TEMPLE DOOR GAMES TERMS OF USE

Last revised: July 1, 2019

1. DESCRIPTION OF SERVICES AND LIMITED LICENSE TO USE SERVICES
These Terms of Use (the “Terms“) sets forth the agreement between TEMPLE DOOR Games, LLC and any one of its parent, subsidiary or affiliated companies (“TEMPLE DOOR ” or “we“) and each user (“you” or “User“). The Terms govern your use of TEMPLE DOOR’S online and mobile games, applications and services, including the online functions of multimedia products, the websites and mobile sites (collectively “websites“), servers, software, including the TEMPLE DOOR game “Swordcery” and the framework through which these services are provided (collectively, the “Services“). You should read these Terms carefully as they set out the basis on which we make the Services available. TEMPLE DOOR’S Privacy Policy is an integral part of these Terms and is integrated into them by reference. You confirm that you have consulted and accepted the terms of TEMPLE DOOR’S Privacy Policy available on swordcerygame.com/privacy-policy. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies and/or other terms (including without limitation “game rules”) applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are incorporated by reference into these Terms. As a User, your use of any or all of the Services and Content (as defined in Article 2.1 below), indicate that you accept these Terms, our Privacy Policy and other applicable terms depending on the Service You use including without limitation the terms of sale the End User License Agreement and other “game rules”) and that you agree to comply with them fully. If you do not agree with these, you may not continue to use our Services.

TEMPLE DOOR reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described herein, The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to the Terms, as modified. We encourage you to add this page to your bookmarks and consult this site regularly to find out about any updates to the Terms.

The Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms, you may not sell or exchange anything you copy or derive from the Services. As long as you comply with these Terms, TEMPLE DOOR grants you a personal, non-exclusive, non-transferable, limited right during the term of these Terms to enter, use, perform, and display the Services and everyone on it. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.

TEMPLE DOOR allows you to purchase Swordcery and other TEMPLE DOOR SERVICES via third party websites including, but not limited to, Steam, Nintendo, and the PS Store (“Third Party Stores”). You may access such Third Party Stores via the respective link on our website or otherwise.

By accepting these Terms, you agree that you are at least 13 years of age. Neither TEMPLE DOOR nor the Services are intended for or should be accessed by anyone under 13 years of age.

2. USE OF SERVICES AND RULES OF CONDUCT
2.1 Use of Services.
The Services are intended for personal use only and you must in no case use them in any way for commercial purposes. You undertake not to sell, rent out or market the Service or Materials. You also undertake not to arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Services or Content except as expressly permitted by the Terms. Re-posting or automated use or large-volume use of the Services or Content or transfer of any Services or Content to any other computer or mobile device are expressly prohibited except as expressly permitted by the Terms. For the purpose of these Terms, Content shall include all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination, together with all related Intellectual Property Rights in the above, (collectively, the “Content”).

You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICES FOR UNLAWFUL OR IMMORAL PURPOSES OR FOR PURPOSES CONTRARY TO THE USE OF THE SERVICE.

Use of the Services does not include supply by TEMPLE DOOR of a computer or any other hardware, equipment or service necessary for their use. To use the Services, you must have your own means of telecommunication and Internet access.

2.2 Rules of Conduct.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. More particularly, you undertake not to directly or indirectly:
use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others;
conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by TEMPLE DOOR;
access the Services by means other than those provided by TEMPLE DOOR;
arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without TEMPLE DOOR’S express prior permission;
modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on TEMPLE DOOR’S servers and/or the Services and/or those of its service providers and partners;
create, use and/or circulate “auto” or “macro” computer programs or other cheat programs or software applications, and/or use the Services via a mirror site;
“bot”, “hack”, “mod”, “trainer”, or “crack”, or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed herein;
create or supply other means enabling use of the Services by other persons, for example server emulators;
harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
use any means not expressly permitted by TEMPLE DOOR to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
refuse to obey the instructions of any TEMPLE DOOR representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and
impersonate any person or entity, including, but not limited to a representative of TEMPLE DOOR, or falsely state or otherwise misrepresent your affiliation with a person or entity.

