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Spellfarers™ Terms of Use (TOU)
Effective Date: Feb 1, 2024
Digital Leisure, Inc. is proud to offer Spellfarers™. Your use of Spellfarers™ is contingent upon and subject to these Terms of Use. By using Spellfarers™ you agree to be bound to these Terms of Use and all terms incorporated herein by reference. If you do not agree to these Terms of Use in their entirety, you may not use Spellfarers™ in any way. These Terms of Use constitute a binding contract between you and Digital Leisure Inc. 65 West Beaver Creek Road - Unit B, Richmond Hill, Ontario, Canada L4B1K4.
To improve the readability of these Terms of Use we refer to Digital Leisure, Inc. as “us,” “we,” or “our” and will refer to you the user of Spellfarers™ simply as “you.”
1. Accounts. You must create a Spellfarers™ Account (“Account”) to participate in Spellfarers™ (“Service”). When you create an Account you must provide truthful and accurate information to us and promptly update your Account information if it changes. If we have reasonable grounds to suspect that you have provided any information that is inaccurate, not current, or incomplete, we may suspend or terminate your Account.
We, in our sole discretion, may limit the number of accounts you can establish.
You are solely responsible for all activity on your Account and the security of your computer system. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to the e-mail address associated with your Account. You agree to indemnify and hold us and our employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Account. We reserve the right to terminate your Account if any activity that occurs with respect to your Account violates these Terms of Use.
2. Account Rules. In order to keep your Account active you must at all times act lawfully and with respect towards other users. In particular you must not:
(a) abuse or harass others, including but not limited to stalking or bullying;
(b) use offensive or vulgar language, images, or sounds in any forum, communication, public profile or other publicly viewable areas. This includes speech that is racially, ethnically, or religiously offensive, defamation, threats, bullying and stalking;
(c) organize hate groups or use or promote hate speech;
(d) cheat or engage in deceptive or misleading practices;
(e) send excessive communications that are disruptive (spamming) to the normal process of Spellfarers™ or that are otherwise unsolicited;
(f) use Spellfarers™ in any way for commercial purposes, unless expressly authorized by us (including without limit introducing commercial content or services such as advertisements, solicitations, promotions of goods and services and links to web sites);
(g) introduce content that will be harmful to us, our licensors or other users, such as any code or virus that may damage any property or interfere with the use of Spellfarers™, any content or the network;
(h) access, use, or distribute any content or material that you know or should have known to be infringing or pirated;
(i) impersonate any other person (famous or otherwise), including another user, our employees or employees of any third party company;
(j) provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
(k) sell, buy, or trade your Account, your personal access to Spellfarers™ or any content or services accessed via Spellfarers™, through any means or method, including use of web auction sites;
(l) disclose to anyone the password or any other confidential security information relevant to access your Account; or
(m) otherwise misuse Spellfarers™ program.
3. Termination of Account. Both Digital Leisure and you each have the right to terminate or cancel your Account at any time for any reason. You understand and agree that cancellation of your Account and/or ceasing use of any and all Services are your sole right and remedy with respect to any dispute with us. We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription. In the event that your Account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits will be credited to you, and you will have no further access to your account or anything associated with it. We reserve the right to terminate your Account, in our sole discretion, with or without notice.
4. AS-IS Service. You understand and agree that temporary interruptions may occur as normal events that are out of our control. We accept no liability to you for the activity of other users on Spellfarers™ and no liability to you or others for your activity on Spellfarers™. We give no warranty about the quality, functionality, availability, completeness, accuracy or performance of Spellfarers™ or any content and services available via Spellfarers™. We provide Spellfarers™ AS IS without any warranties and representations of any kind, whether expressed or implied, including but not limited to any warranties of merchantability or fitness for particular purpose, or non-infringement. We do not guarantee Spellfarers™ will always be available or error free. To the extent permitted by applicable law, we exclude all direct and indirect, special, consequential damages and liability, including liability for loss of data or unauthorized access to data and for damage caused to your software or hardware as a result of using or accessing Spellfarers™. Your sole, exclusive remedy is to stop using Spellfarers™ and cease participation in Spellfarers™.
