Experience May Change During Online Play
Thank you for your interest in Spellbook Studio, interactive online website ("Spellbook" or the "Website"). Spellbook is offered by Spellbook Studio, LLC. ("Spellbook Studio"), a company based in The United States dedicated to the creation of online mobile games and websites.
You may access Spellbook using Spellbook Studio's proprietary software (the "Software"). Using the Software allows you to log into Spellbook Studio's client system (the "System") and interact within the website environment created by Spellbook Studio. To access Spellbook, Spellbook Studio requires that you review and agree to the following terms and conditions of this Terms of Service ("ToS").
This ToS describes the terms and conditions under which you may (i) use the Software; (ii) subscribe to, access and use Spellbook, and (iii) access the System.
Spellbook Studio may amend this ToS from time to time by posting an amended version. If you accept this ToS, the then-current version of this ToS shall apply each time you access the System or access Spellbook.
By accessing Spellbook, you accept the terms and conditions in the ToS. If you do not accept the terms and conditions in the ToS, you must discontinue use of the Software and not access the System or use Spellbook.
Terms of Service
REQUIREMENTS TO ACCESS
A. Establishing a New Account
B. Passwords and Names
(1) Responsibility for Account
D. Inappropriate Conduct / Communication.
ACCOUNT TRANSFER / CHARACTER TRANSFER
BILLING, CHARGEBACKS, AND PAYMENT DISPUTES
TERMINATION; SUSPENSION OF ACCOUNT
A. By Spellbook Studio for Termination of the Website
B. By Spellbook Studio for Breach or Misconduct
(1) Suspension of Account
(2) Termination of ToS
C. By You
(2) For a Change in the ToS
D. Closed Accounts
A. Specifically Restricted Conduct
B. Selling Items and Objects
C. Compliance with Rules of Conduct
PRIVACY AND USE OF PERSONAL INFORMATION
B. Use of Personal Information
Collection and Use of User Personal Details
Collection and Use of User Access Information
Transfer and Sharing of User Data
C. SECURITY AND DISCLOSURE OF USER DATA
A. Software License
B. License to Access the System to Access the Website
C. Specific Restrictions
D. Software Updates
E. New Releases of the Software
A. Ownership of Software, System and Website
B. Rights to Certain Content
C. User Content
DISCLAIMER OF DAMAGES
LIMITATION OF LIABILITY
AMENDMENTS TO ToS
GOVERNING LAW AND EXCLUSIVE FORUM
Prohibition of Class and Representative Actions and Non-Individualized Relief
To access Spellbook, you must: (i) download a copy of the Software; (ii) establish a valid account within the Website (an "Account"); (iii) obtain and maintain your own Internet access (Internet access is required to access Spellbook; Spellbook Studio is not responsible for your access to the Internet); and (iv) comply with the ToS.
Only an individual, natural person who is an adult or, in the discretion of such an adult, his or her minor child, may establish an Account. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities.
You may not share your Account with anyone, or allow anyone other than you personally (or your minor child, if you have registered an Account on behalf of your minor child) to access or use your Account. Joint or shared ownership or use of an Account by more than one user is prohibited.
Accounts may not be used for business purposes. Access to the System and playing Spellbook is intended for your personal entertainment, enjoyment and recreation, and not for corporate, business, commercial or income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not establish an Account, access the System or access Spellbook. Accessing the System or using the Website for commercial, business or income-seeking purposes is strictly prohibited.
You will be asked to select a password during the registration process ("Password"). You may not disclose your Password to anyone or allow anyone to use your Password to access the System or access Spellbook. You are responsible for maintaining the confidentiality of your Password and for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or allowing the disclosure, of any Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your Account information and Password.
You will be assigned a login name and a character name during the registration and character creation process. You may not allow anyone to use your login name or character name to access the System or access Spellbook. No player may use the character name of another player to impersonate or falsely represent his or her identity. You may not obtain, attempt to obtain, use or attempt to use the login name or character name of anyone else.
