Terms of Service
(Last Updated: May 7, 2018)
Frostkeep Studios, Inc. (“Frostkeep,” “we,” “us,” and “our”) thanks you for your interest in accessing and using the Frostkeep websites, including those listed at www.frostkeep.com and www.rendgame.com, and including, without limitation, the forums, chat rooms, accounts, apps, materials, information and/or products and services available thereon (collectively, the “Websites”), as well as the games and other game materials and services made available or offered through the Websites and Frostkeep-approved third party digital distributors (collectively, with the Frostkeep Websites, the “Games”).
3. ACCOUNTS GENERALLY
4. CHILDREN UNDER THE AGE OF 13
The Websites are general audience websites and are not directed to children under the age of 13. We do not knowingly collect via the Games personally identifiable information from children under the age of 13.
5. DIGITAL DOWNLOADS AND VIRTUAL ITEMS
5.1. Digital Downloads. For some Frostkeep Games, Frostkeep may sell or authorize the sale of account keys or licenses to digital downloads of the entire game or new content related to a game, such as expansion packs or downloadable content, that provide additional gameplay, content, functionality and/or features. Please note that some or all of the gameplay, content, functionality and features in a digital download may be made available at a reduced price, or for free, in a later release of such Game. Digital downloads are nonrefundable. Where an activation key or registration code (collectively, “Account Key”) is required to download, install or access the Game, the Account Key cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep the Account Key secure. Lost, stolen or misplaced Account Keys cannot be replaced and no refunds or replacement copies of the Game will be provided in the event of a lost, stolen or misplaced Account Key. Frostkeep may provide patches, updates, or upgrades to the Game that must be installed in order for you to continue to use the Game. Frostkeep may update the Game remotely without notifying you, and you hereby consent to Frostkeep applying patches, updates, and upgrades.
5.2. Virtual Items. Frostkeep may make available to game players the opportunity to acquire licenses to a variety of virtual items (“Virtual Items”), which are digital currency and objects such as armor, weapons, ammo, food, crafting tools, adornments, potions, etc. that end users can purchase or earn a limited license to use for entertainment purposes in the Games. Please note that Virtual Items are not chattel and you do not acquire any ownership rights in the Virtual Items. When you acquire any Virtual Item in any Game(s), Frostkeep is providing you a limited license to use the Virtual Item in such Game for personal, non-commercial purposes. Some Virtual Items can be obtained only through gameplay (e.g., by completing quests, killing non-player characters, crafting, spending certain points or in-game currency, etc.), or through certain promotions we offer, such as participating in or completing unique in-game events we may run. Frostkeep reserves the right to add, modify, remove, suspend and reintroduce Virtual Items in the Games, in-game marketplaces, and promotional offers, and to change the prices and/or difficulty of obtaining Virtual Items, at any time in its sole and absolute discretion. Such changes may impact the effectiveness, functionality, and/or commonality of the Virtual Items. As a result, the value and desirability of a Virtual Item may significantly increase or diminish over time. By obtaining a Virtual Item license you assume the risk of any such changes and agree never to assert any claim against Frostkeep based on the actual or perceived value, or change in value, of a Virtual Item. Some Virtual Items may be tradable to other end users as part of the Game. However, except as may be expressly permitted by Frostkeep in its sole and absolute discretion, selling or otherwise transferring a Game account or Virtual Items in exchange for real world money or monetary value is not allowed. Virtual Items acquired through the in-game marketplace are nonrefundable, have no cash value and are not redeemable and/or refundable for any sum of money or monetary value from us.
You hereby agree not to assert and/or bring any cause of action, claim and/or suit against Frostkeep, our affiliates, and/or our licensors and suppliers arising out of and/or related to (a) any claim that you own any digital downloads or Virtual Items, (b) any claim for the "value" of any digital downloads or Virtual Items, (c) any claim for the loss of any "value" of any digital downloads or Virtual Items arising out of and/or related to any acts or omissions of Frostkeep, our affiliates, our service providers, and/or our licensors and suppliers which is/are permitted under the Terms of Service and/or any other Frostkeep policy, and/or (d) any claim that the "value" of any digital downloads or Virtual Items has diminished in value as a result of any modification that Frostkeep, our affiliates, our service providers, and/or our licensors made to any Game(s) or Game(s) related services.