5. Game-As-Service. Spellfarers™ is a game-as-service. From time to time we may modify Spellfarers™ and related content, services and software automatically and without notice. Modifications may cause loss of data or content and loss of function or utility. You hereby authorize us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.
6. License. Subject to your compliance with these Terms of Use and without prejudice to any other terms set forth in these Terms, we grant you a limited, personal, non-exclusive, revocable, non-transferable and non-assignable, non-sublicensable license to access, download and use the Service on any authorized device you own and control, solely for your personal, non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.
Except as expressly specified in these Terms of Use, you agree not to:
(a) reproduce the Service or any part thereof in any form or by any means;
(b) copy or modify, or create derivative works of the Service or any part thereof (including but not limited to any software that forms part of the Service), including, without limitation, make adaptations or modifications to the Service;
(c) sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party;
(d) exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
(e) make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;
(f) disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
(g) misrepresent the source of ownership of the Service;
(h) scrape, build databases or otherwise create permanent copies of any content derived from the Service;
(i) commercially exploit the Service;
(j) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways;
(k) use any unauthorized hardware or software to access or use the Service or make, or distribute unauthorized software or hardware in conjunction with the Service (including but not limited to cheat code, software or devices that circumvent any security features or limitations included on any software or devices);
(l) modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title or other content;
(m) cause disruption to any account, system, hardware, software, or network connected to the Service for any reason, including to gain an unfair advantage;
(n) bypass or attempt to bypass any user authentication systems or security feature;
(o) engage in any activity to gain access to or interfere with any unauthorized account, system, hardware, software, or network connected to the Service; or
(p) use the Service to violate any applicable laws.
The license to use the Service granted under these Terms of Use remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Service in your possession or control. The license will automatically terminate without notice from us if you in any way breach any provision of these Terms of Use. Upon termination in accordance with these Terms of Use for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service.
7. Virtual Goods and Services Only. You understand that any purchases made in game are for virtual goods and have no value outside of the game product. Moreover, you have no property interest in any virtual items. Moreover, We may offer you the opportunity to purchase or use virtual credits, points, tokens, services, or items. We may modify, revalue, or make the Virtual Goods and Services more or less common, valuable, effective, or functional. If we modify, suspend, or terminate any usage of the product or virtual goods and services, then you will forfeit your use of the Virtual Goods and Services. Likewise, except as set forth above, or as required by applicable law, Digital Leisure is not responsible for repairing or replacing your virtual goods, usage subscription, virtual space, virtual tender, or virtual goods and services, or providing you with any credit or refund or any other sum, in the event of:
(a) Our change, suspension or termination of any usage subscription, virtual space, virtual tender, or virtual goods and services; or
(b) for loss or damage due to Website or Server error, or any other reason.
Any Virtual Goods and Services associated with your Account via gift or purchase are purchases of a limited, non-transferable, revocable license to use those Virtual Goods and Services within Spellfarers™. Virtual Goods and Services items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Goods and Services may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual Goods and Services items cannot be refunded or exchanged for cash or any other tangible value.
8. Termination of Use. Digital Leisure reserves the right to terminate usage of subscriptions and/or Virtual Goods and Services at its sole discretion without advance notice or liability. In such event you will not be entitled to a pro-rata refund or credit.
9. User Material. Spellfarers™ may include tools, such as the ability to communicate with other users and to post, stream or transmit pictures, photographs, game-related materials, music, home video content and other information in some areas of Spellfarers™ (“User Material”). Spellfarers™ is an international environment which enables you to communicate with individuals in your own and other countries. Information provided by you in Spellfarers™ may be viewed by individuals in countries that may not offer the same protection for personal data as is provided in your country.
