any forum postings and/or chat text. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Service any Content that is subject to any third-party rights.
8.2.Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor and/or record your communications (including without limitation forum postings and/or chat text) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation chat text) for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this ToU or any other agreement; (c) to protect our legal rights and remedies; (d) where we feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
9. Ownership. As between you and Stone Blade and/or its licensors, Stone Blade and/or its licensors own the Site, Service, Apps, Game, and all virtual assets made available in the Site, Service, Apps and Game, including, without limitation, all Gold (defined below), Silver (defined below), in-game currency, cards, booster packs, Accounts, virtual items, “skins”, playmats, artwork, music, other game assets and data generated by the Service (collectively, “Game Assets”). Stone Blade and its licensors reserve the exclusive right to create derivative works based on the Site, the Service, Apps, Game and/or Game Assets. You agree that you will not create any work of authorship or create any derivative works based on the Site, Apps, Game or the Service except as expressly permitted by Stone Blade. Any reproduction or redistribution of the Site, Apps or the Game, or use of the Service not in accordance with the ToU is expressly prohibited by law, and may result in severe civil and criminal penalties.
10. In Game Items and Currency.
10.1. Gold and Silver Virtual Currency. You may participate in our Gold service offering if you have a valid, active Account. The Gold service offering is a virtual currency system (“Gold”) which can be used to license in-game virtual items, such as cards and booster packs, through the Service. Gold is sold through the Game and on the Site, either by purchasing Gold online via credit card, PayPal or other permitted forms of payment, or by submitting a pre-paid code through the Site or the Game. Please note that any Gold you obtain through any special code, coupon, or prepaid method of payment will not be usable until such time as you register it online with your Account. Stone Blade has the right to, and may, limit the amount of Gold you can purchase or that you can maintain in your Account at any given time. Stone Blade may also provide you with Gold as a part of a promotion, or through other means, such as for participating in tournaments or through your participation in Stone Blade-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition or use of Gold. You are solely responsible for verifying that the correct amount of Gold has been added to or deducted from your Account for each Gold transaction. Your license to Game Assets for use in the Game is a service provided by Stone Blade that commences upon acceptance by Stone Blade of your purchase of Gold or your redemption of Gold for those Game Assets.
The Silver service offering is a virtual currency system (“Silver”) which can be used to license in-game virtual items through the Service. Stone Blade may provide you with Silver at its discretion as part of a rewards program that includes, for example, logging in to the Game, playing the Game, completing achievements, progressing through the single-player campaign mode, or through other means, such as for participating in tournaments or through your participation in Stone Blade-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition or use of Silver. You are solely responsible for verifying that the correct amount of Silver has been added to or deducted from your Account for each Silver transaction. Your license to Game Assets for use in the Game is a service provided by Stone Blade that commences upon acceptance by Stone Blade of your redemption of Silver for those Game Assets.
10.2. Game Assets; Prohibition on Out of Service Exchange. You hereby acknowledge and agree that:
- YOU HAVE no claim, right, title, PROPRIETARY OR OWNERSHIP interest IN ANY OF THE GAME ASSETS REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THOSE GAME ASSETS; AND
- Stone Blade shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage OR LOSS of any kind CAUSED to ANY OF THE game assets, INCLUDING, BUT NOT LIMITED TO, DELETION OF game assets UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
You may obtain certain Game Assets through participating in the Service or through using Gold or Silver. Some Game Assets you obtain may have expiration dates, and they will no longer appear in your Account upon the expiration date. You acknowledge and agree that Stone Blade may change, modify, update, suspend, “nerf,” delete, remove or otherwise alter the appearance, function, use and/or properties of any Game Assets at any time, in its sole discretion. You understand that unilaterally balancing the cards and game mechanics by modifying any Game property is a necessary power for Stone Blade to provide the best gaming experience to its players. You also understand and agree that any such changes or updates to the Game might change the system specifications necessary to play the Game, and in such a case, you, and not Stone Blade, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.
10.3. Account Suspension. Stone Blade reserves the right to reduce, liquidate, deactivate, modify, suspend or terminate your access to the Service through your Account and/or any Game Assets (including, without limitation, Gold, Silver, cards, and booster packs) or access thereto if Stone Blade suspects, after investigation, that you have used cheats, hacks, or used any aspect of the Service to conduct any fraudulent or illegal activity.
11. Fees and Purchases.
11.1. Fees and Payments. Some aspects of the Service require you to pay a fee, the details of which will be made available at a future time. You may also purchase certain physical products through the Site. You agree to pay all fees, payments and applicable taxes incurred by you or anyone using an Account you used to access the Service. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Service, including, without limitation, Silver or Gold, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Service, you (a) agree to pay the price for such products set forth in the Service, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize Stone Blade to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or Service rendered by, Stone Blade, your Account may be rejected for further access to the Service without warning or notice at the sole discretion of Stone Blade.
11.2. Return and Refund Policy.
· All sales for the purchase of licenses to use Gold are final. Except as provided below, there are no refunds or returns for the purchase of licenses to use Gold.
· If you reside in the European Union and you purchase a product or service from Stone Blade, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Gold, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
· EXCEPT AS SET FORTH HEREIN WTH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, (I) ALL SALES THROUGH THE SERVICE ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES (INCLUDING, WITHOUT LIMITATION, GOLD ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. EXCEPT AS SET FORTH HEREIN WTH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE.