6. SALES POLICY
You must be at least 18 years old to make a purchase. If you are a minor, you must have your parent or guardian submit the payment information and authorize the transaction on your behalf. By submitting your payment information and making a purchase, you agree to pay all applicable transaction costs including sales taxes, credit card fees, PayPal fees, mobile carrier fees, etc. Frostkeep reserves the right to add or remove any method of payment at any time in its sole and absolute discretion.
Frostkeep does not ensure continuous or error-free access or availability of any Game(s). Frostkeep is constantly changing the Games and may, in its sole and absolute discretion, add, modify, disable, suspend and/or remove any Game(s), any portion thereof, including, without limitation, any computer code, games, characters, character names, bestiary, storylines, titles, dialogue, catch phrases, digital downloads, Virtual Items, themes, objects, environments, artwork, maps, locations, likenesses, poses, models, textures, costumes, logos, emblems, powers, badges, achievements, sounds, voiceovers, musical compositions, concepts, artwork, animations, special effects, methods of operation, documentation, in-game chat transcripts, character profile information, video files, game engines, and client and server side software, data, information, materials and other assets contained therein (collectively, the “Game Assets”). Under no circumstance will Frostkeep be liable for any claim that relates to or arises out of any such change that it makes to any Game Assets. Frostkeep may suspend, discontinue and/or terminate any Game(s) and/or Game Asset at any time in its sole and absolute discretion. If and when Frostkeep ends a Game, the Virtual Items that you have acquired in any Game(s) will no longer be available. No refunds will be made for purchases of digital downloads and/or Virtual Items. The license to Virtual Items will terminate upon termination of your Account and as otherwise provided herein.
If you wish to purchase any Virtual Items, digital downloads, or Games-related services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction to Frostkeep and/or its authorized processor, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), ACCOUNT KEY OR OTHER ACCEPTED METHODS OF PAYMENT SPECIFIED BY YOU AND UTILIZED IN CONNECTION WITH ANY TRANSACTION AND YOU AUTHORIZE FROSTKEEP AND/OR ITS PROCESSOR TO CHARGE SUCH PAYMENT METHOD FOR THE FULL AMOUNT OF THE TRANSACTION. You agree to pay all fees, payments and applicable taxes relating to the Game incurred by you or anyone else using your account. By submitting such information, you grant Frostkeep the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
7. RULES OF CONDUCT
While playing or otherwise using any Game(s), you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the Games is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account.
7.1. While playing, streaming, or otherwise using the Games, you agree not to:
- Violate the game-specific rules of conduct posted in the Frostkeep Wiki, on the game-specific website and/or on the game forums.
- Post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive.
- Impersonate or misrepresent your affiliation with Frostkeep, our service providers, our licensors and/or any other person, company and/or group, including, without limitation, copying or mirroring our Websites, their look and feel, graphics and/or content.
- Post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright, privacy or publicity rights or other intellectual or proprietary rights of another person, group or company.
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through a Frostkeep communication feature.
- Post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
- Do anything that might interfere with or adversely affect any Game(s).
- Attempt to disable or circumvent any measures that we or our distributors or service providers use to prevent or restrict access to our or their accounts, servers, databases, data, computers, and networks.
- Modify any part of any Game(s), including, without limitation, any Game client and/or server.
- Arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using any Game(s).
- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which any Game(s) is/are operated.
- Exploit any bug in any Game(s) and to refrain from communicating the existence of any such exploitable bug (bugs that grant the end user unnatural or unintended benefits to the user), directly, indirectly and/or through public posting, to any other end user of such Game(s). Additionally, you agree to promptly report any such bugs to Frostkeep.
- Attempt to play any Game(s) on any server that is not controlled or authorized by Frostkeep or its designees.
- Create, use or provide any server emulator or other site where any Game(s) may be played, and to refrain from posting or distributing any utilities, emulators or other software tools related to any Game(s) without the express written permission of Frostkeep.