You acknowledge and agree that your User Material is non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in Spellfarers™. You acknowledge that personal information that you communicate publicly within us may be seen and used by others and may result in unsolicited communications. We are not liable for any information that you choose to submit or communicate to other users on or through Spellfarers™, or for the actions of any other users on Spellfarers™.
We do not claim ownership of any User Material you submit or make available for inclusion in Spellfarers™. You authorize us to distribute, copy, modify, display, perform and publish your User Material throughout the product and other associated services worldwide without payment to you or any third party, and you waive any moral rights you may have in your User Material. By posting, streaming or transmitting User Material, you represent and warrant that
(a) you have all rights, including licenses from third parties, necessary to post, stream or transmit such User Material and grant the rights required hereunder, and
(b) you have paid all third parties for any royalties and fees that you might owe as a result of use, display or distribution of such content.
You agree not to submit any User Material that
(a) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
(f) breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this service, or attempts to gain access to other network or server via your Account; or
(g) impersonates any person or entity, including any of our employees or representatives.
If you are not certain you have received all necessary rights from third parties, you may not use, post, stream or transmit such content. We are not responsible for any User Material or communications of users, may not have control over such content, and do not review any of User Materials prior to each user’s transmission or display of such content. You agree to cooperate with us and our affiliates and subsidiaries in resolving any dispute that may arise from your posting, streaming or transmitting of User Material through Spellfarers™. We reserve the right to refuse to post, stream, or transmit and/or to remove any User Material at our discretion.
10. Screen Capture and Sharing. Spellfarers™ may include a screen capture tool which allows you to capture images on the screen while you are in some areas of Spellfarers™. Copyrights of the captured images will belong to us and/or our licensors. The captured images are solely for your non-commercial, revocable and personal use. You may not modify the captured images except for image resizing. You must cease all use of the captured images upon request of us or our licensors. We are not responsible for, or liable for any claims arising as a result of your use of the captured images.
11. Designed for Adults. Spellfarers™ is designed for and only offered to users 18 years of age or older. If you are not 18 years old or over then you must not access Spellfarers™. If you are under the age of 18 years and have previously accessed Spellfarers™ please contact us using the information below so that we can disable your account and take other appropriate action.
12. No Expectation of Privacy. We reserve the right to monitor and record your online activity and communication throughout Spellfarers™ (including in public spaces, club houses and apartments) and to remove any content from Spellfarers™ at our sole discretion but we make no commitment to do so. You acknowledge and agree that your use Spellfarers™ is public and you have no expectation of privacy concerning your use of or participation in Spellfarers™. By accepting these Terms of Use, you expressly consent to this. If you experience any unacceptable or inappropriate behavior while in Spellfarers™ or wish to report any other breach of the Terms of Service or these Terms of Use, please contact our Customer Services or let us know using Spellfarers™ grief reporting facility.
13. Sole Control Over Account Access. We reserve the right to suspend or cancel Spellfarers™ or your access to it at any time in our absolute discretion. If we believe that you are in breach of any of these Terms of Use or any other relevant terms, we may terminate your participation in Spellfarers™ and/or your Spellfarers™ account without paying any compensation to you.
14. Intellectual Property. We retain all right, title, and interest in the Service including any accompanying content and all intellectual property rights associated with the Service. The following are our relevant trademarks or service marks (registered or unregistered): Digital Leisure and Spellfarers™. We may own additional trademarks or service marks not listed here. All custom graphics, icons, logos and service names are our trademarks, trade dress, or service marks whether registered or not. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name without our explicit written permission.
15. Privacy. Upon signing up for participation in Spellfarers™ you agree to have your information including but not limited to your first name, last name and email address stored on our servers. You also consent to allowing us to contact you via the email provided for issues relating to the product as well as newsletters and any other updates the company sees fit. Your information provided will be used in the context in which it was provided and to satisfy this agreement. For more information regarding our privacy practices, please see our [Privacy Notice] which is incorporated fully herein.
