Last Updated: 01 April 2015

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS "AGREEMENT") CAREFULLY. BY PARTICIPATING IN THE GAME, OR BY USING THE VARIOUS PLANET FORGE GAMES WEBSITES ON WHICH THIS AGREEMENT APPEARS, INCLUDING BUT NOT LIMITED AND THEIR RELATED WEB PAGES (SINGLY AND COLLECTIVELY, THE "SITE"), YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, DO NOT PARTICIPATE IN THE GAME OR USE THE SITE.

Dragon’s Hoard: Domination® is a side scolling RPG computer game developed by Planet Forge Games (the "Game"). Its wholly owned subsidiary, Planet Forge Games. In this Agreement (as defined below), "Planet Forge Games" means Planet Forge Games, and its licensees, as applicable; "you" and "your" mean the user of the computer on which the Game will be or has been installed and who therefore agrees to this Agreement.

Please note that in using the Site and/or the Game, you may be required to provide Planet Forge Games with certain personally identifiable information, retention and use of which are subject to the Planet Forge Games Privacy Policy, which is located at the bottom of the Site’s homepage and is incorporated herein by reference (the "Privacy Policy"). Your use of the Site and/or the Game signifies that you have read, understand and agree with the terms of the Privacy Policy.

- I -
Limited Use License


The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Your rights to use the Game software (the "Software") are defined in and subject to the terms and conditions of the Game’s End User License Agreement, which is located at the bottom of the Site’s homepage and is incorporated herein by reference (the "EULA"), in addition to this Agreement. The Site, the Game, the Software and "fan kits," if any are made available (collectively, the "Properties") are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Planet Forge Games, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.

- II -
Requirements


In using the Site, and/or by clicking "accept" when you install the Software, you acknowledge that you have read, understand and agree with the terms of this Agreement. In order to participate in the Game, you must also: (i) read, understand and agree to the EULA; (ii) install a valid copy of the Software; and (iii) meet the hardware and connection requirements published on the Site. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game and the Site.

- III -
Account Information


A. General

While some elements of the Site may be generally accessed by the public, certain aspects of the Site (e.g. posting in the Forums, as defined below) requires you to create an Account by providing Planet Forge Games with certain personal information, specifically, your email address, date of birth and shoe size. You agree that you will supply accurate and complete information to Planet Forge Games, and that you will update that information promptly after it changes. All of the information you provide to Planet Forge Games will be governed by the terms and conditions of this Agreement and the Privacy Policy. The information will be used by Planet Forge Games for a variety of internal purposes, including without limitation, to maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, and for possible payment-related issues. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Planet Forge Games reserves the right to terminate this Agreement, your Account, and/or your use of the Game. Please note that in utilizing certain areas of the Site or the Game, you will be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information, your other shoe size or other payment information as appropriate to the selected payment method.


B. Eligibility

Only "natural persons," as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Planet Forge Games rules, policies, notices and/or agreements.

THE SITE AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES PLANET FORGE GAMES KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO PLANET FORGE GAMES.


C. Login Credentials

In creating an Account, you will be required to select a unique user name and password (collectively, "Login Credentials"), which you will use each time you access the Forum.

You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Planet Forge Games immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.


D. Account Sales

The Account supplied to you is personal to you, and Planet Forge Games does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift, loan or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Planet Forge Games) may result in suspension or termination of your Account.


E. Suspension/Termination

  • By Planet Forge Games – To the maximum extent permitted by applicable law, Planet Forge Games reserves the right to suspend, terminate, modify or delete your account in its reasonable discretion and with notice to you. For purposes of explanation and not limitation, most Account suspensions, terminations and/or deletions are the result of violation of this Agreement, the EULA, the Privacy Policy, or general fraud or Account sales. Additionally, Planet Forge Games may stop offering and/or supporting the Game at any time
  • By You – You may terminate your Account at any time, for any reason or no reason, by contacting Planet Forge Games at support@planetforgegamesgames.com and informing us of your decision.

