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These Terms of Service describe how Stormhaven Studios, LLC, and our affiliates (collectively Stormhaven Studios, Company, Embers Adrift, or we, our, or us) explain the conditions that apply when you use our various games, software, products, services, websites, accounts, features, content, and activities (the Services, and each a Service). These Terms of Service govern your use of any Service that posts or links to these Terms of Service, or is owned, controlled, or published by or us.
Before using the Services, you must read and accept these Terms of Service and you acknowledge that you have read and understand our Privacy Policy [https://www.stormhavenstudios.com/#/privacy-policy]. If you are located in the European Union or United Kingdom, please see our EU and UK Privacy Policy here [https://www.stormhavenstudios.com/#/privacy-policy-eu]. If you do not agree to these Terms of Service or our Privacy Policy, please discontinue use of the Services.
MANY TYPES OF DISPUTES THAT MAY ARISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MAY BE SUBJECT TO MANDATORY ARBITRATION. PLEASE READ THE ARBITRATION PROVISIONS OF THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES
1. Limited License
Stormhaven Studios and its licensors own and reserve all rights, title, and interest in the Services and the associated intellectual property in the Services, including audio-visual elements and other copyrightable materials (such as the look and feel of the Services); trademarks, logos, trade names, service marks, and trade identities of Stormhaven Studios and our licensors; patentable subject matter; and any other forms of intellectual property. Subject to your continuing compliance with these Terms of Service, Stormhaven Studios grants you a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-transferable license to use the Services for your personal, non-commercial use. Stormhaven Studios may immediately suspend or terminate the availability of some or all of the Services for any reason, in Stormhaven Studios' sole discretion, without advance notice or liability
2. Pre-Orders
Stormhaven Studios is raising funds for a particular Service, the MMORPG Embers Adrift (the Game). If you elect to be a contributor for the Game, you may select one or more of the pre-order tiers and pay the indicated fees in accordance with the following agreement between Stormhaven Studios and you.
You must be a registered user to select and pay for a pre-order. Upon selection of a tier, your payment will be collected through an independent third-party payment processor. By using such third party payment processor, you agree to the terms and conditions applicable to each payment method you choose. Stormhaven Studios does not receive any confidential payment data from such providers, and Stormhaven Studios is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third-party payment providers are your responsibility. Stormhaven Studios reserves the right to change such payment providers at any time.
Your payment is a deposit to be used for the development and production cost of the Game, including the website cost, the production and delivery cost for the pledge items, and Stormhaven Studio's corporate expenses associated with the foregoing (the Game Cost).
The deposit shall be earned by Stormhaven Studios and become non-refundable to the extent that it is used for the Game Cost, with each Contributor's deposit being applied as follows: first to the fulfillment of the pre-order tier items, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total Contributor deposits remaining after the cost for the pledge items.
Stormhaven Studios agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by Stormhaven Studios since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless Stormhaven Studios has not delivered the pledge items and/or the Game to you within 12 months after the estimated delivery date.
For the avoidance of doubt, in consideration of Stormhaven Studios' good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Game Cost as described above shall be non-refundable regardless of whether or not Stormhaven Studios is able to complete and deliver the Game. In the unlikely event that Stormhaven Studios is not able to deliver the Game, Stormhaven Studios agrees to post a cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by Stormhaven Studios hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost in accordance with the above.
3. Use Restrictions
In order to use the Services, you must not do any of the following: (i) violate any applicable law or regulation; (ii) use the Services for commercial or political purposes; (iii) copy, scrape, reproduce, redisplay, reverse engineer, decompile, hack, or modify the Services, including any server or network used to provide the Services (except to the extent enforcement of the foregoing is prohibited by applicable law); (iv) access or attempt to access an Account (defined below) that does not belong to you; (v) interfere with another user's use of the Services; (vi) cheat or create an unfair advantage in the Services or any other Stormhaven Studios games or services; (vii) create, develop, modify, distribute, use, promote, advertise, sell, commercialize, or otherwise exploit any unauthorized software, service, tool, or scheme to cheat or create an advantage in any offline, online, or multiplayer modes of the Services or any Stormhaven Studios games or services; (viii) interfere with any security feature of the Services; (ix) use an unauthorized server to emulate or access the Services; (x) intercept, mine, or collect information from the Services or its users without authorization; (xi) violate the intellectual property rights or other rights of Stormhaven Studios or others; or (xii) remove any trademark, copyright, or other intellectual property notice. We may immediately suspend or terminate your access to the Services if you violate any of these restrictions, or if you otherwise violate these Terms of Service.