2.3 Rules of Conduct for the Swordcery Discord Channel
In addition to the Services, TEMPLE DOOR also provides Users with access to the Swordcery Discord Channel (“Discord Channel”) so Users can interact with one another, send images/videos of Swordcery, or provide feedback on the Services to TEMPLE DOOR. You hereby agree to comply with Discord’s own terms of service, available here https://discordapp.com/terms. You hereby acknowledge and agree that in no way will TEMPLE DOOR, its owners, officers, employees, affiliates, or assigns will be responsible for your inability to access the Discord Channel or your removal therefrom due to your violation of Discord’s own terms of service. In addition to the foregoing, you agree that throughout your use of the Discord Channel, you will not upload any of the following Content on the Discord Channel:
Content that is racist, bigoted, sexist, misogynist, pornographic or otherwise explicit;
Content that is defamatory or in violation of any person’s state or common law right of publicity or other privacy right;
Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose; or
Content that otherwise violates these Terms.

2.4 Monitoring of Services by TEMPLE DOOR
TEMPLE DOOR is not responsible for and does not support, approve or sanction the opinions, advice and/or recommendations displayed or sent by Users on the Services, notably in any public forum, and declines any responsibility in this regard. You understand that by using the Services, specifically the Discord Channel, you may be exposed to User Generated Content (“UGC”) that is offensive, indecent or objectionable. TEMPLE DOOR makes no representations or warranties, express or implied, as to the UGC or the accuracy and reliability of the UGC or any other material or information that you may access through the Services. You agree that you must evaluate, and bear all risks associated with, the use of any UGC including any reliance on the accuracy, completeness, or usefulness of such UGC. In this regard, you acknowledge that you may not rely on any UGC.
You are solely responsible for your interactions with other Users on the Discord Channel. TEMPLE DOOR reserves the right, but has no obligation, to monitor disputes between you and other Users of the Services. TEMPLE DOOR reserves the right to terminate your access to the Services if TEMPLE DOOR determines, it its sole discretion, that doing so is prudent.
Subject to the applicable imperative legal provisions, TEMPLE DOOR does not undertake to monitor or remove the content, messages and other information made available on the Discord Channel by its Users. TEMPLE DOOR nevertheless reserves the right, without this constituting an obligation, to review content placed on line, particularly on the home pages or forums.

2.5 Streaming
TEMPLE DOOR authorizes Users to live stream Swordcery or other TEMPLE DOOR Games on platforms such as Twitch or YouTube. Additionally, Users may solicit personal donations or offer subscription-based content while live-streaming games, so long as non-subscribers can still watch the games concurrently. TEMPLE DOOR may revoke such permission at any time in its sole discretion.

3. ACCESS AND TERMS SPECIFIC TO MINORS
If you are a minor between the ages of 13 and 18 years old, you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services and fulfill the obligations set forth in these Terms.

If you are a parent or guardian, TEMPLE DOOR recommends that you monitor your children’s online activities. To protect your children’s privacy, TEMPLE DOOR advises you to check that your children never disclose their personal data without your prior consent. TEMPLE DOOR’S policies related to the collection and use of information from minors is further described in our Privacy Policy accessible on swordcerygame.com/privacy-policy.
In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, TEMPLE DOOR DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at www.staysafe.org.

4. INTELLECTUAL PROPERTY AND CONTRIBUTOR RIGHTS
You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”) are the property of TEMPLE DOOR , its parent company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of TEMPLE DOOR or the respective copyright owner, which may be granted at its sole discretion.
The trademarks, services marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services and any Marks associated with any products available on the Services) are the sole property of TEMPLE DOOR and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of TEMPLE DOOR and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of TEMPLE DOOR and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of TEMPLE DOOR TEMPLE DOOR will enforce its intellectual property rights to the fullest extent of applicable law.

