Terms and conditions of use - Magic Quest - TCG
Your use of the Game, 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 FS makes from time to time.
1. Acceptance. By clicking "I ACCEPT" or using the Game, you represent that you have read and consent to this ToU.
2. Requirements. Before you can use the Game, you must: (a) agree to this ToU; and (b) meet the hardware and connection requirements published on our website http://www.frozenshard.com/portfolio.html (the "Site"). These requirements may change as the Game evolves. You are responsible for any internet connection fees that you incur when accessing the Game.
3. ToU Updates. FS will revise this ToU as the Game evolves. The next time you use the Game 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 Game. By using the Game, you agree to the then-current version of this ToU as posted on the Site at tou's url. 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 Game.
4. Game Updates. In an effort to improve the Game, FS may update its Game software with or without notifying you.
5. Termination of Service. The Game is a closely-controlled virtual environment owned and maintained by FS, and FS reserves the right to deny service to any player at FS's sole and absolute discretion. The Game is offered with the understanding that FS may terminate your access to and use of the Game at any time, for any reason or no reason, including without limitation for any violation of the ToU. FS may stop offering and/or supporting the Game at any time.
6. License, Access, Accounts, TOU Violations and Security.
6.1.Limited License. The Game is available for use only by authorized end users in accordance with the terms and conditions set forth in this ToU. The Game is provided for, and FS grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the Game using a personal computer or mobile device solely for your individual, non-commercial, entertainment purposes. Except as may be expressly permitted by FS, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Game.
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.
6.3. Facebook Account. To access certain portions of the Game, you may be required, and you accept so, to use certain plugins of your Facebook account (owned and managed by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, EE. UU.) (the "Facebook Account"). You agree to grant FS access to the information available through your Facebook Account for the purposes of using the Game and interconnecting with other Game players, all in accordance with the Facebook Inc. policies and with the privacy policies you have selected in your Facebook Account. You are responsible for any and all the information provided in the Facebook Account.
You are entirely responsible for maintaining the confidentiality of your Facebook Account, username and password. You agree to notify FS immediately if you believe that your Facebook Account username and/or password have been compromised.
6.4. Cancellation by You. You have the right to cancel the use or log off from your of your Facebook Account with the Game at any time by following the instructions on the Game and/or through www.facebook.com.
6.5. Personal Data. You will not need to register an account to use and access the Game. Therefore, FS will not have any information about you, neither any personal data of yours.
6.6.Access. You must provide all equipment and software necessary to use and/or connect to the Game. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Game.
6.7. Violation of ToU.
(a) Disciplinary Measures by FS. In the event that you violate this ToU, FS shall have the right to take any disciplinary measures as it sees fit, including, without limitation, the following actions:
(i) An message warning may be issued to the user at the discretion of FS;
(ii) Editing, deletion or closing of the post, thread or message in any chat session;
(iii) Temporary suspension of your access to playing the Game with other users;
(iv) Permanently banning you from accessing and using the Game. In the event that a user is banned for violating the ToU, no compensation will be given for their loss of access to the Game or the Game Assets (defined below).
(b) Notification of Legal Authorities. FS 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 FS:
(i) Threat of physical harm or safety to oneself or any other person made through the Game or any web sites that are owned, operated, licensed or controlled by FS;
(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 FS employee or contractor.
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 Game. 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 Game, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Game 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 Game 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 Game or otherwise attempt to disrupt the Game or any other person's use of the Game; (b) attempt to gain unauthorized access to the Game, or the computer systems or networks connected to the Game; (c) obtain or attempt to obtain any information from the Game, using any method not expressly permitted by FS; 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 Game. You may not disrupt or assist in the disruption of any computer and/or server used to support the Game or any other player's experience. Any attempt to disrupt the Game 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 for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Game.
7.5. Code of Conduct. You may not use the Game to develop, generate, transmit or store information (including, without limitation, Content) that or engage in any chat or behavior through the Game which: (a) in the sole and absolute discretion of FS, 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 Game, FS, 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 Game; (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 FS 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. You agree that you will not, under any circumstances use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the game. FS reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
7.8. Interactions with other Users. You are solely responsible for your interactions with other users of the Game and any other parties with whom you interact through the Game. FS 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 FS (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.
