Terms of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
READ THIS AGREEMENT CAREFULLY — IT IS BINDING AND AFFECTS YOUR RIGHTS AND OBLIGATIONS. This agreement outlines the terms and conditions (the "Agreement") that apply to all licenses granted by Novaharbor ("the Company") for use of the "Product" (Product means: (a) any and all video games and related software code (b) documentation, instruction manuals, and user guides associated with the software; (c) audio and visual elements, screen images, narrative, characters, art style, design features and distinctive characteristics of the game(s) and related software; and/or (d) all other intellectual property of any kind and all rights associated therewith, including copyright, patent, trade secret, trademark, service mark, trade dress, artistic and moral rights, mask rights, character rights, publicity rights, and all other proprietary rights relating to or associated with any video game(s), software code, or other items provided and any updates or upgrades to the Product) to third parties (all purchasers and users of the Product shall be referred to as "you" and all related terms shall refer to such persons). When you use the Product, you're confirming that (1) you're at least 13 years old, (2) you understand and accept these Terms of Service, and (3) if you're between 13 and 18, your legal guardian has read and agreed to them as well. This is a binding legal agreement between you and Company. You get a limited license to use the Product for personal use by paying for it and agreeing to these terms. Breaking this agreement means you must delete all Product software immediately. The license becomes active when you download the Product and ends if you breach it. It's personal to you and only covers gameplay. If you buy multiple Products, each one follows this Agreement or whatever was in effect when you bought it. You can't change this Agreement—only Company can, and only in writing. Changes won't materially hurt your rights. Company can change, modify, add or remove parts of these Terms and its Privacy Policy whenever it wants by posting updated versions on its website. Continuing to use the Product means you accept those changes. They take effect right away. If you don't agree with any part of the current Terms of Service, Privacy Policy, or other Company policy about the Product, your license ends immediately and you need to stop using it.
USE OF PRODUCT
You agree that even though you have a license from Company to use the Product personally, Company owns it and you have to follow this agreement. You can make one backup copy of the Product and need to include all the information with it, including this agreement. You can't share, transfer, or deal with the Product in any other way. That means no taking it apart, modifying it, reverse engineering it, or letting anyone else do those things. You can't loan, rent, lease, or transfer any part of the license or Product to anyone. Your use of the Product comes with restrictions. As a condition of using it, you agree to follow the rules laid out here plus any additional ones built into the Product itself. You agree not to: Mess with or disrupt the Product, its servers or connected networks, or break any requirements, procedures, policies or rules of those networks. Get around any security feature or usage restriction in the Product. Use the Product to break any local, state, national or international law. Use the Product to harm minors in any way. Use the Product to expose someone else's personal information, including info that could track, contact or impersonate them. Cheat Company or other users. Pretend to be someone else or falsely claim you're affiliated with them. Cheat or create automation software ("bots"), macro programs, or cheat tools designed to give you unfair gameplay advantages. You also have to follow all applicable laws about online behavior and User Content, plus laws about sending technical data from where you live. Don't use the Product for anything Company considers harmful to it or other people's enjoyment of it. Company gets the final say on what counts. Company reserves the right to decide what violates these rules or goes against the spirit of these Terms and the Product, and to take action up to and including banning you. You're responsible for any fees your internet provider or mobile carrier charges when you use the Product.
PAYMENT & WARRANTY
You agree to pay all amounts Company charges for the license promptly and won't dispute payment unless the Product doesn't work as Company intended within a week of buying it. Any claim like that only counts after Company has had a chance to fix the problem. Refund claims must happen within a week of purchase. You agree all sales are final and non-refundable unless Company or the platform you bought from decides to give you one within that week. After a week, no refunds, though Company will keep helping you through customer support.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product might have virtual currency like coins, gems, tokens or similar stuff you earn or get through the Product, or buy with real money, subject to applicable law ("Virtual Currency"). It might also have virtual items like commodities, abilities or other goods you earn or get through the Product, or buy with real money or Virtual Currency, subject to applicable law ("Virtual Goods"). Company has absolute control to manage, regulate, control, modify or get rid of Virtual Currency and Virtual Goods anytime it wants. Company isn't liable to you or anyone else if it does. You don't own any Virtual Goods or Virtual Currency except this: You have a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Goods and Virtual Currency you've earned, bought or got in a way Company approved, but only inside the Product. You agree you can't transfer Virtual Currency and Virtual Goods except where the Product explicitly allows it. Outside the Product, you can't sell, trade, or transfer Virtual Currency or Virtual Goods to Company, other users, or anyone else. All Virtual Currency and Virtual Goods sales are final and non-refundable unless Company or the platform decides to refund you. If these Terms end, your license ends, or the Product shuts down for any reason including Company stopping part of it, you lose all Virtual Currency and Virtual Goods. Company won't be liable for that.