TEMPLE DOOR makes no representations that the Services, Materials or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not TEMPLE DOOR and its Affiliates, are responsible for compliance with applicable local laws. You may submit reviews, comments, or other feedback on the Services. However, please note our submission policies below:

TEMPLE DOOR’S Unsolicited Ideas Policy: TEMPLE DOOR appreciates your enthusiasm and the time and energy you spend playing our games. TEMPLE DOOR’S company policy, however, does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Submissions”). The purpose of this policy is to avoid potential misunderstandings or disputes if products, services or features developed or published by TEMPLE DOOR might appear to be similar or identical to ideas that may have independently occurred to you.

Terms of Idea Submissions: If, despite our request that you not send us your ideas, you still choose to submit them to TEMPLE DOOR, then regardless of what your letter says, the following terms shall apply to your Submissions. You agree that:

The Submissions shall be deemed non-confidential and non-proprietary.

TEMPLE DOOR shall have no obligations concerning the Submissions, including but not limited to, no obligation to review or return any materials or acknowledge receipt of any Submissions.

TEMPLE DOOR may use, redistribute, or disclose the Submissions worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.

Feedback: While we cannot accept unsolicited ideas, TEMPLE DOOR is always pleased to receive feedback regarding its existing features and may request feedback from its Users with regard to the Services, specifically during the early-access for Swordcery. It’s just one more way that TEMPLE DOOR can learn how to best satisfy your needs. TEMPLE DOOR may request such feedback via the Discord Channel, social media, or through Swordcery itself. Users have no obligation to provide any feedback to TEMPLE DOOR, however you acknowledge and agree that TEMPLE DOOR may incorporate any Feedback into the Services. Please only provide specific feedback on existing features, and do not include ideas that our policy will not permit us to accept or consider. You acknowledge and agree that any feedback you provide is deemed to be non-confidential and non-proprietary. TEMPLE DOOR shall be free to use such feedback on an unrestricted basis, without any compensation or credit obligation to you or any third party.

Contributor and Crowdfunded Submissions: As part of our crowdfunding campaign, you may have the opportunity to become a “Contributor “to one of our games, whereby you may help us create a certain element therein. You hereby acknowledge that your status as a Contributor may be revoked at any time by TEMPLE DOOR for any reason, without notice. Further, you acknowledge and agree that nothing contained herein obligates you to perform any services or produce any deliverables as a result of your status as a Contributor and you may resign such status at any time for any reason, without notice. As a Contributor, you hereby acknowledge that if you submit us an idea, image, audiovisual work, logo, literary work, including any code, drawing, invention, or any other work of authorship or discovery (“Crowdfund Submission”), you hereby grant TEMPLE DOOR an exclusive, irrevocable, perpetual, worldwide, royalty-free license to reproduce, adapt, modify, display, publicly perform, publish, or otherwise distribute or use such Crowdfund Submission in any media now known or hereafter developed. You hereby acknowledge and agree that nothing in these Terms may be construed as to entitle you to any consideration or other compensation for such Crowdfund Submission or for your role as a Contributor. Further, you hereby acknowledge and agree that you are an independent contractor and nothing contained herein may be construed as to create a partnership, joint venture, employer-employee relationship, or any other relationship as may conflict with a finding of your status as an independent contractor. Notwithstanding the foregoing, TEMPLE DOOR will provide you with a production credit, the location, appearance, size, and position of which will be at TEMPLE DOOR’s sole discretion, for any Crowd Submission that we accept.

Production Credits for Donors: TEMPLE DOOR is happy to provide recognition in the form of production credits to all of our crowdfund donors. However, you acknowledge and agree that such credit is limited to recognition only and does not create an employer-employee or independent contractor relationship between you and TEMPLE DOOR and does not entitle you to any consideration or any type of compensation for your donation, other than any rewards offered by the applicable crowdfunding program.