4. Use of the Services by Children
The Services are not directed to children under the age of thirteen (13), and Stormhaven Studios will not knowingly collect personal information from anyone under the age of thirteen (13) (or other applicable minimum age in your place of residence) without obtaining verifiable explicit parental consent as may be required by law. Children over the age of thirteen (13) (or other applicable minimum age in your place of residence) but under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Services. Parents and guardians of children under the age of eighteen (or the applicable age of majority in your place of residence) should read these Terms of Service carefully before allowing children to use the Services.
5. Account Registration
Some features of the Services may require you to register an account with Stormhaven Studios (Account). You are responsible for maintaining the security of your Account and for all activity that occurs on your Account. When registering an Account, you agree to the following: (i) you will not use a username or email address that impersonates or personally identifies another person or entity; (ii) you will provide and maintain accurate information; and (iii) you will not sell your Account to a third party or let any other person use your Account. Stormhaven Studios may suspend or terminate your Account at any time and for any reason, including if Stormhaven Studios believes you have violated these Terms of Service.
If you have registered an Account and wish to terminate it, please contact admin@stormhavenstudios.com. Upon termination of your Account for any reason, Stormhaven Studios reserves the right to delete the Account permanently.
6. Purchases from Stormhaven Studios
Some Services require payment of a fee. You must pay the then-current applicable fees to access, play, participate in, or receive those Services, and You will be required to have an Account. Stormhaven Studios reserves the right to change fees and/or third-party payment processors at any time. Fees are payable in advance and are non-refundable in whole or in part. When you make a purchase, you represent and warrant that you are the authorized account holder of the payment method being used.
Fees will be collected through an independent third party payment processor. By using such third party payment processor, you agree to the terms and conditions applicable to each payment method you choose. Stormhaven Studios does not receive any confidential payment data from such providers, and Stormhaven Studios is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment processors are your responsibility.
When you purchase a subscription to one of our Services, you understand and agree that Stormhaven Studios will charge your payment method recurring subscription fees automatically. Your subscription will continue to renew until you cancel your subscription. Unless stated otherwise, subscription prices do not include taxes and certain other applicable fees, which will be disclosed to you before you place your order.
You can cancel your subscription by logging into your Account: https://www.embersadrift.com/Account. You must cancel your subscription prior to 11:59 p.m. Central Standard Time on the day before your next recurring billing date in order to avoid being charged. Unless otherwise communicated, if you cancel your subscription, you will continue to have access to the Services through the end of your current billing period. Subscription fees are non-refundable in whole or in part.
7. Procedure for Alleging Copyright Infringement under the DMCA
If you believe that any content available on the Services violates a copyright, you may notify Stormhaven Studios as set forth in the U.S. Digital Millennium Copyright Act of 1998. To do so, please send us a notice that includes the following information:
a legend or subject line that says DMCA Copyright Infringement Notice;
a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a list of such works;
a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material;
your name, address, telephone number, and email address;
a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on behalf of the owner); and
your electronic or physical signature.
All DMCA notices must be sent to: dmca@stormhavenstudios.com.
If we receive a notice of copyright infringement that complies with the notice requirements in this Section, we will respond in accordance with our requirements under the U.S. Digital Millennium Copyright Act of 1998 (or other laws, if applicable). Please note that we may share any information you provide in your notice with the allegedly infringing party. You may be liable if you knowingly misrepresent that material or activity is infringing.