- Post, link to, or transmit any kind of unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
- Disclose your or any other person's personal information.
- Interfere with, degrade, harm or disrupt the operation of any Game(s), or the servers or networks used to make such websites and games available, or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using any Game(s) (including, without limitation, by hacking, cracking or defacing any portion of such websites or games).
- Reproduce, copy, modify, adapt, create derivative works of, translate, distribute, license, sell, resell, make available, link to or exploit for any commercial purposes, any portion of, use of, or access to, any Game(s), or any portion thereof, including, without limitation, any Game Assets.
- Use any Game(s) in connection with any commercial activity, including without limitation any “e-sports” or group competition, without Frostkeep’s prior written consent.
Frostkeep may provide many ways for you to communicate with your gaming friends, which may include online forums, in-game text, in-game voice chat, email and messenger-type functionality. All communications that you post or send through any Game(s) (“Communications”) must comply with our Rules of Conduct (see Section 7 above). If you believe another end user has violated the Rules of Conduct, please contact a Frostkeep customer service representative.
All of your Communications in-game and on the Websites will pass through and be stored on our servers or on servers authorized by us to host a Game. You should therefore consider all Communications to be public with no expectation of privacy or confidentiality. Frostkeep reserves the right, but undertakes no obligation, to monitor, filter, modify, block and/or remove content that does not comply with these Terms of Service. Please keep in mind, however, that we cannot control or monitor every Communication between and/or among our end users. You therefore may be exposed to messages or other content created or conveyed by other end users that you find objectionable. You are also responsible for anything you say, print, or otherwise communicate to others through any Game(s). Frostkeep, as an online service provider, is not responsible for the content (including, without limitation, the accuracy, integrity and/or quality) of your Communications and is not liable for any harm that you or others may cause by communicating through any Game(s).
By posting, transmitting or otherwise submitting any Communication or other message, photograph, text, image, artwork, video asset, audio asset, audiovisual asset, or other content, information and/or materials (each, a “Submission”) through any Game(s), you hereby grant Frostkeep a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of Frostkeep) any and all Submissions, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter to become known, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by Frostkeep of the Submissions violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this Section 9, including, without limitation, the copyright and any applicable publicity rights, and that such Submission, and your provision thereof to and through any Game(s) complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory as well as any and all other claims that any use of the Submissions by or on behalf of Frostkeep violates any of your other rights, including but not limited to, privacy, publicity, proprietary, intellectual property and/or other rights. For purposes of clarity, you retain all other intellectual property rights that you may have in your Submissions, subject to the license and rights granted in this Section 9.
Maintaining the integrity of the Games is extremely important to us. When an end user obtains an unfair advantage by cheating it can ruin the gaming experience for everybody else. You may not disassemble, reverse engineer, or modify any Game(s) software in any way. You may not decrypt or modify any data transmitted between the Game software and Frostkeep’s Game servers or game servers hosted by third parties. You may not develop, share, or use any software, program, macro, or interface that modifies the Game play in any way or that gives a user any kind of advantage over other end users, except as expressly authorized by Frostkeep. All forms and methods of cheating, including hacks, bots, aimbots, and duping are expressly forbidden. Frostkeep reserves the right to suspend or permanently terminate the account of, and restrict access to the Games by, any end user that engages in any form of cheating, or that attempts in any way to disable, circumvent, or tamper with any anti-hacking or anti-cheating components or features used with any Game(s).
11. COLLECTION AND USE OF INFORMATION ABOUT YOUR COMPUTER
We may collect certain information about your computer, such as the IP address, type of video card, size of hard drive, etc., and monitor the software and data on your computer, as reasonably necessary to assist us in optimizing the performance of our Games. We may also monitor the processes on your computer as reasonably necessary to detect unauthorized modifications to our Game software and/or the use of software that enables or facilitates any kind of cheating.
12. PROPRIETARY RIGHTS AND LICENSE
Frostkeep and its licensors own all right, title and interest in and to the Games. Frostkeep and its licensors are the sole and exclusive owner of all intellectual property rights, including, without limitation, in and to all copyrights, trademarks, trade names, service marks, logo types, trade dress and other indicia of ownership related to the Games, whether registered or unregistered, any applications and any registrations which may be granted pursuant to such applications, patent rights, trade secret rights, know-how, and other proprietary, property and other rights (“Intellectual Property”) in the Games. The Games are subject to copyright and trademark protections.
