Last updated March 21, 2019
1.3. You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by Tristenblake under the laws of applicable jurisdiction. The Service is not intended for use by children under 13 years of age.
2.1. Tristenblake hereby grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license to use the Site and the services offered by our Site (the "Services") as well as any software (the "Software") in connection with the Services only for the purposes of accessing, viewing or playing content, posting or submitting User Content, using the embedded link function, placing product orders or for accessing information, Applications and services solely for you noncommercial, limited personal use and for no other purposes.
2.2. The rights granted to you under this Agreement are subject to the following conditions:
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to Tristenblake or its licensor(s).
You may not, nor will you allow any third party (whether or not for your benefit (a) alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site; (b) reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Tristenblake. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
2.3. If you access one of our Tristenblake Software, you may have the opportunity to get a limited and revocable license to use virtual, in-game currency or items that can be used while playing such Software. You may be required to pay a fee to obtain virtual currency and/or items. You understand that "Virtual Items" including but not limited to virtual coins, tokens, points, goods that you may "earn", "purchase" or "give as a gift" exist solely in the virtual world and have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Software. Price and availability of virtual currency and virtual items are subject to change without notice.
3.2. Only one person may use an Account and you may not have more than four Accounts. Tristenblake reserves the right to set limits on the number of Accounts over time in its sole discretion.
3.4. You are liable for all activities conducted through your Account. Your Account may be blocked if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Tristenblake will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
3.5. You shall not have an Account or use the Service if you have previously been removed by Tristenblake or previously been banned from playing any Tristenblake game.
3.6. Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at its sole discretion without preliminary notification.
4.1. We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Tristenblake Site, other websites, forums, chats or other channels, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Tristenblake does not endorse, approve, or prescreen any content that you or other users post or communicate in connection with use of any Tristenblake Services. Tristenblake does not assume any responsibility or liability for any content that is generated, posted or communicated by any user in connection with use of any Tristenblake Services. You agree to indemnify Tristenblake and its Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate.
4.2. You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, forums or bulletin boards, and any other similar types of communications and submissions in regard of use of any Tristenblake Services, are non-confidential, public communications, and you have no expectation of privacy concerning such communications. You acknowledge that personal information that you communicate publicly may be seen and used by others and may result in unsolicited communications. Tristenblake is not liable for any information that you choose to submit or communicate to other users, or for the actions of any other users.
4.3. You represent and warrant that you have all necessary rights in and to any Content that you post, that such Content do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Tristenblake and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such Content incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Tristenblake permission to use any such name, voice, likeness and/or image of such individual appearing in the Content you post throughout the world in perpetuity. Once you post or communicate any content or Content on Tristenblake Site or Software, you expressly grant Tristenblake the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or Content, including without limitation the name you submit in connection with such content or Content, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
4.4. It is Tristenblake' policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If You believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service or in a Tristenblake' game in a way that may constitute copyright infringement, you may provide notice of your claim to the following e-mail address: email@example.com.
As a condition of your use of the Service, and without limiting any other obligations under these Terms of Service, you agree to comply with the limitations and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth. Any use of the Service in violation of these Rules of Conduct is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 2, and may subject you to liability for violations of law.
5.1. ILLEGAL CONTENT. You agree that you will not transmit, make available or otherwise promote or support, under any circumstances:
any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
any abusive, offensive, or defamatory screen names and/or avatars;
any Content that promotes illegal activity, such as drug use;
any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
any unsolicited or unauthorized advertising, promotional Content, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
any spyware, passive collection mechanism or any other code or Content that acts as a passive or active information collection or transmission mechanism; (g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any part thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user's uninterrupted use and enjoyment of the Service;
unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any part of the Service.
5.2. ILLEGAL ACTIVITY. You agree that you will not, under any circumstances:
organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate and defraud or mislead Tristenblake or other users or otherwise engage in any suspicious activity;
promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items;
interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Tristenblake Services;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user's Account for any purpose, including to circumvent a suspension or ban;
cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the experience to the detriment of fair play; or
use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
abuse or exploit bugs, undocumented features, design errors or problems in the game;
sublicense, rent, lease, sell, trade, gift, bequest or otherwise transfer your Account or any Virtual Items or Virtual Currency associated with your Account to anyone without Tristenblake's written permission;
use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
5.3. These Rules of Conduct are not meant to be exhaustive, and Tristenblake reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action-up to and including termination of User Account and exclusion from further participation in the Services.
6.1. Certain areas of the Site and the Services may charge fees to purchase a license to access and acquire certain virtual game items or participate in game activities on the Site or other platforms. You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT TRISTENBLAKE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
6.2. Tristenblake may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Site. Such modifications, amendments or supplements shall be effective immediately upon posting on the site. If any change is unacceptable to you, you may cancel your account at any time.
7.1. Tristenblake and you each have the right to terminate or cancel any of your Tristenblake account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Tristenblake account(s) and/or ceasing use of any and all Tristenblake Services is your sole right and remedy with respect to any dispute with Tristenblake.
7.2. If you violate these Terms of Service, Tristenblake may issue you a warning regarding the violation, or, in Tristenblake sole discretion, immediately block or terminate any and all Tristenblake accounts and/or cancel access to the Tristenblake Service. You acknowledge that Tristenblake is not required to provide you with any notice or warning prior to any such cancellation under this Section.