- IV -
Ownership


A. Intellectual Property

All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and methods of operation, trademarks, service marks, trade names, logos, domain names, taglines, patents, inventions, utility models, know-how, and any other intellectual property) are owned by Planet Forge Games or its licensors. The Properties, and all content therein are protected the international intellectual property laws (as applicable). Planet Forge Games and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Planet Forge Games. Additionally, except as otherwise set forth in this Section IV.A, Planet Forge Games does not authorize you to make any use whatsoever of any Planet Forge Games trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the "Planet Forge Games Marks") under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.

Notwithstanding the above, Planet Forge Games may make a "fan kit" available to you (which may be located on the Site) that includes a limited license to use certain Planet Forge Games Marks and other proprietary material. Except for the license expressly granted with the "fan kit," Planet Forge Games reserves all rights, title, and interest in Planet Forge Games Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to use on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.


B. Game Assets, Virtual Items, and Accounts

When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators ("Game Assets") that reside on servers operated by Planet Forge Games as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You acknowledge and agree that Planet Forge Games has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Planet Forge Games does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Planet Forge Games, including without limitation the Game Assets and Virtual Items associated with your Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT, OTHER THAN YOUR LIMITED ACCESS TO USE THE ACCOUNT, ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PLANET FORGE GAMES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME ASSETS, VIRTUAL ITEMS OR PLANET FORGE GAMES POINTS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR PLANET FORGE GAMES POINTS OR VIRTUAL ITEMS. FURTHERMORE, PLANET FORGE GAMES SHALL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, "HACKING," OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS, VIRTUAL ITEMS OR PLANET FORGE GAMES POINTS, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS, VIRTUAL ITEMS OR PLANET FORGE GAMES POINTS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT


C. Unsolicited Idea Submissions

Planet Forge Games values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither Planet Forge Games nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to Planet Forge Games or its employees and/or contractors.

This policy is aimed at avoiding potential misunderstandings or disputes when Planet Forge Games’ products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to Planet Forge Games or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Planet Forge Games and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to Planet Forge Games as specified above are valid, effective and enforceable. To the maximum extent permitted by the laws of your jurisdiction, you also give up any claim that any use by Planet Forge Games and/or its licensees of your Unsolicited Ideas 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 for therein. You hereby authorize Planet Forge Games and its designees, assignees and licensees (1) to determine at their sole discretion whether to use your real name or not when using the Unsolicited Ideas, (2) to disclose to the public the Unsolicited Ideas, (3) to use the Unsolicited Ideas with indication of your name as an author or without such indication at its sole discretion, and (4) to amend, alter, abbreviate and otherwise revise and modify the Unsolicited Ideas at the sole discretion of Planet Forge Games and its designees, assignees and licensees.

- V -
Fees And Billing


Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to Planet Forge Games and/or the third-party payment provider used by Planet Forge Games. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Depending on your region, there may be multiple payment options available to you. You will be directed to choose the payment method you desire and enter the applicable payment information. Your purchase will be complete upon your acceptance of the payment terms (if applicable) and clicking the "pay now" button, at which point a confirmation email will be sent to you. Depending on the payment method you select, you may be redirected to a third-party payment site, and your transaction will be subject to the third party’s payment rules and processes. Planet Forge Games may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. Planet Forge Games may, in its discretion, maintain transaction records for as long as it deems reasonably necessary to carry out its business.

- VI -
Code Of Conduct


While using any of the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Planet Forge Games reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Properties, regardless of whether a specific behaviour is listed here as prohibited. The following are examples of behaviour that warrant disciplinary measures:

  • Impersonating any person, business, or entity, including an employee of Planet Forge Games, or communicating in any way that makes it appear that the communication originates from Planet Forge Games;
  • Posting identifying information about yourself, or any other user, to the Site or within the Game;
  • Harassing, stalking, or threatening any other users in the Game;
  • Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Planet Forge Games contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
  • Transmitting or communicating any content which, in the sole and exclusive discretion of Planet Forge Games, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
  • Transmitting or facilitating the transmission of any content 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;
  • Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
  • Participating in any harmful action which, in the sole and exclusive judgement of Planet Forge Games, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users;
  • Participating in any antisocial action which, in the sole and exclusive judgement of Planet Forge Games, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering";
  • Using any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Planet Forge Games and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information. We're totally cool with you messing around with the Single Player portion of the game though;
  • Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
  • Selecting a Character name that is falsely indicative of an association with Planet Forge Games, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on Character name choices. Planet Forge Games may modify any name which, in the sole and exclusive judgement of Planet Forge Games, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations;

- VII -
User Content


A. Ownership

"Content" means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings and/or the in-Game real-time interactive chat text ("Chat").

