By accessing and using our games, content, activities and services (the “Services”) which are made available via our website or through our social networking websites, or any mobile versions thereof (collectively the “Site”), you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (the “Terms”), whether or not you are a registered member of any of our games.
1. License to Use the Services
Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser, device or other application provided or its service providers and partners. You may not use the Services for any other purpose.
This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement and may result in disciplinary or legal action against you or your account. You agree that you will not:
Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience;
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers;
Exploit the Services or any of its parts for any commercial purpose;
Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services; or
Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.
2. Code of Conduct
Your use of the Services is governed by certain rules (the “Code of Conduct”), and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity (including distributing another player’s personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
Make any threats or threatening remarks, including (but not limited to) threats against another individual or his/her family, and other such remarks which, in our opinion, are outside the scope or context of the game;
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are all prohibited;
Promote, encourage, or otherwise advocate the use of illegal drugs;
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary rights of any party;
Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by Ignis Studios, LLC for any Services, must be limited to the appropriate forum or channel for such offers;
Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or an Ignis Studios, LLC representative) for unauthorized purposes, including for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
These rules are not meant to be exhaustive, and we reserve the right to determine in our sole and absolute discretion what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit – up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
3. User Account, Age Restrictions, Password, and Security
You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form.
You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.
You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Ignis Studios, LLC or another party due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.
5. Payment Methods, Charges, and Subscriptions Billing
Payment methods may vary by Service – in some cases, you can use a stored value (gift card), credit or debit card, PayPal, or other similar methods of payment to pay for optional Services and/or upgrades. When you provide payment information to us (or our designated service providers or subcontractors), you represent and warrant that the information provided is accurate and that you are the authorized user of the payment method that is used to pay such charges. As applicable, you must notify us of any changes to your payment information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends.
Ignis Studios, LLC reserves the right to change its fees or billing methods. If you pay a periodic subscription fee for an Ignis Studios, LLC Service, including the Subscription Service, as further described below, Ignis Studios, LLC will provide you with notice of any changes to the fees or billing methods in advance of their effective date by posting such changes on the Site or by sending you a notice to your email address. However, if you have a current subscription at the time that any new or revised fees take effect, such fees will only apply to your subscription if and when your subscription is renewed. If any change is unacceptable to you, you may cancel your subscription pursuant to the cancellation terms provided in the notice. If you do not cancel your subscription in accordance with the provided cancellation terms, Ignis Studios, LLC will not refund any fees that may have accrued to your account and will not prorate fees for any subscription. If your use of the Services is subject to use or sales tax, then Ignis Studios, LLC may also charge you for any such taxes, in addition to the subscription or other applicable fees.
As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends.
All sales final. No refunds on purchases.
6. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is delivered. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card or payment method has been charged, we will issue a credit to your card or payment method in the amount of the charge.
If your use of Services is subject to use or sales tax, then Ignis Studios, LLC may also charge you for any such taxes, in addition to the subscription or other fees.
8. Subscriptions and Automatic Renewal Terms
Ignis Studios, LLC may offer an automatically renewing subscription-based service that allows you to access additional in-game features for the agreed-upon period (the “Subscription Service”). By registering for the Subscription Service, the valid credit card number or other payment methods which you have provided to Ignis Studios, LLC will be charged the entire amount equivalent to the advertised price for the period to which you have agreed. By signing up for the Subscription Service, you agree that your subscription will be automatically renewed. The renewed subscription period will be the same as your initial subscription period. You hereby authorize Ignis Studios, LLC to charge your credit card or other payment method (the same payment method that you used to initially subscribe to the Subscription Service) for the renewal term for a fee no greater than Ignis Studios, LLC ‘s then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You are financially responsible for all associated Subscription Service fees until notice of cancellation is received by Ignis Studios, LLC pursuant to the instructions below. Subscriptions are not transferable.
9. Content Rights
“Content” means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Ignis Studios, LLC or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency (“Virtual Items”) acquired and developed as a result of gameplay, are the sole and exclusive property of Ignis Studios, LLC and may be used by Ignis Studios, LLC (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. This means that your “purchase” of the Virtual Item is, in fact, a purchase of a limited, non-assignable license to use software that manifests itself in a game as the Virtual Item. Virtual Items have no real-world value and are not redeemable or subject to refund.
You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Ignis Studios, LLC all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Ignis Studios, LLC the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
You are granted a limited revocable license to post your own character or any other Content that Ignis Studios, LLC specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.
Ignis Studios, LLC representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Ignis Studios, LLC and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by “flagging” it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that Ignis Studios, LLC may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.
In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by Ignis Studios, LLC , you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.
11. The Services are Available “AS-IS”
The Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, gameplay, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user’s errors and/or omissions.
12. Limitation of Liability
Ignis Studios, LLC AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Ignis Studios, LLC OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold Ignis Studios, LLC harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by Ignis Studios, LLC arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
15. Waiver and Severability
The failure of Ignis Studios, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
16. Injunctive Relief
You acknowledge that the certain rights granted and obligations made hereunder to Ignis Studios, LLC are of a unique and irreplaceable nature, the loss of which shall irreparably harm Ignis Studios, LLC and which cannot be replaced by monetary damages alone so that Ignis Studios, LLC shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
17. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Tarrant County, Texas, and you consent to the jurisdiction of and venue in such courts.
18. Other Jurisdictions
Ignis Studios, LLC operates and controls this application from its offices in the United States. Ignis Studios, LLC makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Ignis Studios, LLC to any registration requirement within such jurisdiction or country.
19. Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to Ignis Studios, LLC ‘s Designated Agent listed below. For your notice to be effective, it must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located in this game;
Information reasonably sufficient to permit Ignis Studios, LLC to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
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
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
20. Modification of Terms
We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
21. Entire Agreement
These Terms are the entire and exclusive agreement between Ignis Studios, LLC and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by Ignis Studios, LLC. If you have any questions about these Terms, please contact Ignis Studios, LLC at [email protected]
© Ignis Studios, LLC. 2017-2018, All Rights Reserved.