8. Community Guidelines
You must comply with the following guidelines (Community Guidelines) when using our online communities, uploading content on the Services (including User-Generated Content), or interacting with other users on the Services:
You must treat other people with respect. Harassing, stalking, threatening, and making insulting comments or personal attacks about other people is prohibited.
You must not use the Services to encourage hateful or illegal conduct, including crimes against humanity, acts of terrorism, exploitation of children, acts of violence against women or any other person or group, attacks against another's human dignity, or hatred of others based on their race, religion, national origin, gender, sex, sexual preferences, or disabilities.
You must not use the Services to distribute any content that is obscene, pornographic, defamatory, hateful, or illegal, or that violates the intellectual property rights or other rights of any person or entity.
Respect others' privacy. You may not reveal another person's name, address, phone number, email address, date of birth, social security number, credit card number, medical information, financial information, likeness, or any other information that can be used to identify another person.
Do not impersonate another person or entity, misrepresent your identity or affiliation with another person or entity, or otherwise make statements that are false, fraudulent, or deceptive
If you discover any content or behavior that violates this section or these Terms of Service, or is otherwise illegal or infringing, please report it to us by contacting admin@stormhavenstudios.com. Please note that we have the right, but not the obligation, to monitor the Services, and we accept no liability for content or behavior you encounter on the Services.
9. Customer Service Requests
For questions and other customer service requests, please contact admin@stormhavenstudios.com.
10. Dealings with Third Parties
The Services may give you the option to access third-party websites, software, services, advertisements, or other third-party materials. We do not endorse or control such third-party materials and we are not responsible for your interactions with them. When accessing any third-party materials, you should carefully read any applicable terms of service and privacy policies.
11. Binding Arbitration and Waiver of Class Actions
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Travis County, Texas, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. By using the Services, you consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Western District of Texas.
DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR OTHER PROCEEDING THAT INVOLVES ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
12. Disclaimer of Representations and Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. STORMHAVEN STUDIOS DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, INCLUDING WHETHER THE SERVICES: ARE FREE FROM VIRUSES OR OTHER MALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY THIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE, UNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR REQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORMHAVEN STUDIOS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT, OR USE THE SERVICES IN A JURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER APPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE RIGHTS.
13. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORMHAVEN STUDIOS AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE STORMHAVEN STUDIOS PARTIES) ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE THE RESULT OF OR RELATED TO: (I) YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE SERVICES; (II) GAMES, PRODUCTS, CONTENT, USER-GENERATED CONTENT, OR ANY OTHER FUNCTIONS, FEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR MADE ACCESSIBLE THROUGH THE SERVICES; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE STORMHAVEN STUDIOS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (V) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; (VI) ANY DAMAGE TO YOUR OR ANOTHER PERSON'S DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER MALFUNCTION; OR (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE FOR ANY REASON. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE STORMHAVEN STUDIOS PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID STORMHAVEN STUDIOS OVER THE PRECEDING TWELVE (12) MONTHS.
14. Waiver of Injunctive and Other Equitable Relief
IF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY PRODUCT, GAME, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY STORMHAVEN STUDIOS.
15. Additional Provisions
A. Updates to Terms of Service:Stormhaven Studios reserves the right to modify these Terms of Service at any time, including by posting updated terms on the Services (subject to applicable law). By continuing to use the Services after any such update you consent to the changes to the Terms of Service. You may also be asked to affirmatively consent to updates to these Terms of Service, and may be prevented from continuing to use the Services if you decline to accept such an update.
B. Indemnity:You agree to defend, indemnify, reimburse, and hold harmless the Stormhaven Studios Parties from and against any and all claims, demands, losses, liabilities, or expenses (including attorneys' fees) incurred in connection with your User-Generated Content, use of the Services, violation of these Terms of Service, or violation of any person or entity's intellectual property rights or other rights. We retain the exclusive right to assume the defense and control of any matter that is otherwise subject to indemnification by you under this paragraph, and you agree to cooperate with Stormhaven Studios in asserting any available defenses.