16. Release. You release Digital Leisure Inc. (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Digital Leisure Inc. becomes involved in any resolution or attempted resolution of the dispute.
17. Governing Law. These Terms of Use shall be construed and interpreted in accordance with the laws of Canada. Digital Leisure controls and operates the Service from its offices in Canada. Digital Leisure makes no representation that any aspect of the Service is appropriate or available for use outside of Canada. Those who access the Service from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue the Service and/or any content, program, product, service or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. Software related to or made available by the Service may be subject to export controls of Canada. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which Canada or the United States has embargoed goods, software, technology or services (which, as of the effective date of this User Agreement, includes Cuba, North Korea, Iran, Sudan and Syria). By downloading any software related to the Service, 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.
18. Entire Agreement. This Terms of Use, including any additional terms and policies referenced in these Terms of Use, sets forth the entire understanding and agreement between you and Digital Leisure with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings.
19. Modification. Digital Leisure reserves the right to modify these Terms of Use and any additional terms, at any time without prior notice. You agree that we may notify you of the updated Terms of Use (“Updated Terms”) by posting them on the Service, and that your use of the Service after we post the Updated Terms (or engaging in other such conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that we post them or such date as may be specified in them. Except for such Updated Terms, these Terms of Use may not be modified except by mutual written agreement between you and Digital Leisure that is signed by hand (not electronically) by duly authorized representatives of both parties and expressly references amendment of these Terms of Use. You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms of Use.
20. Severability. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
21. No Warranties. No warranty is given about the quality, functionality, availability or performance of Spellfarers™, or any content or service offered on or through Digital Leisure. All services and content are provided AS IS and AS AVAILABLE with all faults. Digital Leisure does not warrant that the service and content will be uninterrupted, error-free or without delays. Digital Leisure expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. Digital Leisure assumes no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM DIGITAL LEISURE SERVICES OR IN CONNECTION WITH THIS AGREEMENT IS TO TERMINATE YOUR USE OF THE PRODUCT. DIGITAL LEISURE EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR COMPUTER OR CONSOLE SYSTEM OR ANY HARDWARE DEVICE, OR USING OR ACCESSING DIGITAL LEISURE ONLINE SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Internet Service Provider fees are the full responsibility of the user.
22. Indemnification. Without limiting your other indemnification obligations described herein, you agree to defend, indemnify and hold harmless Digital Leisure, Inc. and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through our Service. Without limiting your indemnification obligations described herein, Digital Leisure, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
23. Third Party Links, Content, and Services. We have no responsibility or liability for any and all software, content and services within the Service that are not owned by us (“Third Party Content and Services”). Additionally, we may include links to sites operated by third parties. Those sites may collect data or solicit personal information from you. We do not control such sites, and you agree that we are not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
24. Payment. Access to certain features of the Service, may require you to pay fees. Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. We will provide you with advance notice if we change any fees for a recurring payment or subscription. If you do not accept the changes, we may discontinue providing applicable feature to you. You authorize us or our payment processor to charge all sums as described in these Terms of Use, for the Virtual Goods or Services you select, to that payment method. If you pay any fees with a credit card, we or our payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you activate or update recurring payments through the Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order was submitted and accepted, regarding any order, price, advertisement, promotion or giveaway.
You are responsible for all charges and usage on your Account and all purchases made by you or anyone that uses your Account, including applicable taxes. You may pay using the methods available in the Service from time to time, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.
You represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate and authorize us and/or the applicable payment provider to charge you for the Service using your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the us and the applicable payment provider if your credit card is canceled, lost or stolen or if the security of your payment method has otherwise become compromised.
25. Assignment. We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.
26. Notice to California Residents. Under California Civil Code § 1789.3, California consumers may contact us at the addresses below in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service direct. California residents also have the right to contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or 1 (800) 952-5210 regarding this service.
27. Contact.
Digital Leisure Inc.