You are encouraged to use a pseudonym, but you may not choose a name that violates anyone's trademarks, publicity rights or other rights. Acceptance of a pseudonym by the System does not mean that your chosen pseudonym does not violate anyone's rights. You are responsible for any liability incurred by yourself, Spellbook Studio or anyone else due to the pseudonym you choose. Spellbook Studio retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene or otherwise violates standards of good taste.
Minor children may not establish an Account without the consent of a parent or guardian. If the user of Spellbook is a minor, a parent or guardian must complete the registration process to establish an Account, in which case the parent or guardian takes full responsibility for all obligations under the ToS and for all activities of the child using the Account. If you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account).
If you establish an Account, you represent that you are an adult thirteen (13) years of age or older and are either accepting the ToS on behalf of yourself or on behalf of your child, in which latter case you agree to the ToS with regard to your child and represent that you are also personally bound by the ToS.
Spellbook Studio may establish Rules of Conduct (discussed below) for players accessing the System and may, but is not obligated to, monitor and take action regarding inappropriate conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the System that you may consider inappropriate or offensive to some users. You acknowledge that other players may transmit communications or content, or access to content, that you may consider inappropriate or objectionable. Spellbook Studio does not, as a matter of policy, prescreen the communications or content transmitted by each player and is in no way responsible for the communications and content transmitted by players of the Website.
You are not permitted to transfer your Account to another person. If you wish to discontinue your Account please refer to section 6 of this ToS on Termination. You may not transfer any characters whose attributes are, in whole or in part, developed, or which own items, objects or currency obtained or acquired, in violation of the ToS.
Any character transfers or attempted transfers is prohibited and void, and shall not be binding on Spellbook Studio. A transfer or attempted transfer of a character is entirely at the risk of the parties to such transaction. Spellbook Studio is not liable to any person (whether transferor, transferee or otherwise) for any acts, omissions, statements, representations, defaults or liabilities of the parties in connection with such a transaction.
You agree to render payment to Spellbook Studio for any products, services, merchandise, subscriptions, fees, and applicable taxes as billed to you by Spellbook Studio. Billing may come in the form of, but is not limited to, electronic mail request for payment, physical mail request for payment, or digital shopping cart request for payment through a 3rd-party payment processor.
Upon rendering payment for a bill to Spellbook Studio, you agree that the payment is final, and that Spellbook Studio is under no obligation to offer you a refund. You agree that you will not file a chargeback with your banking institution, or dispute the payment with any 3rd-party payment processor acting on behalf of Spellbook Studio. You agree that initiating a chargeback or payment dispute for a purchase which was delivered promptly and in good faith can be construed as an act of Wire Fraud, Internet Fraud, and/or Purchase Fraud as governed by the laws of the State of Missouri and the United States of America.
You agree to accept all civil liability resulting from payment chargebacks and disputes for orders delivered to your Account. You agree that Spellbook Studio is entitled to recover from you all monies lost from payment chargebacks and disputes for orders delivered to your Account, as well as any and all costs and damages associated with recovering monies from you. This includes actual damages, consequential damages, attorney's fees, court costs, lost revenues and punitive damages.
IF ANY PART OF THE ToS IS HELD INVALID OR UNENFORCEABLE, THAT PORTION SHALL BE CONSTRUED IN A MANNER CONSISTENT WITH APPLICABLE LAW TO REFLECT, AS NEARLY AS POSSIBLE, THE ORIGINAL INTENTIONS OF THE PARTIES EXPRESSED IN THE ToS, AND THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. YOU AGREE THAT TERMINATION OF THIS ToS DOES NOT PROTECT OR REMOVE YOU FROM PAYMENT OBLIGATIONS TO Spellbook Studio.