C. Severability:If any provision of these Terms of Service is found to be invalid, unlawful, void, or unenforceable, then that provision will be deemed severable and its invalidity will not affect the validity or enforceability of the remainder of these Terms of Service.
D. Interpretation:To the extent permitted by applicable law, you waive any rights under applicable statutory or common law that may permit a contract to be construed against its drafter. Wherever the word including is used in these Terms of Service it is deemed to mean including, without limitation.
E. Cooperation with Law Enforcement:Subject to applicable law, Stormhaven Studios reserves the right to involve and cooperate with law enforcement authorities in investigating any matters at any time without notice to you and with or without the receipt of a formal subpoena, search warrant, or other legal process. You acknowledge and agree that Stormhaven Studios may provide your electronic communications and data, including emails and chat logs, to such law enforcement authorities without any liability to you or any third party, unless prohibited by law.
F. Survival:In the event these Terms of Service are terminated then any terms that by their nature apply after such termination shall survive, including the rights and licenses you grant to Stormhaven Studios, indemnities, releases, disclaimers, limitations of liability, and provisions regarding jurisdiction, choice of law, no class action (if applicable in your country), and mandatory arbitration (if applicable in your country).
G. Assignment:Stormhaven Studios may assign its rights and obligations under these Terms of Service, in whole or in part, to any person or entity at any time without notice to you. You may not assign these Terms of Service without our prior written consent.
H. No Waiver:No failure or delay by you or Stormhaven Studios in exercising any rights, powers, or remedies will operate as a waiver, and no waiver of any term of these Terms of Service will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
I. Entire Agreement:These Terms of Service, together with our Privacy Policies and any other terms of use relevant to your use of the Services, constitute the entire understanding and agreement between the parties with respect to your use of the Services and supersede any and all prior or contemporaneous oral or written communications.
J. Third-Party Rights:Except as expressly indicated herein, these Terms of Service are not intended to confer any rights or remedies on any person other than the parties to these Terms of Service, except that any Stormhaven Studios Party may enforce any right or remedy expressly conferred on such Stormhaven Studios Party under these Terms of Service.
Before using the Services, you must read and accept these Terms of Service and you acknowledge that you have read and understand our Privacy Policy [https://www.stormhavenstudios.com/#/privacy-policy]. If you are located in the European Union or United Kingdom, please see our EU and UK Privacy Policy here [https://www.stormhavenstudios.com/#/privacy-policy-eu]. If you do not agree to these Terms of Service or our Privacy Policy, please discontinue use of the Services.
MANY TYPES OF DISPUTES THAT MAY ARISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MAY BE SUBJECT TO MANDATORY ARBITRATION. PLEASE READ THE ARBITRATION PROVISIONS OF THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES
1. Limited License
Stormhaven Studios and its licensors own and reserve all rights, title, and interest in the Services and the associated intellectual property in the Services, including audio-visual elements and other copyrightable materials (such as the look and feel of the Services); trademarks, logos, trade names, service marks, and trade identities of Stormhaven Studios and our licensors; patentable subject matter; and any other forms of intellectual property. Subject to your continuing compliance with these Terms of Service, Stormhaven Studios grants you a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-transferable license to use the Services for your personal, non-commercial use. Stormhaven Studios may immediately suspend or terminate the availability of some or all of the Services for any reason, in Stormhaven Studios' sole discretion, without advance notice or liability
2. Pre-Orders
Stormhaven Studios is raising funds for a particular Service, the MMORPG Embers Adrift (the Game). If you elect to be a contributor for the Game, you may select one or more of the pre-order tiers and pay the indicated fees in accordance with the following agreement between Stormhaven Studios and you.
You must be a registered user to select and pay for a pre-order. Upon selection of a tier, your payment will be collected through an independent third-party payment processor. By using such third party payment processor, you agree to the terms and conditions applicable to each payment method you choose. Stormhaven Studios does not receive any confidential payment data from such providers, and Stormhaven Studios is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third-party payment providers are your responsibility. Stormhaven Studios reserves the right to change such payment providers at any time.