65 West Beaver Creek Road - Unit B,
Richmond Hill, Ontario, Canada L4B1K4
Effective Date: Feb 1, 2024
Digital Leisure, Inc. is proud to offer Spellfarers™. Your use of Spellfarers™ is contingent upon and subject to these Terms of Use. By using Spellfarers™ you agree to be bound to these Terms of Use and all terms incorporated herein by reference. If you do not agree to these Terms of Use in their entirety, you may not use Spellfarers™ in any way. These Terms of Use constitute a binding contract between you and Digital Leisure Inc. 65 West Beaver Creek Road - Unit B, Richmond Hill, Ontario, Canada L4B1K4.
To improve the readability of these Terms of Use we refer to Digital Leisure, Inc. as “us,” “we,” or “our” and will refer to you the user of Spellfarers™ simply as “you.”
1. Accounts. You must create a Spellfarers™ Account (“Account”) to participate in Spellfarers™ (“Service”). When you create an Account you must provide truthful and accurate information to us and promptly update your Account information if it changes. If we have reasonable grounds to suspect that you have provided any information that is inaccurate, not current, or incomplete, we may suspend or terminate your Account.
We, in our sole discretion, may limit the number of accounts you can establish.
You are solely responsible for all activity on your Account and the security of your computer system. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to the e-mail address associated with your Account. You agree to indemnify and hold us and our employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Account. We reserve the right to terminate your Account if any activity that occurs with respect to your Account violates these Terms of Use.
2. Account Rules. In order to keep your Account active you must at all times act lawfully and with respect towards other users. In particular you must not:
(a) abuse or harass others, including but not limited to stalking or bullying;
(b) use offensive or vulgar language, images, or sounds in any forum, communication, public profile or other publicly viewable areas. This includes speech that is racially, ethnically, or religiously offensive, defamation, threats, bullying and stalking;
(c) organize hate groups or use or promote hate speech;
(d) cheat or engage in deceptive or misleading practices;
(e) send excessive communications that are disruptive (spamming) to the normal process of Spellfarers™ or that are otherwise unsolicited;
(f) use Spellfarers™ in any way for commercial purposes, unless expressly authorized by us (including without limit introducing commercial content or services such as advertisements, solicitations, promotions of goods and services and links to web sites);
(g) introduce content that will be harmful to us, our licensors or other users, such as any code or virus that may damage any property or interfere with the use of Spellfarers™, any content or the network;
(h) access, use, or distribute any content or material that you know or should have known to be infringing or pirated;
(i) impersonate any other person (famous or otherwise), including another user, our employees or employees of any third party company;
(j) provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
(k) sell, buy, or trade your Account, your personal access to Spellfarers™ or any content or services accessed via Spellfarers™, through any means or method, including use of web auction sites;
(l) disclose to anyone the password or any other confidential security information relevant to access your Account; or
(m) otherwise misuse Spellfarers™ program.
3. Termination of Account. Both Digital Leisure and you each have the right to terminate or cancel your Account at any time for any reason. You understand and agree that cancellation of your Account and/or ceasing use of any and all Services are your sole right and remedy with respect to any dispute with us. We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription. In the event that your Account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits will be credited to you, and you will have no further access to your account or anything associated with it. We reserve the right to terminate your Account, in our sole discretion, with or without notice.
4. AS-IS Service. You understand and agree that temporary interruptions may occur as normal events that are out of our control. We accept no liability to you for the activity of other users on Spellfarers™ and no liability to you or others for your activity on Spellfarers™. We give no warranty about the quality, functionality, availability, completeness, accuracy or performance of Spellfarers™ or any content and services available via Spellfarers™. We provide Spellfarers™ AS IS without any warranties and representations of any kind, whether expressed or implied, including but not limited to any warranties of merchantability or fitness for particular purpose, or non-infringement. We do not guarantee Spellfarers™ will always be available or error free. To the extent permitted by applicable law, we exclude all direct and indirect, special, consequential damages and liability, including liability for loss of data or unauthorized access to data and for damage caused to your software or hardware as a result of using or accessing Spellfarers™. Your sole, exclusive remedy is to stop using Spellfarers™ and cease participation in Spellfarers™.