All trademarks and service marks in the Games not owned by us are the property of their respective owners. Except as expressly set forth in these Terms of Service, you may not use our trade names, trademarks or service marks. Additionally, you shall not, under any circumstances, use our trade names, trademarks or service marks in connection with any product or service that is not our product or service, or in any manner that is likely to cause confusion.
The Games are licensed, not sold, to end users. Subject to your acceptance of and continued compliance with all the terms and conditions of the Terms of Service and End User License Agreement, during the period of time that you have an account for any Game(s) or for a shorter period of time (as determined by Frostkeep), Frostkeep grants you a limited, personal, non-transferable, non-sublicenseable, revocable, non-exclusive right to load the client-side software of such Game(s) solely in the format made available to you by Frostkeep onto your personal computer, console, or other permitted device; provided that your installation of, access to and play of any Game(s) are solely for your personal, non-commercial use and in accordance with each of the restrictions and limitations set forth in the Terms of Service and End User License Agreement. The client-side software may not be reproduced, transferred, distributed, sold, disassembled, reverse engineered, modified, used as a stand-alone game (without connecting to Frostkeep’s game servers or authorized game servers), or used in connection with non-Frostkeep game servers. If you fail to comply with any of the terms or conditions set forth in the Terms of Service and/or the End User License Agreement, the Terms of Service and End User License Agreement (including, without limitation, the grant of permission to play any Game(s)) will automatically terminate, whereupon you will immediately (y) cease using any Game(s); and (z) remove (i.e., uninstall and delete) the Frostkeep software from your computer system.
13. RESTRICTIONS ON USE
You are solely responsible for any violation of any applicable laws that results from your failure to abide by the Terms of Service and/or End User License Agreement. You hereby agree not to (a) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer any Game(s), in whole or in part, as a standalone product, in conjunction with other products, or otherwise; (b) make copies of the Games, in whole or in part, except as necessary to install any Game(s) in accordance with the Terms of Service; (c) reverse engineer, decompile or disassemble any Game(s), in whole or in part; (d) create derivative works of or from any Game(s), in whole or in part; (e) incorporate any Game(s), in whole or in part, into any product or service; (f) use any Game(s), in whole or in part, for commercial purposes, except as expressly permitted herein; and (g) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in any Game(s), in whole or in part. All rights not expressly granted to you hereunder are reserved to Frostkeep and Frostkeep’s licensors.
14. USER GENERATED CONTENT
Frostkeep encourages end users to increase their engagement with the Games and share their gaming experiences by creating game-related videos, fan fiction and artwork, Fan Sites (as hereinafter defined) and Apps (as hereinafter defined) for others to view, use and enjoy (collectively, “User Generated Content” or “UGC”). Your creation and use of UGC must comply with the following guidelines. For purposes of clarity, UGC does not include any Virtual Items that you create for use within any Frostkeep Game(s).
14.1. Videos. Frostkeep encourages end users to create videos for their favorite Games and share them with others through Fan Sites and video sharing sites like Twitch and YouTube. Videos can include Frostkeep game content such as screenshots and game play footage, and can be edited anyway you like as long as you comply with the Terms of Service. Videos that contain our game content may only be used for non-commercial purposes and may not be licensed or sold. Subject to your compliance with the Terms of Service, you may monetize your videos through “partner programs” on sites like Twitch and YouTube.
14.2. Fan Fiction and Artwork. We enjoy the creativity of our end users and encourage them to create fan fiction and artwork such as short stories and drawings that are based on and/or inspired by Game Assets like the World Tree, Bestiary, locations, characters, etc. Fan fiction and artwork that contains or is based on Game Assets only may be used for non-commercial purposes and may not be licensed or sold. We encourage end users to share fan fiction and artwork through Fan Sites, social media, and game forums.
