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Noble Phantom Games

TERMS OF USE

LAST MODIFIED ON 5/27/2021

Important: Please read these Terms of Use carefully before continuing to use this Game.

Section 16 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.

Please read it carefully.

This Terms of Use (the “Agreement”) applies to the video game application “Puzzle Compound,” and the Noble Phantom Games website located at www.noblephantomgames.com (together, the “Service”), provided by Noble Phantom Games LLC (“Noble Phantom Games”).

  1. Acceptance of Terms

    By continuing to use the Service, you agree as follows:

    • You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;

    • You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Noble Phantom Games from time to time; and

    • You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

    If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.

  2. Noble Phantom Games’ License to You

    Noble Phantom Games grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).

  3. Messages from Noble Phantom Games

    You understand that you may receive business-related communications from Noble Phantom Games through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.

    Email messages will be accompanied by instructions for opting out.

  4. Virtual Items

    Virtual goods and downloadable content (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Noble Phantom Games to purchase at the prices and on the terms set forth on the Service.

    You agree that you have no right or title in or to any Virtual Items. Noble Phantom Games does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.

    Under no circumstances will refunds be given for Virtual Items. All sales of Virtual Items are final when the transaction has been processed.

  5. Support Services

    Noble Phantom Games may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Noble Phantom Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Noble Phantom Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Noble Phantom Games will be and remain the sole property of Noble Phantom Games and will be subject to the terms and conditions of this Agreement.

    Noble Phantom Games customer support may be reached by contacting us at contact@noblephantomgames.com. You agree that you will look solely to Noble Phantom Games in connection with Support Services.

  6. Modification, Termination, and Monitoring of the Service

    Noble Phantom Games reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Noble Phantom Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

    Noble Phantom Games reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.

  7. Code of Conduct

    While using the Service, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with the acceptable use and behavioral policies that we publish from time to time on our websites, apps and games and the behavioral rules listed below (collectively the “Code of Conduct”). The Code of Conduct posted to our websites, apps and games or set out in this section are not meant to be exhaustive, and we reserve the right to modify them, as well as take appropriate disciplinary measures including temporary bans or suspensions to protect the integrity and spirit of the Service, regardless of whether a specific behavior is listed in the Code of Conduct as inappropriate.

    • Impersonating any person, business or entity, including an employee of Noble Phantom Games LLC, or communicating in any way that makes it appear that the communication originates from Noble Phantom Games LLC;

    • Publicly posting identifying info about yourself, Noble Phantom Games LLC employees, or other players;

    • Harassing, stalking or threatening other players or Noble Phantom Games LLC employees;

    • Transmitting or communicating any content which we reasonably believe to be offensive to players, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;

    • Using any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Service in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Service and any unauthorized third party programs that collect info about the Service by reading areas of memory used by the Service to store info;

    • Inducing or encouraging others to breach the Code of Conduct or these Terms; or

    • Using the Service for any business purpose without our express written consent or after we’ve asked you to stop using the Service.

  8. Security of Data Transmission and Storage

    Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Noble Phantom Games or between you and other parties.

    Noble Phantom Games and its affiliates and agents are permitted, but not obligated, to review or retain your communications.

  9. Hyperlinks

    The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Noble Phantom Games does not control the Linked Services, and Noble Phantom Games and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Noble Phantom Games has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Noble Phantom Games cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Noble Phantom Games or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.

  10. Trademarks and Copyrights

    The Service is owned by Noble Phantom Games and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Noble Phantom Games. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Noble Phantom Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

    Intellectual property displayed through the Service is either the property of, or used with permission by, Noble Phantom Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

  11. Disclaimer of Warranties
    Your use of the Service is entirely at your own risk.

    The Service is provided by Noble Phantom Games on an as-is basis. Noble Phantom Games expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    Noble Phantom Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.

    No advice or information, whether oral or written, obtained by you from Noble Phantom Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.

    Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you but will be interpreted to the fullest extent permitted by law.

  12. Limitation of Liability

    You expressly understand and agree that Noble Phantom Games is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Noble Phantom Games has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.

    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, the liability of Noble Phantom Games and its affiliates will be limited to the fullest extent permitted by law.

  13. Indemnification

    You agree to indemnify and hold Noble Phantom Games and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Noble Phantom Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.

  14. Your Personal Information

    Certain personal and other information that we collect, process, and share is subject to our Privacy Policy.  As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://www.noblephantomgames.com/PuzzleCompoundPrivacyPolicy.html. You agree that your use of the Service is subject to the Privacy Policy.

  15. Disclosures Required by Law

    Noble Phantom Games reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Noble Phantom Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Noble Phantom Games to disclose the identity of any user believed to be in violation of this Agreement.

    By accepting this Agreement, you waive all rights and agree to hold Noble Phantom Games harmless from any claims resulting from any action taken by Noble Phantom Games during or as a result of its investigations or from any actions taken as a consequence of investigations by either Noble Phantom Games or law enforcement authorities.

  16. Governing Law; Mediation; Jurisdiction

    The Agreement, and all future agreements you enter into with Noble Phantom Games, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Georgia. This is the case regardless of whether you reside or transact business with Noble Phantom Games, or any of its affiliates or agents, in the State of Georgia or elsewhere. Unless a dispute would be governed by the terms of Section 16 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Atlanta, Georgia, USA.

    For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Noble Phantom Games by sending a message via email to contact@noblephantomgames.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

  17. Binding Arbitration
    Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.

    YOU AND NOBLE PHANTOM GAMES AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

    The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.

    Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.

    To start an arbitration, you must send an email to contact@noblephantomgames.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Atlanta, Georgia, USA, unless the parties agree to video, phone and/or internet connection appearances.

    Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Noble Phantom Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.

    Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.

    BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND NOBLE PHANTOM GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

    You and Noble Phantom Games agree that if any portion of this Section is found illegal or unenforceable, that portion will be severed and the remainder of this Section will be given full force and effect.

  18. Miscellaneous Terms

    • Agreement Revisions. This Agreement may only be revised in writing by Noble Phantom Games, or by Noble Phantom Games’ publication of a new version on the Service.

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

    • No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Noble Phantom Games as a result of this Agreement or your use of the Service.

    • Assignment. Noble Phantom 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 Noble Phantom Games’ prior written consent, and any unauthorized assignment by you will be null and void.

    • Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.

    • Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

    • No Waiver. Our failure to enforce any provision of this Agreement will 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 every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

    • Equitable Remedies. You hereby agree that Noble Phantom Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

    • Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Noble Phantom Games with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Noble Phantom Games with respect to the Service.

    I hereby acknowledge that I have read and understand the foregoing Terms of Use Agreement and agree that my use of the Service is an acknowledgment of my agreement to be bound by the terms and conditions of this Terms of Use Agreement.