You hereby acknowledge and agree that you remain fully responsible for and are the owner of any and all Content. However, you grant Planet Forge Games from the time of uploading or transmission of the Content, non-exclusively, all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity (or for the maximum duration of protection afforded by applicable law), throughout the universe and you hereby grant Planet Forge Games as a present non-exclusive license of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not licensable, you hereby grant to Planet Forge Games and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. To the extent necessary, you agree that you will undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Content granted to Planet Forge Games as specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Planet Forge Games and Planet Forge Games will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights. You hereby authorize Planet Forge Games and its designees, assignees and licensees (1) to determine at their sole discretion whether to use your real name or not when using the Content, (2) to disclose to the public the Content, (3) to use the Content with indication of your name as an author or without such indication at its sole discretion, and (4) to amend, alter, abbreviate and otherwise revise and modify the Content at the sole discretion of Planet Forge Games and its designees, assignees and licensees.


B. Consent to Monitoring

Planet Forge Games does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content, and you further acknowledge and agree that your Chat may be used as part of moderation judgements as more specifically set forth in Section VI.C below. Planet Forge Games does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. Planet Forge Games has the right but not the obligation, in its sole discretion, to edit or remove any Content. Furthermore, Planet Forge Games also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of Planet Forge Games; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behaviour; or (vi) as part of account moderation decisions. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of Planet Forge Games and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.


C. Forums

If you have a valid and active Account, you may post communications and other content to the "forums" section of the Site (the "Forums"). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of Planet Forge Games. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Planet Forge Games neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Planet Forge Games. Planet Forge Games is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Except as otherwise set forth in this Agreement, under no circumstances will Planet Forge Games be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. Planet Forge Games reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.

- VIII -
Updates And Modifications


A. Agreement.

Planet Forge Games reserves the right, in its discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective upon your acceptance. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, Planet Forge Games reserves the right to terminate this Agreement pursuant to the right of termination under clause XVI. You can review the most current version of this Agreement by clicking on the "Terms of Use" link located at the bottom of the Site. You are responsible for checking this Agreement periodically for changes. Please note that Planet Forge Games may also revise other policies, including the EULA and Privacy Policy, at any time, and the new versions will be available on the Site.


B. The Properties.

In an effort to improve the Properties, you agree that Planet Forge Games may change, modify, update, suspend, "nerf," or restrict your access to any features, parts or support of the Properties, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not Planet Forge Games, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.

- IX -
Links


The Site may contain links to websites operated by other parties. Planet Forge Games provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Planet Forge Games, and Planet Forge Games is not responsible for the content available on the other sites. Such links do not imply endorsement by Planet Forge Games of information or material on any other site, and Planet Forge Games disclaims all liability with regard to your access to and use of such linked websites.

Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and Planet Forge Games, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Planet Forge Games’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Planet Forge Games; (iii) when selected by a user, the link must display the external website on full-screen and not within a "frame" on the linking Site; and (iv) Planet Forge Games reserves the right to revoke its consent to the link at any time and in its sole discretion.

- X -
Notice And Procedure For Claims Of Copyright Infringement


If you are a right owner, in particular a copyright owner or agent thereof and believe that content posted on the Site by a Planet Forge Games user infringes upon your rights, in particular your copyright, or you believe that content posted on the Site by a Planet Forge Games user is unlawful for any other reason, please submit notice (for Irish citizens: pursuant to the Copyright and Related Rights Act 2000, as amended) to the Planet Forge Games Copyright and Content Compliance Agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or the holder of the concerned right;
  • A description of the copyrighted work or your legal position that you claim has been infringed;
  • The URL of the location on the Planet Forge Games Site containing the material that you claim is infringing;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or right holder, its agent, or the law; and
  • Another statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, right holder or authorized to act on the copyright owner's behalf.

Planet Forge Games’ Copyright and Content Compliance Agent can be reached by email at: copyright@planetforgegames.com. This email address is intended solely for the receipt of said notices and not for general inquiries or requests of Planet Forge Games. Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that Planet Forge Games may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. The Privacy Policy does not protect information provided in these notices.