14.3. Fan Sites and Apps. End users may create websites (“Fan Sites”) and mobile apps (“Apps”) to communicate with each other and share fan fiction, artwork, videos and information about any Game(s). Frostkeep may provide Game Assets for end users to use in creating Fan Sites and Apps. Fan Sites and Apps may also include Game data that is made available or accessible by Frostkeep. Please note that Frostkeep may, in its sole and absolute discretion, modify, suspend or remove access to any portion of the Game data, or all of the Game data, at any time without notice. Subject to your compliance with the Terms of Service, you may (a) monetize your Fan Sites and Apps by displaying banners and other forms of advertising, (b) charge for premium functionality and content on your Fan Site(s), and (c) charge others to download your App(s). If you intend to charge a subscription or access fee to generate revenue from your Fan Site and/or use your UGC for any other commercial purpose not expressly set forth in this Section 14, you first must execute a Fan Site license agreement. The limited permission granted in the Terms of Service with respect to use of Game Assets in connection with Fan Sites does not cover such circumstances. Please contact us if you would like to request a copy of the Fan Site license agreement. Fan Sites that quote an article or message from a Website must limit the quote to one paragraph or less and provide a link back to the full article or message. Permission to link from the Fan Site to the associated Website is granted in such circumstances. Fan Sites may not copy the look and feel of our Website(s), copy and display our content other than as provided herein or display identical or confusingly similar graphics or attempt to mislead or confuse consumers, game players and visitors that the Fansite is an official website, operated or sanctioned by us or affiliated with our Websites or Games.
14.4. License Grant and Restrictions. Subject to your acceptance of and continued compliance with all the terms and conditions of the Terms of Service and End User License Agreement, during the period of time that you have an account for any Game(s) or for a shorter period of time (as determined by Frostkeep), Frostkeep grants you a limited, personal, non-transferable, non-sublicenseable, revocable, non-exclusive right to use Game Assets to create and distribute UGC as described in this Section 14. Frostkeep expressly reserves all other rights in and to the Games, including, without limitation, in and to all Intellectual Property therein. Frostkeep shall remain the sole and exclusive owner of the Games, including, without limitation, all Intellectual Property therein, and your right to create, use and distribute UGC is subject to Frostkeep’s ownership rights and the Terms of Service and End User License Agreement. Nothing in the Terms of Service and/or End User License Agreement shall be construed as allowing you to use, sell, distribute, license or otherwise exploit any Game Asset or Intellectual Property therein for any other purpose or in any other manner other than as expressly provided in this Section 14. Your use of any Game Asset(s) in UGC is subject to the usage guidelines that Frostkeep may provide for those Game Assets from time to time. You hereby agree not to (a) remove any trademark, copyright or other proprietary rights notices contained in any Game Asset, (b) challenge Frostkeep's or its licensors’ ownership of the Game Assets and/or the Intellectual property therein, (c) use Frostkeep’s name, trademarks, and/or the name of any Game(s) in any Fan Site name, domain name, business name or App name, and (d) use or adopt any names and/or trademarks that might be confusingly similar to the names or trademarks of Frostkeep and/or its licensors. UGC must not include any material that is illegal, violates widely-held principles of public morality or decency, or infringes on the rights of third parties or that is likely to harm the reputation of Frostkeep, our affiliates, our service providers and licensors as well as the Games. Your use and distribution of UGC must not suggest or imply any sponsorship by, affiliation with and/or endorsement by Frostkeep and/or any of its affiliates. The creation and sale of merchandise based in whole or in part on any Game(s) is expressly prohibited without Frostkeep’s prior written permission. Frostkeep reserves the right to require the removal, destruction and/or deletion of any UGC that does not comply with the Terms of Service and/or End User License Agreement.
Frostkeep reserves all right, title and interest in and to the Game Assets that are not expressly granted in this Section 14. You shall not rent, sell, commercialize, lease, reproduce, modify, distribute, translate or create derivative works of any Game Asset(s) except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the characters or content contained in any Game(s) without the express written permission of Frostkeep. Frostkeep does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on any Game(s) is expressly prohibited.