Spellbook Studio does not guarantee that it will continue to offer access to the System or support the Website. Spellbook Studio may, in its sole discretion, cease to provide any or all of the services offered in connection with Spellbook (including access to the System and any or all features or components of the Website), terminate the ToS, close all Accounts and cancel all of the rights granted to you under the ToS. If Spellbook Studio terminates the ToS pursuant to this section, you will not receive a refund of any purchases, fees, subscriptions, or monies spent.
Without limiting Spellbook Studio's rights or remedies, Spellbook Studio may immediately, and without notice, discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address, similar device information, similar device identifier, similar account credentials, or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the ToS (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the Website by you or any user under your Account.
Spellbook Studio may terminate the ToS, close all your Accounts, and cancel all rights granted to you under the ToS if: (i) you fail to pay for services rendered when due, or initiate a payment dispute or chargeback for past services; (ii) Spellbook Studio is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the ToS, makes any unauthorized use of the System or Software, or infringes the rights of Spellbook Studio or any third party; or (iv) Spellbook Studio becomes aware of Website interaction, chat or player activity under your Account that is, in Spellbook Studio's discretion, inappropriate, offensive, or in violation of the Rules of Conduct. Such termination shall be effective upon notice transmitted via electronic mail, or any other means reasonably calculated to reach you.
Spellbook Studio reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address, similar device information, similar device identifier, similar account credentials, or credit card number with the closed Account. Termination by Spellbook Studio under this section shall be without prejudice to or waiver of any and all of Spellbook Studio's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive a refund of purchases, fees, subscriptions, or monies spent for a termination pursuant to this section.
You may terminate the ToS with regard to any or all of your Accounts at any time, upon notice to Spellbook Studio via electronic mail. You will not receive a refund of any purchases, fees, subscriptions, or monies spent in the event of such termination.
If an amendment alters a material term of the ToS that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the ToS and close your Accounts by: (a) clicking the "DECLINE" button when you are prompted to review and agree to the amended ToS; or (b) notifying Spellbook Studio via electronic mail within thirty (30) days after the amended ToS was communicated to you, provided that you have not clicked the "ACCEPT" button, accessed the System or accessed the Website during that period. Your notice must state: (i) that you do not agree to the amended ToS, specifically describing the amendment(s) with which you disagree, and request Spellbook Studio to close all of your Accounts; (ii) your player name and (iii) your login name. If you click "ACCEPT" or otherwise continue to access the System or access the Website, you shall be deemed to have accepted the amended ToS and waive your rights to terminate under this section.
If for any reason the ToS is terminated with regard to any or all of your Accounts, those Accounts will be closed, upon which all rights granted to you under the ToS shall terminate with regard to the closed Accounts, and you must discontinue your use of the Software, and you may not access the System or access the Website under any closed Account, and all the attributes of the Accounts, including characters, items and currency in the Accounts, will be lost. If for any reason the ToS is terminated, you will not be entitled to compensation for the past time you spent playing Spellbook, for the real or projected value of your Account were it to be sold, or for any other compensation.
Users whose Accounts have been closed may not access the System or access Spellbook in any manner or for any reason, including through any other Account, without the express written permission of Spellbook Studio. Users of active accounts may not knowingly allow former users whose Accounts have been closed to use the active user's Accounts.
Your continued access to the System and license to access the Website is subject to proper conduct. Without limiting Spellbook Studio's rights to control the Website environment, and the conduct of the players within that environment, Spellbook Studio prohibits the following practices that Spellbook Studio has determined detract from the overall user experience of the users accessing the Website.
* You may not take any action that imposes an unreasonable or disproportionately large load on the System.
* You may not use your own or third-party software to modify any content appearing within the Website environment or change how the Website is accessed.
* You may not use your own or any third-party software, macros or other stored rapid keystrokes or other patterns of access that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary Website interaction.
* You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, currency, objects, character attributes or beneficial actions not actually acquired or achieved in the Website.
* You may not use the Software, or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Website may be accessed by others, as, for example, through server emulators.
* You may not submit any content to any chat room or other public forum within the Website that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party's intellectual property rights.