· IN ADDITON TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED GOLD OR OTHER GAME ASSETS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
11.3. Changes to Products and Pricing. Stone Blade may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Game or any products sold through the Service. The inclusion of any products through the Site at a particular time does not imply or warrant that these products will be available at any other time. Stone Blade reserves the right to change prices for products displayed on the Service, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Site.
11.4. Order Acceptance/Confirmation. Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify Stone Blade’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Stone Blade reserves the right at any time after receiving your order to accept or decline your order for any reason. If Stone Blade cancels an order after you have already been billed, Stone Blade will refund the billed amount.
11.5. Shipment of Products. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of physical products purchased by you through the Service will be delivered within the time period specified for the delivery method you have selected.
11.6. Consumers Only. Stone Blade sells and ships products to end-user customers only. You may not purchase products on the Site for resale, and we reserve the right to refuse or cancel your order if we suspect you are doing so.
12.1. Links from the Site. The Site may contain links to websites operated by other parties, including advertisers. Stone Blade provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Stone Blade, and Stone Blade is not responsible for the content available on the other sites. Such links do not imply Stone Blade’s endorsement of information or material on any other site and Stone Blade disclaims all liability with regard to your access to and use of such linked websites.
12.2. Links to the Site. Unless otherwise set forth in a written agreement between you and Stone Blade, you must adhere to Stone Blade’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Stone Blade’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Stone Blade, (iii) Stone Blade reserves the right to revoke its consent to the link at any time and in its sole discretion.
13. Notice for Claims of Copyright Infringement.
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Stone Blade user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached by mail at: Stone Blade Entertainment, PO Box 307, Oceanside, CA 92049 ATTN: Stone Blade Copyright Agent. Or by email at firstname.lastname@example.org. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
14. Intellectual Property.
14.1. Trademarks. “SolForge,” the “SolForge” logo, “Ascension”, “Ascension Chronicle of the Godslayer”, the “Ascension” logo, “Gary Games”, the “Gary Games” logo, “Stone Blade” and the “Stone Blade” logo are trademarks/service marks of Stone Blade. Unauthorized use of any Stone Blade trademark, service mark or logo may be a violation of federal and state trademark laws.
14.2. Copyright. The Service is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site, the Service, or individual sections of the content, design or layout of the Site without Stone Blade’s express prior written permission.
15. Unsolicited Idea Submissions.
Neither Stone Blade nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Stone Blade or its employees and/or contractors. Our policy is aimed at avoiding potential misunderstandings or disputes when Stone Blade’s products or strategies might seem similar to Unsolicited Ideas that are submitted. If, despite our request that you not send us your Unsolicited Ideas, you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.
From time to time, Stone Blade may host promotions or contests where it solicits from its users ideas for certain uses, such as “flavor text” for cards. If you choose to submit an idea pursuant to a promotion or contest, you agree to grant Stone Blade and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the ideas to others
The Service is operated by Stone Blade in the United States. Those who choose to access the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Service is not directed toward children under 13 years of age nor does Stone Blade knowingly collect information from children under 13. IF YOU ARE UNDER 13, DO NOT USE THE GAME OR THE SITE AND DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO STONE BLADE.
18. Disclaimer of Warranties.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. STONE BLADE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SERVICE IS AT YOUR SOLE RISK. STONE BLADE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
19. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STONE BLADE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF STONE BLADE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF STONE BLADE OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Stone Blade and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold Stone Blade and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this ToU or any other policies that Stone Blade may issue for the Service from time to time.
21. Dispute Resolution and Governing Law.
21.1. Governing Law; Jurisdiction. This ToU shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 21.2 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California and you agree to submit to the personal jurisdiction and venue of such courts. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Service if you access the Service from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this ToU, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this ToU.
21.2. Binding Arbitration.
(a) Arbitration Procedures. You and Stone Blade agree that, except as provided in Section 21.2(d) below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 21.2 and the JAMS Rules, the terms in this Section 21.2 will control and prevail.
Except as otherwise set forth in Section 21.2(d), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and Stone Blade may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND STONE BLADE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Location. The arbitration will be conducted in the County of Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
(c) Limitations. You and Stone Blade agree that any arbitration shall be limited to the Claim between Stone Blade and you individually. YOU AND STONE BLADE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(d) Exceptions to Arbitration. You and Stone Blade agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Stone Blade’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
(f) Severability. You and Stone Blade agree that if any portion this Section 21 is found illegal or unenforceable (except any portion of Section 21.2(d), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 21.2(d) is found to be illegal or unenforceable then neither you nor Stone Blade will elect to arbitrate any Claim falling within that portion of Section 21.2(d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Stone Blade agree to submit to the personal jurisdiction of that court.
22.1. TOU Revisions. This ToU may only be revised in writing by Stone Blade, or published by Stone Blade on the Site or in a click-through or touch-through format.
22.2. TOU Termination. This ToU is effective until terminated. You may terminate this ToU by deleting the Game software on all of your computers or devices and terminating all Accounts registered to you. Stone Blade may terminate this ToU with or without notice for any reason, or for no reason.
22.3. Force Majeure. Stone Blade shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Stone Blade, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Stone Blade’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
22.4. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stone Blade as a result of this ToU or your use of the Service.
22.5. Assignment. Stone Blade may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Stone Blade’s prior written consent, and any unauthorized assignment by you shall be null and void.
22.6. Severability. If any part of this ToU is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
22.7. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this ToU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
22.8. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
22.9. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: Stone Blade Entertainment, PO Box 307, Oceanside, CA 92049
22.10. Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Game, Apps, Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
22.11. Equitable Remedies. You hereby agree that Stone Blade would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
22.12. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service.