15. END USER FEEDBACK
We may ask end users for ideas, suggestions, input, recommendations, information, comments and/or feedback (collectively, “End User Feedback”) to help improve the Games. We may also ask for End User Feedback during the “early access”, “alpha” and/or “beta” phase of any Game to identify and fix bugs and other problems. You also may voluntarily provide End User Feedback to us through forums, in-game tools, email, social media sites and/or other means. By providing End User Feedback to Frostkeep, whether solicited by Frostkeep or not, you hereby grant Frostkeep a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of Frostkeep) any and all End User Feedback, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter to become known, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by Frostkeep or its licensees of the End User Feedback violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
16. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and request that our end users do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials in any Game(s) infringe your copyrighted work, please send a notice to our copyright agent (identified below) with the following information requesting that such materials be removed or access to it blocked: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works incorporated in any Game(s) are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Frostkeep to locate the material on the applicable Game(s); (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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 an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Frostkeep a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Such notices and counter-notices should be sent to:
Frostkeep Studios, Inc.
34-B Mauchly, Irvine, CA 92618
Attn: General Counsel
Among other things, Frostkeep reserves the right to terminate the account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section.
17. INTERNET ACCESS REQUIRED
You need a computer, gaming console and/or mobile device, as applicable, with Internet access to access and play Games. Your computer, gaming console and/or mobile device, as applicable, and Internet equipment will need to meet the minimum specifications for the Games you wish to play. All costs and fees associated with such equipment and related software are your responsibility. Please note that the Games continuously evolve over time, and the minimum specifications for any Game(s) may change. As a result, you may be required to upgrade your computer, gaming console and/or mobile device, as applicable, and/or Internet equipment in order to continue playing the Game(s).
18. EPILEPSY WARNING
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing any Game(s). We advise parents to monitor the use of video games by their children. If you or your child experience any of the following symptoms while playing a video game, immediately discontinue use of the video game and consult your doctor: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement and/or convulsion.
19. LINKS TO OR FROM OTHER SITES
The Game(s) may provide links to or feeds from websites, social media, applications and other online or connected resources. Except as otherwise expressly stated by us in any of the Game(s), we are not affiliated or associated with the operators of any third party websites, applications or other resources that link to or are linked from any Game(s). We expressly disclaim any responsibility for the accuracy, content, or availability of information found on third party websites, social media or resources that link to or are linked from any Game(s). We cannot ensure your satisfaction with any products or services that are available through any third party website, social media or resource that links to or is linked from any Game(s) because these third party websites, social media and resources are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party websites, social media or resources, and we make no representations or warranties as to the security of any information (including, without limitation, credit card, payment and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website, social media or resource, or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES, SOCIAL MEDIA AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES, SOCIAL MEDIA AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES, SOCIAL MEDIA AND RESOURCES.
20. CUSTOMER SERVICE
Frostkeep has an online Wiki section that is accessible online to all end users at rend.gamepedia.com. Frostkeep may also offer customer support for game-related issues.
21. DISCLAIMERS, LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THE GAMES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCESS TO AND USE OF THE GAMES ARE AT YOUR SOLE RISK. FROSTKEEP DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE GAMES, INCLUDING ALL STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FROSTKEEP MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE GAMES, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE. FROSTKEEP HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE GAMES.
IN NO EVENT WILL FROSTKEEP AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FROSTKEEP ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE USE OF OR INABILITY TO USE ANY GAME(S). NONE OF THE FROSTKEEP ENTITIES ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NONE OF THE FROSTKEEP ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER RIGHTS. IN ANY ACTION OR PROCEEDING AGAINST ANY FROSTKEEP ENTITY(IES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE GAMES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME(S). YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ANY FROSTKEEP ENTITY(IES) WITH RESPECT TO THE USE OF OR INABILITY TO USE ANY GAME(S) ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
22. INDEMNIFICATION AND RELEASE
You agree to indemnify and hold harmless the Frostkeep Entities from and against any and all liability, losses, damages, fees, sanctions, costs, and expenses including, without limitation, attorneys’ fees and costs, incurred in connection with or in any way relating to any claim arising out of any breach by you of the Terms of Service and/or End User License Agreement and/or your use of any Games(s). You also agree to release and discharge the Frostkeep Entities from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use of or inability to use any Game(s).