5. Game-As-Service. Spellfarers™ is a game-as-service. From time to time we may modify Spellfarers™ and related content, services and software automatically and without notice. Modifications may cause loss of data or content and loss of function or utility. You hereby authorize us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.
6. License. Subject to your compliance with these Terms of Use and without prejudice to any other terms set forth in these Terms, we grant you a limited, personal, non-exclusive, revocable, non-transferable and non-assignable, non-sublicensable license to access, download and use the Service on any authorized device you own and control, solely for your personal, non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.
Except as expressly specified in these Terms of Use, you agree not to:
(a) reproduce the Service or any part thereof in any form or by any means;
(b) copy or modify, or create derivative works of the Service or any part thereof (including but not limited to any software that forms part of the Service), including, without limitation, make adaptations or modifications to the Service;
(c) sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party;
(d) exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
(e) make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;
(f) disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
(g) misrepresent the source of ownership of the Service;
(h) scrape, build databases or otherwise create permanent copies of any content derived from the Service;
(i) commercially exploit the Service;
(j) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways;
(k) use any unauthorized hardware or software to access or use the Service or make, or distribute unauthorized software or hardware in conjunction with the Service (including but not limited to cheat code, software or devices that circumvent any security features or limitations included on any software or devices);
(l) modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title or other content;
(m) cause disruption to any account, system, hardware, software, or network connected to the Service for any reason, including to gain an unfair advantage;
(n) bypass or attempt to bypass any user authentication systems or security feature;
(o) engage in any activity to gain access to or interfere with any unauthorized account, system, hardware, software, or network connected to the Service; or
(p) use the Service to violate any applicable laws.
The license to use the Service granted under these Terms of Use remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Service in your possession or control. The license will automatically terminate without notice from us if you in any way breach any provision of these Terms of Use. Upon termination in accordance with these Terms of Use for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service.
7. Virtual Goods and Services Only. You understand that any purchases made in game are for virtual goods and have no value outside of the game product. Moreover, you have no property interest in any virtual items. Moreover, We may offer you the opportunity to purchase or use virtual credits, points, tokens, services, or items. We may modify, revalue, or make the Virtual Goods and Services more or less common, valuable, effective, or functional. If we modify, suspend, or terminate any usage of the product or virtual goods and services, then you will forfeit your use of the Virtual Goods and Services. Likewise, except as set forth above, or as required by applicable law, Digital Leisure is not responsible for repairing or replacing your virtual goods, usage subscription, virtual space, virtual tender, or virtual goods and services, or providing you with any credit or refund or any other sum, in the event of:
(a) Our change, suspension or termination of any usage subscription, virtual space, virtual tender, or virtual goods and services; or
(b) for loss or damage due to Website or Server error, or any other reason.
Any Virtual Goods and Services associated with your Account via gift or purchase are purchases of a limited, non-transferable, revocable license to use those Virtual Goods and Services within Spellfarers™. Virtual Goods and Services items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Goods and Services may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual Goods and Services items cannot be refunded or exchanged for cash or any other tangible value.
8. Termination of Use. Digital Leisure reserves the right to terminate usage of subscriptions and/or Virtual Goods and Services at its sole discretion without advance notice or liability. In such event you will not be entitled to a pro-rata refund or credit.
9. User Material. Spellfarers™ may include tools, such as the ability to communicate with other users and to post, stream or transmit pictures, photographs, game-related materials, music, home video content and other information in some areas of Spellfarers™ (“User Material”). Spellfarers™ is an international environment which enables you to communicate with individuals in your own and other countries. Information provided by you in Spellfarers™ may be viewed by individuals in countries that may not offer the same protection for personal data as is provided in your country.