* You may not engage in any conduct that results in an Account containing items, objects, currency, character attributes, rank, or status that are inappropriate for the level or rank of the character contained in the Account, including without limitation arranging, making or accepting transfers of items to a character without adequate consideration, thereby augmenting or aggregating items in an Account and increasing its value for an Account sale.
You may not transfer, sell or auction, or buy or accept any offer to transfer, sell or auction (or offer to do any of the foregoing), any content appearing within the Website environment, including without limitation characters, character attributes, items, currency, and objects. You may not encourage or induce any other person to participate in such a prohibited transaction. The buying, selling or auctioning (or any attempt at doing so) of characters, character attributes, items, currency, or objects, whether through online auctions, newsgroups, postings on message boards or any other means is prohibited by the ToS and a violation of Spellbook Studio's proprietary rights in the Website.
You agree to observe and abide by the most current Rules of Conduct. The Rules of Conduct are subject to change and amendment by Spellbook Studio at any time, and you agree that it is your responsibility to remain up-to-date on the most current Rules of Conduct as stated in the most current version of this ToS.
Except for certain information in your Account (discussed below), all transmissions by you to the System are not private. You acknowledge and agree that you have no expectation of privacy regarding communications you make in the Website, whether through private in-Website messaging, during chat, or in chat rooms. Spellbook Studio and/or its designated affiliates and representatives may monitor communications made by or received from you. You should not provide private information to any other player in the Website. Spellbook Studio shall not be responsible for the consequences of any such disclosure by you.
You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while accessing the Website or otherwise interacting within Spellbook. You may report any instances of such behavior to Spellbook Studio. Spellbook Studio will investigate and take such measures as Spellbook Studio, in its sole judgment, determines are reasonable under the circumstances. Spellbook Studio does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with accessing the Website, and Spellbook Studio assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.
The term "User Personal Details" means information relating to your personal Account details, including your email address, profile name or other online identification, device type identification, unique device IDs, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such as friend's lists, block lists, and language selection, any dates the foregoing data is modified, and any other information relating to your Account.
The term "User Access Information" means any information relating to your access or use of the Website, including of your access statistics, preferred strategies, in-Website transaction history and trends, history of technical issues and support usage, and history of contributed and received User Content.
User Personal Details and User Access Information together constitute "User Data".
You acknowledge and agree that Spellbook Studio may collect and store User Access Information about you, both as an individual and aggregated with the User Access Information of other users of the Website and the System. In addition, you acknowledge and agree that Spellbook Studio may analyze and use such User Access Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of Spellbook Studio products and services.
Spellbook Studio does not guarantee that User Data transmitted to the System, including without limitation information in your Account and/or User Personal Details, will not be disclosed to third parties. While Spellbook Studio's aim is to keep your User Data confidential and Spellbook Studio employs security measures to protect the System, third parties may unlawfully intercept transmissions or private communications, or access data within the System.
Spellbook Studio may (and you hereby expressly authorize Spellbook Studio to) disclose information about you to private entities, law enforcement or other government officials, as Spellbook Studio, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
You further agree that in the event of a failure in the Website, the System and/or the Software, Spellbook Studio may provide crash dump information (which is information on the state of the System when a crash occurs, and may include your User Data) to third parties under suitable confidentiality restrictions in order to review analyze and provide reports on such information to determine the cause or correction of the failure.
You agree that Spellbook Studio may remotely monitor your Website hardware solely for the purpose of establishing whether in accessing the Website and accessing the System you are using software created or approved by Spellbook Studio, or whether you are using unauthorized software created by you or a third party in contravention of Section 6.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
Subject to the terms of the ToS, Spellbook Studio grants you a limited, non-exclusive, revocable license to use the Software and its accompanying documentation solely in connection with accessing the System in order to access Spellbook.
Upon establishing a valid Account, and subject to your continued compliance with the ToS, Spellbook Studio grants you a limited, non-exclusive, revocable license to access the System, and to access and use the Website Content and User Content (each as defined below), in order to access Spellbook. You may download and exchange Website Content and User Content exclusively via a valid Account, solely to access the Website, for purposes permitted by, and in a manner consistent with, the ToS.