IN NO EVENT SHALL YOU HAVE ANY RIGHT TO RECOVER OR OBTAIN ANY RIGHTS IN OR TO ANY GAME(S), OR TO ENJOIN OR OTHERWISE INTERFERE WITH FROSTKEEP’S DEVELOPMENT, LICENSING, USE, PUBLISHING, MARKETING, SALE, OPERATION, DISTRIBUTION OR EXPLOITATION OF ANY GAME(S), OR ANY RIGHTS ASSIGNED, TRANSFERRED OR RESERVED TO FROSTKEEP UNDER THE TERMS OF SERVICE.
23. GOVERNING LAW; JURISDICTION
The validity, construction, interpretation and legal effect of this Terms of Service shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of California and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California and the United States of America. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Subject to the below provisions of Section 24, (a) you and Frostkeep agree that any controversy, claim or dispute arising out of or relating to this Terms of Service or any aspect of the relationship between you and Frostkeep (each, a “Dispute”) asserted by you against Frostkeep or by Frostkeep against you shall be exclusively in the County of Orange, State of California (if under state law) or the Southern Division of the Central District of California (if under Federal law), and (b) you and Frostkeep each submit and consent to the personal jurisdiction of, and venue in, the state and federal courts located in the County of Orange, State of California. The parties will not raise in connection therewith, and hereby waive, any defenses based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action or suit brought in the State of California.
24. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
24.1. Introduction. Any Dispute, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be settled through Negotiation (as defined below in this Section 24) or Arbitration (as defined below in this Section 24); provided, however, with respect to Excluded Disputes (as defined below in this Section 24) that you and Frostkeep are unable to settle through Negotiation, you or Frostkeep may apply to the Southern Division of the Central District of California to bring any such Excluded Disputes in lieu of Arbitration.
If a Dispute arises, you and Frostkeep first shall attempt in good faith to resolve it promptly by Negotiation as set forth below in this Section 24, and neither you nor Frostkeep may commence Arbitration with respect to any Dispute unless you and Frostkeep first have unsuccessfully pursued Negotiation as provided in this Section 24 (i.e., the parties are unable to resolve the Dispute in writing within the below thirty (30) day period or if either party refuses to comply with the provisions of any written Negotiation settlement). All communications, whether oral, written or electronic, in any Negotiation or Arbitration (including, without limitation, any written Negotiation settlement or Arbitration award) pursuant to this Section 24 shall be treated as confidential, except as may be necessary to prepare for or conduct the Arbitration hearing on the merits, or except as may be necessary in connection with a court application in accordance with the above provisions of Section 24, or except to the extent otherwise required by applicable law. Notwithstanding the above provisions set forth in Section 24, (i) the Federal Arbitration Act applies to and governs the enforceability of this Section 24, and (ii) all communications, whether oral, written or electronic, in Negotiations shall also be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence.
24.2. Negotiation. At any time after a Dispute arises, either you or Frostkeep may initiate negotiation by providing written notice (the “Dispute Notice”) to the other party as follows (“Negotiation”): (a) you shall email Dispute Notices to Frostkeep to disputenotice@Frostkeep.com and (b) Frostkeep shall email Dispute Notices to you to the email address that Frostkeep has on file for you. The Dispute Notice shall describe the nature and basis of the Dispute and sets forth the relief sought. You and a Frostkeep representative shall speak by phone and/or communicate via email at a mutually acceptable time and thereafter as often as reasonably necessary, to attempt to resolve the Dispute. No party shall be obligated to continue to participate in Negotiation if the parties have not resolved the Dispute in writing within thirty (30) days after the non-complaining party’s receipt of the Dispute Notice.