You acknowledge and agree that your User Material is non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in Spellfarers™. You acknowledge that personal information that you communicate publicly within us may be seen and used by others and may result in unsolicited communications. We are not liable for any information that you choose to submit or communicate to other users on or through Spellfarers™, or for the actions of any other users on Spellfarers™.
We do not claim ownership of any User Material you submit or make available for inclusion in Spellfarers™. You authorize us to distribute, copy, modify, display, perform and publish your User Material throughout the product and other associated services worldwide without payment to you or any third party, and you waive any moral rights you may have in your User Material. By posting, streaming or transmitting User Material, you represent and warrant that
(a) you have all rights, including licenses from third parties, necessary to post, stream or transmit such User Material and grant the rights required hereunder, and
(b) you have paid all third parties for any royalties and fees that you might owe as a result of use, display or distribution of such content.
You agree not to submit any User Material that
(a) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
(f) breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this service, or attempts to gain access to other network or server via your Account; or
(g) impersonates any person or entity, including any of our employees or representatives.
If you are not certain you have received all necessary rights from third parties, you may not use, post, stream or transmit such content. We are not responsible for any User Material or communications of users, may not have control over such content, and do not review any of User Materials prior to each user’s transmission or display of such content. You agree to cooperate with us and our affiliates and subsidiaries in resolving any dispute that may arise from your posting, streaming or transmitting of User Material through Spellfarers™. We reserve the right to refuse to post, stream, or transmit and/or to remove any User Material at our discretion.
10. Screen Capture and Sharing. Spellfarers™ may include a screen capture tool which allows you to capture images on the screen while you are in some areas of Spellfarers™. Copyrights of the captured images will belong to us and/or our licensors. The captured images are solely for your non-commercial, revocable and personal use. You may not modify the captured images except for image resizing. You must cease all use of the captured images upon request of us or our licensors. We are not responsible for, or liable for any claims arising as a result of your use of the captured images.
11. Designed for Adults. Spellfarers™ is designed for and only offered to users 18 years of age or older. If you are not 18 years old or over then you must not access Spellfarers™. If you are under the age of 18 years and have previously accessed Spellfarers™ please contact us using the information below so that we can disable your account and take other appropriate action.
12. No Expectation of Privacy. We reserve the right to monitor and record your online activity and communication throughout Spellfarers™ (including in public spaces, club houses and apartments) and to remove any content from Spellfarers™ at our sole discretion but we make no commitment to do so. You acknowledge and agree that your use Spellfarers™ is public and you have no expectation of privacy concerning your use of or participation in Spellfarers™. By accepting these Terms of Use, you expressly consent to this. If you experience any unacceptable or inappropriate behavior while in Spellfarers™ or wish to report any other breach of the Terms of Service or these Terms of Use, please contact our Customer Services or let us know using Spellfarers™ grief reporting facility.
13. Sole Control Over Account Access. We reserve the right to suspend or cancel Spellfarers™ or your access to it at any time in our absolute discretion. If we believe that you are in breach of any of these Terms of Use or any other relevant terms, we may terminate your participation in Spellfarers™ and/or your Spellfarers™ account without paying any compensation to you.
14. Intellectual Property. We retain all right, title, and interest in the Service including any accompanying content and all intellectual property rights associated with the Service. The following are our relevant trademarks or service marks (registered or unregistered): Digital Leisure and Spellfarers™. We may own additional trademarks or service marks not listed here. All custom graphics, icons, logos and service names are our trademarks, trade dress, or service marks whether registered or not. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name without our explicit written permission.
15. Privacy. Upon signing up for participation in Spellfarers™ you agree to have your information including but not limited to your first name, last name and email address stored on our servers. You also consent to allowing us to contact you via the email provided for issues relating to the product as well as newsletters and any other updates the company sees fit. Your information provided will be used in the context in which it was provided and to satisfy this agreement. For more information regarding our privacy practices, please see our [Privacy Notice] which is incorporated fully herein.