5. TECHNICAL PROTECTIVE MEASURES – DIGITAL RIGHTS MANAGEMENT
CERTAIN TEMPLE DOOR GAMES AND SERVICES MAY BE PROTECTED BY TECHNICAL PROTECTION MEASURES AND DIGITAL RIGHTS MANAGEMENT, PARTICULARLY, WITHOUT LIMITATION, PHYSICAL PROTECTION, TATTOOING (WATERMARKING), DIGITAL KEYS AND ONLINE ACTIVATION. A BROADBAND INTERNET CONNECTION AND THE CREATION OF A TEMPLE DOOR ACCOUNT ARE NECESSARY TO ACCESS THE ONLINE FUNCTIONS AND TO PLAY ON LINE, AND, IN CERTAIN CASES, TO UNLOCK EXCLUSIVE CONTENTS. SUCH EXCLUSIVE CONTENTS MAY BE UNLOCKED ONCE ONLY WITH A UNIQUE KEY. FOR ALL GAMES AND SERVICES INCORPORATING ORBIT DIGITAL RIGHTS MANAGEMENT TECHNOLOGY, A PERMANENT BROADBAND INTERNET IS NECESSARY TO PLAY SAID GAME(S) OR ACCESS SAID SERVICE(S) AT ANY TIME. TEMPLE DOOR MAY CANCEL ACCESS TO ONE OR MORE ONLINE FUNCTIONS SUBJECT TO NOTIFICATION WITH PRIOR NOTICE OF 30 (THIRTY) DAYS ON THE TEMPLE DOOR WEBSITE OF THE GAME OR SERVICE(S) CONCERNED.

6. Third Party Links
The Services may contain links to third party websites, including the Third Party Stores (“Linked Sites”). The Linked Sites are not under the control of TEMPLE DOOR or any part of the Services and TEMPLE DOOR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TEMPLE DOOR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TEMPLE DOOR of the website or any association with its operators.

7. BETA TESTS
TEMPLE DOOR may, entirely at its own discretion, contact you to propose that you test, evaluate or comment on one or more games and Services, game elements and/or downloadable content before they are marketed or launched, in order to identify bugs and errors in the programs and/or improve their functioning (“Beta Test“).
If you agree to Beta Test the games and Services, you may be required to sign a confidentiality agreement for each Beta Test. The obligation of confidentiality remains applicable until TEMPLE DOOR officially distributes the games, Services and/or Test Contents (as defined below) or discloses them in any other way to the public, without this being attributable to you.
You must perform the Beta Test personally and allow no one else to have access to the beta version of game(s), documentation on the game(s) and/or any other information associated with the Beta Test, including without limitation, authorizations to access TEMPLE DOOR’S websites (collectively known as the “Test Contents“). You will be asked to inform TEMPLE DOOR of your reactions and suggestions following your experience of the game(s), elements, Content and/or Services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data (collectively referred to as the “Comments“) passed on, disclosed or offered to TEMPLE DOOR in the course of the Beta Tests, or more generally in the course of use of the Services, will be the exclusive property of TEMPLE DOOR . You therefore agree not to make your Comments accessible by any means or process to any outside party other than TEMPLE DOOR. You acknowledge that, unless prohibited from doing so under the applicable legislation, TEMPLE DOOR may use, sell, promote and exploit the Comments in any way, without restriction and without compensation to you.

You agree and accept that the Test Contents which are supplied to you are highly confidential and/or exclusive information belonging to TEMPLE DOOR. You acknowledge that the beta versions of games and all other Test Contents made available to you by TEMPLE DOOR for Beta Tests have not yet been officially classified and you must make sure that no Test Content can be made available to or accessed by minors.

You acknowledge that TEMPLE DOOR may protect certain Test Contents by incorporating technical protection measures in them to prevent any unlawful reproduction or modification of the Test Contents. In particular, each Test Content is addressed to you by name and TEMPLE DOOR may use digital tattooing (“watermarking) processes to identify any violation of these provisions concerning beta tests.

Beta versions of games and more generally any Test Contents are supplied to you “as is” and “according to availability” without any explicit or implicit guarantee of any kind. You play on a beta version at your own risk. You accept that (i) the games may include known or unknown bugs; that (ii) the games may be available only on subscription once the beta phase is completed or at any other time subsequently; and (iii) your progress and your data in the game may be erased at any time. .
You agree that violation of your obligations under this Article would cause TEMPLE DOOR irreparable damage and that TEMPLE DOOR would be entitled to take any action to prevent any breach or risk of a breach of your obligations or to obtain compensation for the damage it has incurred.