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 Game, or that other users upload or transmit, including without limitation any internal messaging, 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,
wide, 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 Game 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, 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 Game. 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 FS and/or its licensors, FS and/or its licensors own the Site, Game, and all virtual assets made available in the Site and Game, including, without limitation, all Gold (defined below), other in-game currency, cards, booster packs, virtual items, "skins", playmats, artwork, music, other game assets and data generated by the Service (collectively, "Game Assets"). FS and its licensors reserve the exclusive right to create derivative works based on the Site, 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 or the Game except as expressly permitted by FS. Any reproduction or redistribution of the Site or the Game 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 Virtual Currency. You may participate in our Gold service. 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 Game. You may obtain Gold by FS providing you with Gold 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. FS has the right to, and may, limit the amount of Gold you can obtain at any given time. You agree that you will be solely responsible for paying any applicable taxes related to the use of Gold. Your license to Game Assets for use in the Game is a service provided by FS that commences upon acceptance by FS of your purchase of Gold or your redemption of Gold 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
• FS 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. Some Game Assets you obtain may have expiration dates, and they will no longer appear upon the expiration date. You acknowledge and agree that FS 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 FS 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 FS, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.
10.3. Account Suspension. FS reserves the right to reduce, liquidate, deactivate, modify, suspend or terminate your access to the Game and/or any Game Assets (including, without limitation, Gold, cards, and booster packs) or access thereto if FS suspects, after investigation, that you have used cheats, hacks, or used any aspect of the Game to conduct any fraudulent or illegal activity.
11. Fees and Purchases.
11.1. Fees and Payments. Some aspects or Game Assets of the Game require you to pay a fee or a price, the details of which will be made available at a future time. You agree to pay all fees, payments and applicable taxes incurred by you to use the Game, following the payment methodology available and selected by you at any given time, including payments through the Apple Store. 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 Game, including, without limitation, Game Assets, (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 or Game Assets through the Game, you (a) agree to pay the price for such products set forth in the Game, all costs and charges and all applicable taxes in connection with your purchase (the "Full Purchase Amount") and (b) authorize FS to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in Euro. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
11.2. Return and Refund Policy.
• All sales for any Game Asset are final. Except as provided by mandatory law, (I) ALL SALES THROUGH THE GAME ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES. IN ADDITON TO THE FOREGOING, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR USED GOLD OR OTHER GAME ASSETS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
11.3. Changes to Products and Pricing. FS 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. FS 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 shall provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify FS's acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. FS reserves the right at any time after receiving your order to accept or decline your order for any reason. If FS cancels an order after you have already been billed, FS will refund the billed amount.
11.5. Consumers Only. FS 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. 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 FS user infringes upon your copyright, please submit notice to our address […].
13. Intellectual Property.
13.1. Trademarks. "Magic Quest", "Magic Quest - TCG", "FrozenShard" and their logos are trademarks/service marks of FS. Unauthorized use of any FS trademark, service mark or logo may be a violation of federal and state trademark laws.
13.2. Copyright. The Service is protected by Spanish, European Union 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 Game, or individual sections of the content, design or layout of the Site or the Game without FS's express prior written permission.
14. Disclaimer of Warranties.
THE GAME 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. FS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE GAME. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE GAME AND/OR THE CONTENT AVAILABLE ON THE GAME IS AT YOUR SOLE RISK. FS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME 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 GAME 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.
15. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FS, 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 GAME, EVEN IF FS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF FS 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, in such states or jurisdictions, the liability of FS and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold FS 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 FS may issue for the Game from time to time.
17. Dispute Resolution and Governing Law.
17.1. Governing Law; Jurisdiction. This ToU shall be is governed by, and will be construed under, the laws of the KINGDOM OF SPAIN, 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. 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 Madrid, Spain 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.
Because some states or jurisdictions do not allow the election of laws and courts to end-consumes, the foregoing disclaimer may not apply to you.
18.1. TOU Revisions. This ToU may only be revised in writing by FS, or published by FS on the Site or in a click-through or touch-through format.
18.2. 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. FS may terminate this ToU with or without notice for any reason, or for no reason.
18.3. Force Majeure. FS shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FS, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FS'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.
18.4. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FS as a result of this ToU or your use of the Game.
18.5. Assignment. FS 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 FS's prior written consent, and any unauthorized assignment by you shall be null and void.
18.6. 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.
18.7. 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.
18.8. 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.
18.9. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: FrozenShard S.L. C/Acer 30 1º 3º Local 3, Barcelona, Spain 08038.
22.11. Equitable Remedies. You hereby agree that FS 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 Game and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Game.