16. Release. You release Digital Leisure Inc. (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Digital Leisure Inc. becomes involved in any resolution or attempted resolution of the dispute.
17. Governing Law. These Terms of Use shall be construed and interpreted in accordance with the laws of Canada. Digital Leisure controls and operates the Service from its offices in Canada. Digital Leisure makes no representation that any aspect of the Service is appropriate or available for use outside of Canada. Those who access the Service from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue the Service and/or any content, program, product, service or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. Software related to or made available by the Service may be subject to export controls of Canada. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which Canada or the United States has embargoed goods, software, technology or services (which, as of the effective date of this User Agreement, includes Cuba, North Korea, Iran, Sudan and Syria). By downloading any software related to the Service, 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.
18. Entire Agreement. This Terms of Use, including any additional terms and policies referenced in these Terms of Use, sets forth the entire understanding and agreement between you and Digital Leisure with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings.
19. Modification. Digital Leisure reserves the right to modify these Terms of Use and any additional terms, at any time without prior notice. You agree that we may notify you of the updated Terms of Use (“Updated Terms”) by posting them on the Service, and that your use of the Service after we post the Updated Terms (or engaging in other such conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that we post them or such date as may be specified in them. Except for such Updated Terms, these Terms of Use may not be modified except by mutual written agreement between you and Digital Leisure that is signed by hand (not electronically) by duly authorized representatives of both parties and expressly references amendment of these Terms of Use. You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms of Use.
20. Severability. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
21. No Warranties. No warranty is given about the quality, functionality, availability or performance of Spellfarers™, or any content or service offered on or through Digital Leisure. All services and content are provided AS IS and AS AVAILABLE with all faults. Digital Leisure does not warrant that the service and content will be uninterrupted, error-free or without delays. Digital Leisure expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. Digital Leisure assumes no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM DIGITAL LEISURE SERVICES OR IN CONNECTION WITH THIS AGREEMENT IS TO TERMINATE YOUR USE OF THE PRODUCT. DIGITAL LEISURE EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR COMPUTER OR CONSOLE SYSTEM OR ANY HARDWARE DEVICE, OR USING OR ACCESSING DIGITAL LEISURE ONLINE SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Internet Service Provider fees are the full responsibility of the user.
22. Indemnification. Without limiting your other indemnification obligations described herein, you agree to defend, indemnify and hold harmless Digital Leisure, Inc. and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through our Service. Without limiting your indemnification obligations described herein, Digital Leisure, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
23. Third Party Links, Content, and Services. We have no responsibility or liability for any and all software, content and services within the Service that are not owned by us (“Third Party Content and Services”). Additionally, we may include links to sites operated by third parties. Those sites may collect data or solicit personal information from you. We do not control such sites, and you agree that we are not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
24. Payment. Access to certain features of the Service, may require you to pay fees. Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. We will provide you with advance notice if we change any fees for a recurring payment or subscription. If you do not accept the changes, we may discontinue providing applicable feature to you. You authorize us or our payment processor to charge all sums as described in these Terms of Use, for the Virtual Goods or Services you select, to that payment method. If you pay any fees with a credit card, we or our payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you activate or update recurring payments through the Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order was submitted and accepted, regarding any order, price, advertisement, promotion or giveaway.
You are responsible for all charges and usage on your Account and all purchases made by you or anyone that uses your Account, including applicable taxes. You may pay using the methods available in the Service from time to time, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.
You represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate and authorize us and/or the applicable payment provider to charge you for the Service using your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the us and the applicable payment provider if your credit card is canceled, lost or stolen or if the security of your payment method has otherwise become compromised.
25. Assignment. We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.
26. Notice to California Residents. Under California Civil Code § 1789.3, California consumers may contact us at the addresses below in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service direct. California residents also have the right to contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or 1 (800) 952-5210 regarding this service.
27. Contact.
Digital Leisure Inc.
65 West Beaver Creek Road - Unit B,
Richmond Hill, Ontario, Canada L4B1K4