At the end of the test period, or at any time when TEMPLE DOOR asks you to do so, you undertake to return immediately all Test Contents received from TEMPLE DOOR.

Nothing in these Terms may be interpreted as giving you any right or privilege regarding the Test Contents. All of the Terms apply to the use you make of the games during the beta test phase.

8. DISCLAIMER, LIMITATION OF LIABILITY
ALL INFORMATION AND CONTENT PROVIDED BY TEMPLE DOOR THROUGH THE TEMPLE DOOR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND TEMPLE DOOR DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY SUCH INFORMATION OR CONTENT. THE TEMPLE DOOR SERVICES ARE PROVIDED “AS-IS” AND TEMPLE DOOR DOES NOT GUARANTEE THAT THEY ARE SAFE, SECURE, OR FUNCTIONAL AT ALL TIMES.

TO THE EXTENT PERMITTED BY LAW, TEMPLE DOOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TEMPLE DOOR IS NOT RESPONSIBLE FOR ANY CONTENT THAT IS UPLOADED TO THE TEMPLE DOOR SERVICES, INCLUDING ANY INFRINGING, UNLAWFUL, OR OBJECTIONABLE CONTENT THAT IS UPLOADED TO THE TEMPLE DOOR SERVICES. FURTHER, TEMPLE DOOR IS NOT RESPONSIBLE FOR USER ACTIONS.

USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF TEMPLE DOOR. YOU HEREBY ACKNOWLEDGE THAT TEMPLE DOOR DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR OTHER USERS.

IF YOU ARE ACCESSING THE TEMPLE DOOR SERVICES VIA THE FREE APP, YOU MAY SEE ADVERTISEMENTS THAT MAY LINK TO OUTSIDE COMPANIES, APPLICATIONS, WEBSITES, OR OTHER SERVICES. TEMPLE DOORIS NOT RESPONSIBLE FOR SERVICES AND FEATURES OFFERED BY OTHER PEOPLE, COMPANIES, OR ENTITIES, EVEN IF YOU ACCESS THEM THROUGH THE TEMPLE DOOR SERVICES.

YOU HEREBY AGREE THAT TEMPLE DOOR WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE TEMPLE DOOR SERVICES. TEMPLE DOOR ’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE TEMPLE DOOR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TEMPLE DOOR IN THE PAST CALENDAR YEAR.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless TEMPLE DOOR, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (a) your misuse of and access to the Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (d) your use of or inability to use the Services; and (e) any claim that you caused damage to a third party.

10. TERMINATION
These Terms are effective unless and until terminated by either you or TEMPLE DOOR. These Terms may be terminated or suspended at any time, without notice, and accordingly deny you access to the Services, for any reason. Upon any termination of the Terms, you must promptly uninstall any mobile applications and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Terms or otherwise. Additionally, upon termination, all achievements, virtual items, and/or virtual currency that you have acquired may, in our sole discretion, be terminated and forfeited. You have no property rights in any achievements, virtual items and/or virtual currency. Any fees paid hereunder are non-refundable.

10.1 Termination of Your Access to the Services at TEMPLE DOOR’S initiative.
TEMPLE DOOR may suspend or close your ability to use one or more Services or part of the Services, at any time, automatically and without any judicial formality for the following reasons:
you claim to be any other person or entity or present your identity inaccurately;
you do not comply with these Terms or any special condition relating to a particular Service or Services;
you are in breach of your legal or contractual obligations; or
or for any other reason determined by TEMPLE DOOR in its sole discretion.

11. UPDATING OF SERVICES AND TERMS
11.1 Modification of Terms
TEMPLE DOOR may change, modify, add or delete the clauses of these Terms and other notices contained on the TEMPLE DOOR Services, at any time, temporarily or permanently and entirely at its own discretion.
TEMPLE DOOR will inform you of any change, modification, addition or deletion to these Terms by posting, on the website of the Services concerned by these Terms, a notification informing the User of the occurrence of the change, modification, addition or deletion. Any change, modification, addition or deletion will come into force five (5) working days after the publication of said notification. If you do not agree to the changes made to these Terms, you must cease all use of the Services. You therefore undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.