Your payment is a deposit to be used for the development and production cost of the Game, including the website cost, the production and delivery cost for the pledge items, and Stormhaven Studio's corporate expenses associated with the foregoing (the Game Cost).
The deposit shall be earned by Stormhaven Studios and become non-refundable to the extent that it is used for the Game Cost, with each Contributor's deposit being applied as follows: first to the fulfillment of the pre-order tier items, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total Contributor deposits remaining after the cost for the pledge items.
Stormhaven Studios agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by Stormhaven Studios since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless Stormhaven Studios has not delivered the pledge items and/or the Game to you within 12 months after the estimated delivery date.
For the avoidance of doubt, in consideration of Stormhaven Studios' good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Game Cost as described above shall be non-refundable regardless of whether or not Stormhaven Studios is able to complete and deliver the Game. In the unlikely event that Stormhaven Studios is not able to deliver the Game, Stormhaven Studios agrees to post a cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by Stormhaven Studios hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost in accordance with the above.
3. Use Restrictions
In order to use the Services, you must not do any of the following: (i) violate any applicable law or regulation; (ii) use the Services for commercial or political purposes; (iii) copy, scrape, reproduce, redisplay, reverse engineer, decompile, hack, or modify the Services, including any server or network used to provide the Services (except to the extent enforcement of the foregoing is prohibited by applicable law); (iv) access or attempt to access an Account (defined below) that does not belong to you; (v) interfere with another user's use of the Services; (vi) cheat or create an unfair advantage in the Services or any other Stormhaven Studios games or services; (vii) create, develop, modify, distribute, use, promote, advertise, sell, commercialize, or otherwise exploit any unauthorized software, service, tool, or scheme to cheat or create an advantage in any offline, online, or multiplayer modes of the Services or any Stormhaven Studios games or services; (viii) interfere with any security feature of the Services; (ix) use an unauthorized server to emulate or access the Services; (x) intercept, mine, or collect information from the Services or its users without authorization; (xi) violate the intellectual property rights or other rights of Stormhaven Studios or others; or (xii) remove any trademark, copyright, or other intellectual property notice. We may immediately suspend or terminate your access to the Services if you violate any of these restrictions, or if you otherwise violate these Terms of Service.
4. Use of the Services by Children
The Services are not directed to children under the age of thirteen (13), and Stormhaven Studios will not knowingly collect personal information from anyone under the age of thirteen (13) (or other applicable minimum age in your place of residence) without obtaining verifiable explicit parental consent as may be required by law. Children over the age of thirteen (13) (or other applicable minimum age in your place of residence) but under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Services. Parents and guardians of children under the age of eighteen (or the applicable age of majority in your place of residence) should read these Terms of Service carefully before allowing children to use the Services.
5. Account Registration
Some features of the Services may require you to register an account with Stormhaven Studios (Account). You are responsible for maintaining the security of your Account and for all activity that occurs on your Account. When registering an Account, you agree to the following: (i) you will not use a username or email address that impersonates or personally identifies another person or entity; (ii) you will provide and maintain accurate information; and (iii) you will not sell your Account to a third party or let any other person use your Account. Stormhaven Studios may suspend or terminate your Account at any time and for any reason, including if Stormhaven Studios believes you have violated these Terms of Service.
If you have registered an Account and wish to terminate it, please contact admin@stormhavenstudios.com. Upon termination of your Account for any reason, Stormhaven Studios reserves the right to delete the Account permanently.
6. Purchases from Stormhaven Studios
Some Services require payment of a fee. You must pay the then-current applicable fees to access, play, participate in, or receive those Services, and You will be required to have an Account. Stormhaven Studios reserves the right to change fees and/or third-party payment processors at any time. Fees are payable in advance and are non-refundable in whole or in part. When you make a purchase, you represent and warrant that you are the authorized account holder of the payment method being used.