24.3. Arbitration. If you and Frostkeep are unable to resolve any Dispute through Negotiation or if either you or Frostkeep refuses to comply with the provisions of any written Negotiation settlement, then, except for any Excluded Disputes (as hereinafter defined), SUCH DISPUTES WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR (“Arbitration”) INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AND FROSTKEEP AGREE THAT YOU AND FROSTKEEP ARE WAIVING THE RIGHT TO TRIAL BY A JURY. As used in this Terms of Service, “Excluded Dispute” collectively means: (a) any Dispute relating to the infringement, misappropriation and/or other misuse of intellectual property rights other than patent rights (including, without limitation, claims seeking injunctive relief); (b) any Dispute relating to the violation, misappropriation and/or other misuse of confidential information (including, without limitation, claims seeking injunctive relief); (c) any Dispute relating to the enforcement of an Arbitration award; and/or (d) any Dispute that qualifies for small claims court.
An Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.
The Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Terms of Service. The Consumer Arbitration Rules are available online at www.adr.org. Additionally, the arbitrator shall follow applicable state and federal law.
If you seek $10,000 or less in any Arbitration initiated by you, Frostkeep agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000 in any Arbitration initiated by you, the Arbitration costs, including arbitrator compensation, will be split between you and Frostkeep according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures.
CLASS ACTION WAIVER. YOU AND FROSTKEEP AGREE THAT ANY ARBITRATION UNDER THIS TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AND FROSTKEEP ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND FROSTKEEP; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or Frostkeep that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. For residents outside the United States, any arbitration shall be initiated in the County of Orange, State of California, United States of America. The arbitrator’s decision will follow the terms of this Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Terms of Service will preclude you or Frostkeep from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you or against you for us, as applicable.
25. GENERAL TERMS
25.1. California Complaint Assistance. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. If you have a question or complaint regarding any Game(s), please feel free to contact us by phone at (949) 396-1831 or by writing to us at Frostkeep Studios, Inc., Attention: General Counsel, 34-B Mauchly, Irvine, CA 92618. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
25.2. Termination. Your only remedy with respect to any dissatisfaction with any Game(s) is to terminate your account. Frostkeep reserves the right to suspend, restrict or terminate your access to or use of any Game(s), at any time and for any reason, in its sole and absolute discretion. Upon any such termination, your right to use the Games will immediately cease. You agree that any suspension, restriction or termination of your access to or use of any Game(s) may be effected without prior notice and that we may immediately deactivate or delete any username and/or password used by or provided to you, and all access to your Game accounts. You agree that we will not be liable to you or any third party for any suspension, restriction or termination of your access to any Game(s) and we will not be required to make any of the Game Assets associated with your account available to you after any such termination, suspension or restriction. All licenses that you grant under the Terms of Services along with the terms and conditions of the following Sections shall survive the expiration or earlier termination of the Terms of Service: Sections 9, 12, 15, 21, 22 and 24.
25.3. Assignment. You may not assign or transfer any of your rights or obligations under the Terms of Service. Frostkeep may assign or transfer any and/or all of its rights and/or obligations under the Terms of Service without restriction.
25.4. Sweepstakes and Contests. Frostkeep may provide end users the opportunity to participate in various sweepstakes, contests and promotions. In order to participate, you must meet the eligibility requirements and comply with all of the posted rules. You may be required to provide a tax identification number and to sign an affidavit and release in order to collect a prize. Frostkeep may report the value of the prize to federal and state taxing authorities and you will be responsible for paying any taxes due to such authorities.
25.5. Export Controls. Frostkeep operates from its office in California, in the United States of America. While most of the Games may be accessed online, Frostkeep makes no representation that they will be available or appropriate for use outside of the United States. Our software is subject to United States export controls. None of our software may be downloaded, accessed, or exported into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing or using our software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25.7. Severability. Each provision of the Terms of Service shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of the Terms of Service is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms of Service.
25.8. Waiver. Any failure of Frostkeep to enforce or exercise any right or power under the Terms of Service shall not be construed as a waiver of, or a bar to, the exercise of such right or power on any other occasion.
25.9. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://onguardonline.gov/. Please note that Frostkeep does not endorse any of the products or services listed at this site.
25.10. Miscellaneous. The Terms of Service does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The Terms of Service, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) through any Game(s), by email, or by regular mail, in our sole and absolute discretion. Without limitation, you agree that a printed version of the Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in the Terms of Service, express or implied, is intended to or will confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.