8.1. Clicking a hyperlink may direct you away from the Site or the Software. Tristenblake does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies.
8.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tristenblake shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
9.1. Tristenblake reserves all right, title and interest in the Site and the Software and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.
9.2. The names and logos, and other graphics, logos, icons, and service names associated with the Tristenblake Site or Service, trademarks, registered trademarks or trade dress of Tristenblake or its licensors or Affiliates in the United States and/or other countries is the property of Tristenblake Ltd. Tristenblake' trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Tristenblake or its Affiliates, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Tristenblake, its Affiliates, or any Tristenblake Service. The compilation of all content of the Tristenblake Site, other websites, applications and games is the exclusive property of Tristenblake or its Affiliates and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Tristenblake Site or Software unless we have expressly authorized you to do so in writing. If you fail to adhere to these Terms of Service, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content of the Tristenblake Site or Software, you agree to indemnify and hold harmless Tristenblake and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF TRISTENBLAKE SERVICES, TRISTENBLAKE SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. TRISTENBLAKE SERVICES, TRISTENBLAKE SOFTWARE, TRISTENBLAKE PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF TRISTENBLAKE SOFTWARE OR TRISTENBLAKE SERVICES. TRISTENBLAKE DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. TRISTENBLAKE PROVIDES TRISTENBLAKE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE TRISTENBLAKE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT TRISTENBLAKE WILL HAVE ADEQUATE CAPACITY FOR TRISTENBLAKE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
10.2. YOU ACKNOWLEDGE AND AGREE THAT TRISTENBLAKE AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON TRISTENBLAKE SERVICES OR USE OF TRISTENBLAKE SOFTWARE. IN NO CASE SHALL TRISTENBLAKE OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "TRISTENBLAKE AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO TRISTENBLAKE FOR TRISTENBLAKE SERVICES. IN NO CASE SHALL TRISTENBLAKE' LIABILITY TO YOU EXCEED $100 (ONE HUNDRED) US DOLLARS. IN NO CASE SHALL TRISTENBLAKE OR TRISTENBLAKE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF TRISTENBLAKE SERVICES, TRISTENBLAKE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF TRISTENBLAKE SERVICES OR ACCOUNTS. WHILE TRISTENBLAKE USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, TRISTENBLAKE AND ITS LICENSORS ASSUME NO LIABILITY FOR 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 USING ANY TRISTENBLAKE SERVICE, CONTENT, TRISTENBLAKE SOFTWARE TO YOUR COMPUTER AND/OR DEVICE. 10.3. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRISTENBLAKE, KAMAGAME'S LICENSORS AND TRISTENBLAKE' AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
11.1. Upon Tristenblake' request, you agree to defend, indemnify and hold harmless Tristenblake and Tristenblake Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Tristenblake Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Tristenblake harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Tristenblake Services and for all of your communication and activity on Tristenblake Services, including any Content you contribute, and that you will indemnify and hold harmless Tristenblake and Tristenblake Affiliates from any liability or damages arising from your conduct on Tristenblake Services, including any Content that you contribute.
11.2. Tristenblake reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Tristenblake in that matter. This Section shall survive termination of this Terms of Service.
12.1 The term "Dispute" means any dispute, claim or controversy between you and Us or Us and you arising out of, or relating to Service or the Site, these terms or your account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section. "Dispute" is to be given the broadest possible meaning.
You agree that any Dispute between you and Us will be governed by the laws of England and Wales and under the arbitration procedures outlined below.
If a Dispute arises between you and Us, our goal is to provide you with a neutral and cost effective means of resolving the Dispute quickly. Accordingly, you and Us agree that we will resolve any Dispute in accordance with one of the subsections below or as We and you otherwise agree in writing.
12.2. Informal Negotiations/Notice of Dispute. You and Us agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute).
Notices of Dispute must:
We will send its Notice of Dispute to your billing address (if you provided it to us) or to the email you provided to us.
You will send your Notice of Dispute to our postal address specified below.
12.3. If the Dispute is not resolved in Informal Negotiations within 30 days after receipt of the Notice of Dispute, each party may initiate arbitration in accordance with arbitration procedure below.
The parties agree that the exclusive jurisdiction of Riga Permanent Court of Arbitrage, registration number 40003759884, address Burtnieku Street 39, Riga, Latvia, LV-1084, according to the rules of the procedure of the court, with one arbitrator, with arbitration held and the award rendered in English.
13.1. Entire Agreement. These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein constitutes the entire agreement between you and Tristenblake hereto with respect to the subject matter hereof and supersedes all prior understandings or arrangements, oral or written, between you and us with respect to the subject matter hereof.
13.2. Waiver. The failure of Tristenblake of require or enforce strict performance by you of any provision of these Terms of Service or failure to exercise any right shall not be construed as a waiver or relinquishment of Tristenblake's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Tristenblake of any provision, condition, or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Tristenblake shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Tristenblake.
13.4. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other provisions. This Agreement shall continue in full force and effect except for any such invalid, illegal or unenforceable provision.
13.5. Force Majeure. Tristenblake shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Tristenblake, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Tristenblake's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or Content.