Fees will be collected through an independent third party payment processor. By using such third party payment processor, you agree to the terms and conditions applicable to each payment method you choose. Stormhaven Studios does not receive any confidential payment data from such providers, and Stormhaven Studios is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment processors are your responsibility.
When you purchase a subscription to one of our Services, you understand and agree that Stormhaven Studios will charge your payment method recurring subscription fees automatically. Your subscription will continue to renew until you cancel your subscription. Unless stated otherwise, subscription prices do not include taxes and certain other applicable fees, which will be disclosed to you before you place your order.
You can cancel your subscription by logging into your Account: https://www.embersadrift.com/Account. You must cancel your subscription prior to 11:59 p.m. Central Standard Time on the day before your next recurring billing date in order to avoid being charged. Unless otherwise communicated, if you cancel your subscription, you will continue to have access to the Services through the end of your current billing period. Subscription fees are non-refundable in whole or in part.
7. Procedure for Alleging Copyright Infringement under the DMCA
If you believe that any content available on the Services violates a copyright, you may notify Stormhaven Studios as set forth in the U.S. Digital Millennium Copyright Act of 1998. To do so, please send us a notice that includes the following information:
a legend or subject line that says DMCA Copyright Infringement Notice;
a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a list of such works;
a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material;
your name, address, telephone number, and email address;
a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on behalf of the owner); and
your electronic or physical signature.
All DMCA notices must be sent to: dmca@stormhavenstudios.com.
If we receive a notice of copyright infringement that complies with the notice requirements in this Section, we will respond in accordance with our requirements under the U.S. Digital Millennium Copyright Act of 1998 (or other laws, if applicable). Please note that we may share any information you provide in your notice with the allegedly infringing party. You may be liable if you knowingly misrepresent that material or activity is infringing.
8. Community Guidelines
You must comply with the following guidelines (Community Guidelines) when using our online communities, uploading content on the Services (including User-Generated Content), or interacting with other users on the Services:
You must treat other people with respect. Harassing, stalking, threatening, and making insulting comments or personal attacks about other people is prohibited.
You must not use the Services to encourage hateful or illegal conduct, including crimes against humanity, acts of terrorism, exploitation of children, acts of violence against women or any other person or group, attacks against another's human dignity, or hatred of others based on their race, religion, national origin, gender, sex, sexual preferences, or disabilities.
You must not use the Services to distribute any content that is obscene, pornographic, defamatory, hateful, or illegal, or that violates the intellectual property rights or other rights of any person or entity.
Respect others' privacy. You may not reveal another person's name, address, phone number, email address, date of birth, social security number, credit card number, medical information, financial information, likeness, or any other information that can be used to identify another person.
Do not impersonate another person or entity, misrepresent your identity or affiliation with another person or entity, or otherwise make statements that are false, fraudulent, or deceptive
If you discover any content or behavior that violates this section or these Terms of Service, or is otherwise illegal or infringing, please report it to us by contacting admin@stormhavenstudios.com. Please note that we have the right, but not the obligation, to monitor the Services, and we accept no liability for content or behavior you encounter on the Services.
9. Customer Service Requests
For questions and other customer service requests, please contact admin@stormhavenstudios.com.
10. Dealings with Third Parties
The Services may give you the option to access third-party websites, software, services, advertisements, or other third-party materials. We do not endorse or control such third-party materials and we are not responsible for your interactions with them. When accessing any third-party materials, you should carefully read any applicable terms of service and privacy policies.
11. Binding Arbitration and Waiver of Class Actions
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Travis County, Texas, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. By using the Services, you consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Western District of Texas.
DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR OTHER PROCEEDING THAT INVOLVES ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
12. Disclaimer of Representations and Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. STORMHAVEN STUDIOS DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, INCLUDING WHETHER THE SERVICES: ARE FREE FROM VIRUSES OR OTHER MALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY THIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE, UNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR REQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORMHAVEN STUDIOS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT, OR USE THE SERVICES IN A JURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER APPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE RIGHTS.
13. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORMHAVEN STUDIOS AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE STORMHAVEN STUDIOS PARTIES) ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE THE RESULT OF OR RELATED TO: (I) YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE SERVICES; (II) GAMES, PRODUCTS, CONTENT, USER-GENERATED CONTENT, OR ANY OTHER FUNCTIONS, FEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR MADE ACCESSIBLE THROUGH THE SERVICES; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE STORMHAVEN STUDIOS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (V) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; (VI) ANY DAMAGE TO YOUR OR ANOTHER PERSON'S DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER MALFUNCTION; OR (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE FOR ANY REASON. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE STORMHAVEN STUDIOS PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID STORMHAVEN STUDIOS OVER THE PRECEDING TWELVE (12) MONTHS.
14. Waiver of Injunctive and Other Equitable Relief
IF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY PRODUCT, GAME, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY STORMHAVEN STUDIOS.
15. Additional Provisions
A. Updates to Terms of Service:Stormhaven Studios reserves the right to modify these Terms of Service at any time, including by posting updated terms on the Services (subject to applicable law). By continuing to use the Services after any such update you consent to the changes to the Terms of Service. You may also be asked to affirmatively consent to updates to these Terms of Service, and may be prevented from continuing to use the Services if you decline to accept such an update.
B. Indemnity:You agree to defend, indemnify, reimburse, and hold harmless the Stormhaven Studios Parties from and against any and all claims, demands, losses, liabilities, or expenses (including attorneys' fees) incurred in connection with your User-Generated Content, use of the Services, violation of these Terms of Service, or violation of any person or entity's intellectual property rights or other rights. We retain the exclusive right to assume the defense and control of any matter that is otherwise subject to indemnification by you under this paragraph, and you agree to cooperate with Stormhaven Studios in asserting any available defenses.
C. Severability:If any provision of these Terms of Service is found to be invalid, unlawful, void, or unenforceable, then that provision will be deemed severable and its invalidity will not affect the validity or enforceability of the remainder of these Terms of Service.
D. Interpretation:To the extent permitted by applicable law, you waive any rights under applicable statutory or common law that may permit a contract to be construed against its drafter. Wherever the word including is used in these Terms of Service it is deemed to mean including, without limitation.
E. Cooperation with Law Enforcement:Subject to applicable law, Stormhaven Studios reserves the right to involve and cooperate with law enforcement authorities in investigating any matters at any time without notice to you and with or without the receipt of a formal subpoena, search warrant, or other legal process. You acknowledge and agree that Stormhaven Studios may provide your electronic communications and data, including emails and chat logs, to such law enforcement authorities without any liability to you or any third party, unless prohibited by law.
F. Survival:In the event these Terms of Service are terminated then any terms that by their nature apply after such termination shall survive, including the rights and licenses you grant to Stormhaven Studios, indemnities, releases, disclaimers, limitations of liability, and provisions regarding jurisdiction, choice of law, no class action (if applicable in your country), and mandatory arbitration (if applicable in your country).
G. Assignment:Stormhaven Studios may assign its rights and obligations under these Terms of Service, in whole or in part, to any person or entity at any time without notice to you. You may not assign these Terms of Service without our prior written consent.
H. No Waiver:No failure or delay by you or Stormhaven Studios in exercising any rights, powers, or remedies will operate as a waiver, and no waiver of any term of these Terms of Service will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
I. Entire Agreement:These Terms of Service, together with our Privacy Policies and any other terms of use relevant to your use of the Services, constitute the entire understanding and agreement between the parties with respect to your use of the Services and supersede any and all prior or contemporaneous oral or written communications.
J. Third-Party Rights:Except as expressly indicated herein, these Terms of Service are not intended to confer any rights or remedies on any person other than the parties to these Terms of Service, except that any Stormhaven Studios Party may enforce any right or remedy expressly conferred on such Stormhaven Studios Party under these Terms of Service.