- XI -
Warranty Disclaimer


THE PROPERTIES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLANET FORGE GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. PLANET FORGE GAMES DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.

FOR THE AVOIDANCE OF DOUBT PLANET FORGE GAMES DOES NOT DISCLAIM WARRANTIES FOR INTENTIONAL BREACH OF DUTY. THE WARRANTY DISCLAIMER DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET OUT BELOW.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

- XII -
Indemnification


YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PLANET FORGE GAMES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARE ATTRIBUTABLE TO YOUR FAULT AND ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE EULA OR THE PRIVACY POLICY. Planet Forge Games reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Planet Forge Games in asserting any available defenses.

- XIII -
Limitation Of Liability


UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL PLANET FORGE GAMES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF PLANET FORGE GAMES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLANET FORGE GAMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO PLANET FORGE GAMES FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Notwithstanding the aforementioned limitations of liability NOTHING IN THIS AGREEMENT SHALL LIMIT PLANET FORGE GAMES' LIABILITY (i) for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Planet Forge Games or (ii) for other damage arising from a grossly negligent breach of duty by Planet Forge Games or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Planet Forge Games; (iii) for intentional misconduct; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Planet Forge Games ("Cardinal Duties") to the extent that is typical and foreseeable; (v) for any guarantee given by Planet Forge Games to you; and (vi) for any liability under a jurisdiction’s applicable product liability legislation.

Because certain states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Planet Forge Games shall be limited to the fullest extent permitted by applicable law.

- XIV -
Equitable Remedies


You hereby acknowledge and agree that Planet Forge Games would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Planet Forge Games shall be entitled to claim specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

- XV -
Legal Disputes


A. Negotiations.

Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement ("Claim"), you and Planet Forge Games agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.B below). Planet Forge Games will send its notice to the address it has on file to the extent that you have provided additional contact information to Planet Forge Games (e.g. by participating in a promotional or survey, or contacting a customer services representative). Otherwise, Planet Forge Games will send its notice to the email address associated with your Account. You will send your notice to Planet Forge Games, Ltd., P.O. Box 11989, Dublin 2, IRELAND, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.


B. Exceptions to Negotiations.

To the maximum extent permitted under applicable law, you and Planet Forge Games agree that the following Claims are not subject to the above provisions concerning negotiations: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Planet Forge Games’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any Claim for equitable relief. To the extent applicable, you further agree not to bring Claims on a representative or class member basis, or as a private attorney general. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of litigation.


B. Governing Law.

Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of Ireland, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of Ireland. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the "Act") may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement. If you access the Game from, and are a resident of, the European Community and you are a consumer, you may have other or additional mandatory rights or remedies by law as set out in this Agreement.

- XVI -
Termination


This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Planet Forge Games may terminate this Agreement at any time with notice to the other. Termination by Planet Forge Games will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Planet Forge Games as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.

- XVII -
Miscellaneous


A. Assignment
Planet Forge Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Planet Forge Games’ prior written consent, and any unauthorized assignment by you shall be null and void.

B. Customer Contact
If you have any questions concerning these terms and conditions, or if you would like to contact Planet Forge Games for any other reason, please contact Planet Forge Games Support, or visit the "Contact" area on the Site.

C. Entire Agreement
This Agreement represents the complete agreement between you and Planet Forge Games concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Planet Forge Games; provided however that this Agreement shall coexist with, and shall not supersede, the EULA or the Privacy Policy.

D. Force Majeure
Planet Forge Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Planet Forge Games, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Planet Forge Games’ control such as acts of god, war, terrorism, Planet Forge Gamess, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

E. Location
The Site and the Game are operated by Planet Forge Games in Ireland. Those who choose to access the Site and/or the Game from locations outside of Ireland do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls as set forth in the EULA.

F. No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Planet Forge Games as a result of this Agreement or your use of the Site or the Game.

G. No Waiver
Planet Forge Games’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Planet Forge Games of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

H. Notices
Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: [address pending]

I. Reform and Severability
If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

J. Section Headings
The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.

K. Survival
The provisions of Sections IV, V, VII.A, XI-XV, and XVII shall survive any termination of this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.