Any and all rights not expressly granted by Spellbook Studio herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not intercept for any purpose other than playing Spellbook in accordance with the ToS any information accessible through the System. You may not access the System or upload, download or use information accessible through the System, other than as permitted by the ToS.
You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Software or any documentation accompanying the Software. You may not transfer the Software, except as part of a permitted Account Transfer as described above, if permitted by the ToS then in effect. If the Software is an update, any transfer must include the update and all prior revisions.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the System, including without limitation, any part of the Website Content or User Content, or any item, object or character in your Account, except that, solely to the extent permitted by the System, you may modify certain Website Content and User Content only for your own purposes in accessing the Website.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software, or from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or anything incorporated therein, or analyze, decipher, "sniff" or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Software and/or the System contains license management technology, you may not circumvent or disable that technology.
Spellbook Studio may from time to time update or otherwise modify the Software electronically. You hereby grant Spellbook Studio permission to: (i) extract hardware system profile data from your computer; (ii) extract information from your computer's file directories pertaining to the Website and your ability to access the System; (iii) download to your computer content and Website files and any data related to the operation of the Website. The foregoing applies to any computer from which you log into the System using your Account.
You are not entitled to receive any new releases of the Software, or any expansion packs, updates, upgrades or similar products under the ToS, but Spellbook Studio may, in its sole discretion, offer any or all of the foregoing to you. Spellbook Studio may update, upgrade or otherwise enhance the Software at any time, in its sole discretion, without obligation to you. Periodically, Spellbook Studio will require all users to migrate to new releases of the Software in order to continue accessing the System and playing Spellbook. You will be informed when a new release is available and will have a period of time in which to procure and install the new release. You must install and use the new release before the period of time has lapsed to continue accessing the System and playing Spellbook. If you fail to install the new release when required, Spellbook Studio shall not be responsible in any way for your inability to access the System or access Spellbook, and you shall not be entitled to receive a refund of any purchases, subscriptions, fees, monies spent, or any other form of compensation.
As between you and Spellbook Studio, Spellbook Studio is the sole and exclusive owner of the Software, System, Website and Website Content (as defined below). The Software, System, Website and all Website Content are protected by law governing copyrights, trademarks and other proprietary rights. Spellbook Studio reserves all rights not expressly granted herein.
The Website is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, currency, objects and attributes comprising or associated with a character or an Account), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the System (collectively, the "Website Content"). Spellbook Studio, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Software, System, Website and all Website Content, and no rights thereto are transferred to you, except for the limited license granted above.
You have no interest in the value of your time spent accessing the Website, for example, by the building up of the experience level of your character and the items your character accumulates during your time accessing the Website. Your Account, and all attributes of your Account, including all corporations, actions, groups, titles and characters, and all objects, currency and items acquired, developed or delivered by or to characters as a result of access through your Accounts, are the sole and exclusive property of Spellbook Studio, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
Without limiting its rights in any way, and subject to the other terms of the ToS, Spellbook Studio shall have the right to display and publish any information (except certain personal information in your Account) relating to any character in your Account, for example, in charts, lists and other compilations, without notice or any compensation to you whatsoever.
You hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to Spellbook Studio any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload to the System or while accessing the Website, including without limitation all files, data and information comprising or manifesting corporations, groups, titles, characters and other attributes of your Account, together with all objects and items acquired or developed by, or delivered by or to characters, in your Account. To the extent that any such rights are not assignable, you hereby grant Spellbook Studio an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. The foregoing assignment and license in this paragraph shall not include User Content (defined below).
The System may allow you to communicate information, such as by posting messages in chat rooms, on bulletin boards and other user-to-user areas (collectively, "User Content").
User Content that you cause to be communicated to the System may not (i) violate any statute, rule, regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be defamatory, indecent, obscene, child pornographic or harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, "clear GIFs," cancelbots or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets or personal information.
