Wild Shadow Studios, Inc. (“Company”, “WE” OR “US”) Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND Company AND GOVERN YOUR ACCESS TO, AND USE OF, THE Company WEBSITE LOCATED AT THE URL: WWW.REALMOFTHEMADGOD.COM, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”).  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE.  YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THIS CONTRACT. Company MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME OR MAY DISCONTINUE IT ALTOGETHER. Company MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY POSTING NOTICE OF THE CHANGE SO IT IS VISIBLE WHEN USERS LOG-ON FOR THE FIRST TIME AFTER THE CHANGE IS POSTED AND/OR SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES.  IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THIS SITE.  IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions.

Company provides an online game, content and services through this Site.  The information, documents, products and services provided on and through this Site, including content, logos, graphics and images (collectively, the “Materials”) are provided to you by Company and are the copyrighted and/or trademarked work of Company or Company’s licensors.  

 

Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use this Site solely for your own personal use.  You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.  All rights not expressly granted to you are reserved by Company. There are no implied rights.

 

This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials.  Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.  

 

Password Restricted Areas of this Site.

You may need a password to login to this Site and to use certain functions and areas within this Site.  You are responsible for maintaining the confidentiality of your password and account, and agree to notify Company if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.  You are responsible for all activities that occur under your account.  You agree to immediately notify Company of any unauthorized use of your account or any other breach of security in relation to this Site known to you.  

 

Purchases.

 

If applicable, you agree to pay all fees or charges to your account based on Company’s fees, charges, and billing terms then in effect. You are responsible for paying any taxes that may apply.  If you do not pay on time or if Company cannot charge your credit card, PayPal or other payment method for any reason, Company reserves the right to bill you and suspend or terminate your access to the Site and account.  You are expressly agreeing that Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

 

Electronic Communications.

 

By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from Company.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site.  These electronic communications are part of your relationship with Company.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Privacy Policy.

 

Your use of this Site is governed by the Company Privacy Policy, which is available at www.realmofthemadgod.com/PrivacyPolicy.html (the “Privacy Policy”).

 

Third Party Content.

Certain information and other content may be provided by third party licensors and suppliers to Company (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  You agree to only display the Third Party Content on your personal computer solely for your personal use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.  COMPANY HEREBY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  

 

Links to Third Party Sites.

This Site may be linked to other sites that are not Company sites. Company is providing these links to you only as a convenience, and Company is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.  The links do not constitute an endorsement by Company of those third party sites.  You acknowledge that Your use of any third party site is subject to the terms of use and privacy policies located on the linked to third party sites.

 

Submissions.

You may submit artwork, photos, videos, graphics, sounds or other content or material to Company (each a “Submission”). You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  You hereby grant Company a perpetual, irrevocable, worldwide, fully-paid, royalty-free license, with full rights of sublicense, to use, reproduce, display, perform, modify, create derivative works of, and otherwise fully exploit your Submissions in any manner and medium (now or hereafter existing).

 

You further agree not to upload, post or otherwise make available any third party artwork, photos, videos, graphics, sounds or other content or material (collectively, “Content”) that is protected by copyright, trademark, or any other proprietary right without the express permission of the owner, and the burden of determining whether any Content is protected by any such right is on you.  You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make, and you hereby agree to indemnify and hold harmless Company from all liabilities, losses, damages, expenses (including attorneys’ fees), costs, damages, judgments and awards suffered or incurred by Company in connection therewith.

 

You represent and warrant that: (i) you own all Submissions posted by you or otherwise have the right to grant the ownership to Company set forth in this section, and (ii) the posting of your Submissions does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions provided by you.

 

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Use racially, ethnically, or otherwise offensive language.
  3. Discuss or incite illegal activity.
  4. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  5. Post anything that exploits children or minors or that depicts cruelty to animals.
  6. Post any copyrighted or trademarked materials without the express permission from the owner.
  7. Disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or unwanted content or materials.
  8. Use any robot, spider, scraper or other automated means to access the Site.
  9. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

 

This list of prohibitions provides examples and is not complete or exclusive.  Company reserves the right to (a) terminate your access to your account, your ability to post to this Site (or use the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.  Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

 

These prohibitions do not require Company to monitor, police or remove any Submissions or other information submitted by you or any other user.

 

Unauthorized Activities.

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.  You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas and your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

Company is a trademark of Company in the United States.  Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements.

Notification:

Company respects the intellectual property rights of others, and we ask you to do the same.  Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please  provide Company’s designated agent the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Company to locate the material.
  4. Information reasonably sufficient to permit Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail: Wild Shadow Studios, Inc.  253 Hillview ave. Los Altos, CA 94022                        

By phone: (650) 397-1068

By e-mail: administrator@wildshadow.com

                        

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

Disclaimer of Warranties.

Your use of this Site and/or the services is at your own risk.  Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Company, and they may include inaccuracies or typographical or other errors.  Company does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site.  Company has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Company or our licensors.

 

Company, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF any type or kind, and company, on behalf of itself and its licensors, hereby disclaims and excludes all warranties, whether statutory, express or implied, including, without limitation, any IMPLIED WARRANTY OF title, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  Company DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

to the maximum extent permitted by law, IN NO EVENT SHALL Company BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Company KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Company’s liability for damages exceed $100.

Local Laws; Export Control.

Company controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are responsible for following applicable local laws.

 

General.

If you violate these Terms, Company may terminate and/or suspend your access to this Site without notice.  Company prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by Company, may result in immediate termination of California state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern  all matters arising out of or relating to this contract.  Any disputes relating to these Terms or this Site brought by you must be heard in the courts located in California.  If any of these Terms is found to be illegal or inconsistent with applicable law, then such term shall be interpreted to reflect the economic effect of the offending provision, and other terms will remain unmodified and in full force and effect.  Company’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and Company with respect to the subject matter hereof, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.