11.2 Modification of Access to Services and Content
TEMPLE DOOR may modify the Content for any reason or without any specific reason, at any time, particularly for reasons linked to technical changes. In particular, TEMPLE DOOR may deem it necessary to carry out updates, maintenance operations and/or resets to improve and/or optimize the games and Services. Such updates, maintenance operations and/or resets are liable to affect the games, the Services and/or your acquired rights or any other related element, or to result in setbacks for you in the game environment. The products updated or modified in accordance with this Article are subject to the guarantees indicated above. Lastly, TEMPLE DOOR reserves the right to (a) restrict access to all or part of the Services for any User and/or (b) delete all or part of the Services, entirely at its own discretion.

12. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

12.1 The Services are controlled and operated by TEMPLE DOOR from within the United States of America, and is intended for use only by residents of the United States. TEMPLE DOOR makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

12. 2 In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute must be resolved solely by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. If the Parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator’s award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorney’s fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

12.3 You hereby consent to the jurisdiction of the State of California and agree that its law will be used to resolve all disputes arising from or concerning these Terms

12.4 Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TEMPLE DOOR agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

13. HEALTH OF VIDEO GAME USERS
TEMPLE DOOR advises you to take the following precautions in all cases when using a video game. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.

13.1 Epilepsy warning:
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, you must immediately stop playing and consult a doctor.

14. NOTICE TO CALIFORNIA RESIDENTS
Pursuant to Cal. Civil Code § 1789.3, please note that (a) TEMPLE DOOR is located at 3705 W Pico Blvd #699, Los Angeles, CA 90019, (b) The fees and charges for the Services vary depending on the services selected by you, and (c) If you have a complaint regarding the Services or desire further information on use of the Services, email contact@templedoorgames.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

15. MISCELLANEOUS
15.1 Titles and Headings
The headings of the clauses are intended solely to facilitate reading and understanding of these Terms and may in no case allow any assumption to be made as to the content of the clauses and the way in which they may be interpreted.

15.2 Severability
If any one of the clauses of the Terms proves to be unnecessary or irrelevant; is deemed null and void or unlawful, and/or for any reason to be unenforceable by a court of competent jurisdiction (i) said clause will be interpreted in compliance with the applicable legislation in such a way as to best reflect TEMPLE DOOR’S initial intentions and (ii) the other clauses of these Terms will remain unchanged and will continue to apply as if the unnecessary, irrelevant, null and void or inapplicable provisions were no longer contained in the Terms. When used in Terms, the term “including” shall be deemed to be followed by the words “without limitation.”

15.3 No Waiver
The fact that TEMPLE DOOR or the User does not exercise or assert any right or provision contained in these Terms, or is slow to exercise or assert it, may not be considered to constitute waiving of this right or provision. Waiver of one of the provisions of these Terms may be considered to have taken place only after signing of a written statement to this effect by TEMPLE DOOR or by the User.

15.4 Entire Agreement.
The Terms, including TEMPLE DOOR’S Privacy Policy and all other policies incorporated herein, represent the entire agreement between you and TEMPLE DOOR concerning your rights and obligations as to the use of said Services and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of the Terms.

15.5 Force Majeure
Subject to applicable law, TEMPLE DOOR may not be held liable for circumstances beyond its reasonable control.

15.6 Miscellaneous
TEMPLE DOOR makes no representation that content contained on the Services are appropriate or available for use in jurisdictions outside the United States, or that these Terms complies with the laws of any country outside the U.S. Visitors who use the Services and reside outside of the U.S. do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you and not TEMPLE DOOR, are responsible for compliance with applicable local laws.

15.7 Contacts
These Terms can be accessed at any time at swordcerygame.com/terms-of-use. For any question concerning these Terms or the Services, you may contact TEMPLE DOOR by emailing contact@templedoorgames.com.
ANY USE OF THE SERVICES IMPLIES UNRESERVED APPROVAL OF THESE TERMS AND TEMPLE DOOR’S PRIVACY POLICY.

Last Updated: July 1, 2019