Spellbook Studio may take any action it deems appropriate regarding any User Content, if Spellbook Studio believes, in its sole discretion, that such User Content violates the ToS or may expose Spellbook Studio, its licensors and/or its suppliers to liability, damage Spellbook Studio's relationship with any of its suppliers, licensors, ISPs or other users of Spellbook, harm anyone or harm Spellbook Studio's reputation or goodwill.
You hereby grant Spellbook Studio an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of your User Content, in any medium now known or hereafter developed.
Violation of Spellbook Studio's proprietary rights is a material breach of the ToS, in the event of which Spellbook Studio may suspend your Account, terminate the ToS and take whatever additional action Spellbook Studio deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of Spellbook Studio's other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
The Software, System, Website and all Website Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the System and accessing the Website.
Spellbook Studio disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Website. Spellbook Studio does not warrant that the operation of the System or your access to the System, or that your use of the Software, will be uninterrupted or error-free, nor that the System or Software will be compatible with your hardware and software.
While Spellbook Studio attempts to have the System available at most times, Spellbook Studio does not guarantee that the System will always be available, or that the System will not become unavailable during Website interaction. The System may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures.
In no event shall Spellbook Studio, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits, damage to hardware, damage to software, damage to data, or loss of data), arising out of or in connection with your Account, the System, Software, Website, Website Content, User Content, ToS, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not Spellbook Studio is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
Except as set forth below, Spellbook Studio's maximum liability for any and all claims arising out of or in connection with your Account, the Software, System, Website, Website Content, User Content, ToS, and any other services or materials provided in connection therewith, shall not exceed an amount equal to the value of the cost of downloading and installing the Website.
If any of the foregoing disclaimers or limitations of liability are declared to be void or unenforceable, then Spellbook Studio's liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
You shall defend, indemnify and hold harmless Spellbook Studio and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your playing of the Website.
Spellbook Studio may, in its sole discretion, amend the ToS from time to time. You must accept the ToS in order to continue to access the System or access the Website. Any time that you access the System or access the Website, you agree to the terms of the most current version of the ToS.
If an amendment alters a material term of the ToS that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the ToS and close your Account as described in Section 5, Termination.
It is your responsibility to remain up-to-date on the contents of and amendments to the ToS. Spellbook Studio will make an effort to inform you of changes to the ToS, but you accept ultimate personal responsibility for maintaining an understanding of the contents of the most current ToS, regardless of notification or lack of notification by Spellbook Studio of any amendments.
You may always find the most up-to-date ToS here: www.Spellbook.com/ToS.html
The ToS, and the rights and obligations of the parties hereto, shall be governed and construed generally by and in accordance with the laws of the United States of America. The ToS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Specifically, you agree that the laws of the State of Missouri, without regard to principles of conflict of laws, will govern the ToS and any claim or dispute that has arisen or may arise between you and Spellbook Studio.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the ToS, or otherwise relating to any rights in, access to or use of the Software, System, Website, Website Content, User Content and/or the rights and obligations of the parties hereto, shall be a court in the Circuit Court of Greene County, Springfield, Missouri. You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the exclusive jurisdiction as stated above.
YOU AND Spellbook Studio, LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Spellbook Studio, LLC AGREE OTHERWISE, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Spellbook Studio,LLC USERS.
If any part of the ToS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the ToS, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account and your playing of the Website. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the ToS or your rights thereunder, and any attempt to do so is void. The ToS, including the Rules of Conduct and the fees and payment terms as referenced therein, as each may be amended by Spellbook Studio from time to time, sets forth the entire understanding and agreement between Spellbook Studio and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, the ToS may not be modified or amended. No distributor, agent or employee of Spellbook Studio is authorized to make any modifications or additions to the ToS.
All notices to Spellbook Studio required or permitted by the ToS shall be by electronic mail at [email protected], unless stated otherwise in the ToS.