USER CONTENT
The Product might let you and other users create, submit, record, post, display, transmit, perform, publish or share communications (including voice), content and materials (text, writings, photos, graphics, images, comments, personal info, etc.), including making it available to Company and other users through email, forums, message boards, chat, blogs, or other Product features (all together called "User Content"). Company doesn't have to accept, display, review, keep, or use any User Content. Everything in User Content is the responsibility of whoever created it. Company doesn't have to screen, review, check, evaluate or watch User Content for accuracy, legality, decency or quality. Company doesn't make any promises about User Content. You know that using the Product comes with risk and you might see User Content that's offensive, objectionable or unsuitable. You take on all that risk. Company isn't responsible for User Content, including mistakes in it or any damage from using it. That said, Company can screen, review, watch, refuse, remove, censor, edit, delete, block or hide any User Content (including yours) without telling you, for any reason or no reason, whenever it wants. You can report User Content you think breaks these Terms or is wrong. Anything you share is called "Your Content". You agree Your Content isn't private and won't come back to you. You promise Your Content is yours originally and you own all the rights to it, including the right to give Company all the rights it needs without creating obligations for Company to third parties. Company doesn't claim ownership of Your Content and nothing here limits what you can do with it. Company doesn't have to protect your rights in Your Content. You give Company a worldwide, permanent, never-ending, non-exclusive, transferable, royalty-free license (and the right to let others use it) to use, copy, adapt, modify, distribute, sell, transfer, publicly show, publicly perform, send, stream, broadcast and otherwise use Your Content through the Product or any other way. You also let Company sublicense and let others exercise those rights. You give Company the permanent right to use your name, voice, persona and likeness in any User Content without owing you anything. Except where the law says no, you give up any right to be credited and any moral rights you have in Your Content, even if it gets changed.
COMPANY REPRESENTATIONS
YOU AGREE THAT USING THE PRODUCT IS AT YOUR OWN RISK AND PROVIDED AS-IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES ABOUT TITLE OR IMPLIED WARRANTIES ABOUT NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (TOGETHER "COMPANY PARTIES") DON'T GUARANTEE THAT (A) THE PRODUCT WILL DO WHAT YOU NEED OR THAT YOU'LL BE ABLE TO VIEW MATERIALS OR USER CONTENT OR (B) THE PRODUCT WILL RUN WITHOUT INTERRUPTION, BE ON TIME, SECURE OR ERROR-FREE OR THAT ERRORS WILL GET FIXED. TO THE FULLEST EXTENT THE LAW ALLOWS, COMPANY PARTIES AREN'T RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, COMING FROM OR RELATED IN ANY WAY TO THESE TERMS OR THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY PARTY KNEW SUCH DAMAGES WERE POSSIBLE. COMPANY PARTIES WON'T BE LIABLE TO YOU FOR MORE THAN WHAT YOU'VE PAID TO COMPANY UNDER THESE TERMS IN THE 90 DAYS RIGHT BEFORE YOUR FIRST CLAIM. YOU UNDERSTAND AND AGREE THAT IF YOU HAVEN'T PAID COMPANY ANYTHING IN THE 90 DAYS RIGHT BEFORE YOUR FIRST CLAIM, YOUR ONLY OPTION IS TO STOP USING THE PRODUCT. Some places don't allow you to exclude certain warranties or limit liability for certain damages. So some limitations might not apply to you. If Company or Company Parties can't get out of warranties or limit liability under applicable law, the scope, duration and extent of liability will be the minimum the law allows.
TERMINATION
Company can end these Terms and your access to the Product (or parts of it) anytime for any reason. Company can also notify authorities or do whatever it thinks is right (including cutting off access) without warning if it thinks or knows you've (i) broken any part of these Terms or Company policies; or (ii) done something that might be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Company, third parties or the Product itself. When that happens, you might lose all data and info tied to your use, including usernames, avatars, characters, achievements, Virtual Currency and Virtual Goods. You won't get a refund, reimbursement or anything else if this happens for any reason, whether you or Company ended it. Company can refuse to give the Product to anyone. These Terms stay in effect until they're ended. You agree these Terms keep going even after they or the Product ends.
DISPUTES WITH OTHERS
Company can try to help with disputes between you and other users but doesn't have to. How you deal with other users and people you contact through the Product is your responsibility. You'll work with Company to look into any suspected illegal, fraudulent or improper activity. Company isn't liable for any dispute between you and other users.
THIRD PARTY WEBSITES
The Product might link to third party websites or resources. You understand that Company isn't responsible for: (i) whether those websites or resources work or are accurate, or (ii) what's on them or what they offer. Links don't mean Company endorses those websites or resources or their content or offerings. You're responsible for using them and take on all the risk. Company can remove any link anytime for any reason or no reason.
GOVERNING LAW
This Agreement follows the laws of the Province of New Brunswick and the laws of Canada that apply there. Both parties agree to go to court in the Province of New Brunswick.
SUCCESSORS IN INTEREST
This Agreement binds and benefits the parties and their heirs, agents, successors, administrators and assigns. You can't assign it without Company's written approval first, which it can refuse. Company can assign it to anyone who agrees to follow it. Company gets released from liability if it does and the other party takes over. WAIVER Waiving any provision or breach only counts if it's in writing. If Company waives something, that doesn't mean it's waiving it forever.
SEVERABILITY
If any part of this Agreement is invalid, the rest stays valid.
ENTIRE AGREEMENT
This Agreement is the full understanding between the parties about what it covers.