SHARD TABLETOP TERMS AND CONDITIONS OF USE
This website and all associated content and services (the “Site”) are the property of Shard Tabletop, Inc., a Washington corporation (“Shard Tabletop,” “we” or “us”). The following terms and conditions of use (“Terms”) govern your access to and use of the Site, including any related content, functionality and services offered by us through the Site.
Please read the Terms carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy https://www.shardtabletop.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.
ACCOUNTS
Registration. While some elements of our Site may be accessible to the public, certain aspects of the Site (e.g., creating a community profile, accessing online services, posting in forums, or participating in a coordinated game) may require that you register an account. To register an account, you may be asked to provide your date of birth and country/region, and then provide an email address, a username, a screen name and a password. To gain access to other services (e.g., a coordinated game, invitations to special events, forums, promotions, and prize payments), you may be asked to provide your full name, address, city, state, and country. Shard Tabletop will use and protect this information according to the terms of our Privacy Policy https://www.shardtabletop.com/privacy. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms for the services ("Registration Data"); and (ii) maintain and promptly update the Registration Data, and any other account-related information you provide to us.
Passwords; Security. You are entirely responsible for maintaining the confidentiality of your password. You also agree not to share your account, screen name, username or password, and agree to notify us immediately if you suspect any unauthorized use of your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you or your child is aware of, understands, and complies with these Terms and all other rules, policies, or notices published by Shard Tabletop.
ACCOUNT ELIGIBILITY
Use of the Site is void where prohibited. By registering an account and using the Site, you represent and warrant that: (i) all Registration Data that you submit is truthful and accurate; (ii) you are the age of consent in your country/region or older, or have your parent or guardian's consent; and (iii) your use of the Site will not violate any applicable law or regulation, these Terms, or any other rules, policies, or notices published by Shard Tabletop, (iv) you are a "natural person" (Corporations, LLCs, partnerships and other legal or business entities are not eligible), and and (v) you are not an individual specifically prohibited by Shard Tabletop from registering an account or using the Site. Your account may be deleted and your access to the Site terminated without warning if we believe that you are under the age of consent for your country/region and are using the Site without parental/guardian permission, or are otherwise violating the Terms. Please note that the purchase or use of certain services on the Site may have different eligibility requirements, including a higher minimum age requirement, as specified in any additional terms governing such services.
You have no property or ownership rights or interest whatsoever in your account. You may not share, sell, transfer, or allow any other person to access your account or Registration Data, or offer to do so.
YOUR LICENSE TO USE THE SITE
Subject to your compliance with these Terms, Shard Tabletop grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use the Site (excluding any software source code) solely for your own use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or related content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shard Tabletop or its licensors, except for the licenses and rights expressly granted in these Terms.
In addition, you agree not to engage in any of the following with respect to the Site or services provided by us on the Site:
(i) Data mining: Use any unauthorized means, process, or software that accesses, collects, reads, intercepts, monitors, data scrapes including without limitation, agents, robots, scripts, or spiders; or mines information (including reverse look-up or attempted tracing of Registration Data in any way and for any reason);
(ii) Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Site including without limitation (i) server(s) that emulate the Site; (ii) unauthorized third-party "cloud computing" services, (iii) any connection designed to enable unauthorized streaming or transmission of games from a third-party server to a device, and (iv) using third-party programs or tools not expressly authorized by Shard Tabletop in any way, for any purpose, including without limitation unauthorized online or network play or as part of content aggregation networks.
(iii) Circumvent Security: probe, scan or test the vulnerability of the Site, or breach the security or authentication measures on the Site;
(iv) Cheating: Creating, offering, using, promoting, distributing, or making available any cheats, bots, hacks, or device, software, code, or program not expressly authorized by Shard Tabletop that grants any user an advantage over other users of the Site not using such methods;
(v) Prohibited Commercial Activity: Exploit any portion of the Site for any purpose not expressly authorized by Shard Tabletop, including without limitation (a) attempting to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any component of the Site, including in-game currency, items, or resources (b) performing services such as account boosting, power-leveling, or view botting in exchange for payment; (c) communicating or facilitating in any medium commercial advertisement, solicitation or offer; or (d) organizing, promoting, facilitating, or participating in any event involving wagering on any other aspect of the Site or activities conducted on the Site.
(vi) Disruption: use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Site, or with any other person's use of the Site, including taking any action that imposes an unreasonable or disproportionately large load on infrastructure;
(vii) Forgery/Impersonation: forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Site, or in any way impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity;
(viii) Violate Laws, Regulations, or Rules: use the Site in an illegal manner or for any unlawful purpose, or in any manner that violates any applicable rules, policies, guidelines, or policies.
PAYMENT METHODS
You hereby authorize Shard Tabletop and our affiliates to run payments authorizations on all payment methods that you choose, to store these financial details as your method of payment, and to charge your payment method owed under the Terms. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage payment method information. All payments shall be in US currency.
RELEASE
In addition to the recognition that Shard Tabletop is not a party to any contract or other relationship between Users, you hereby release Shard Tabletop, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user of the Site, whether it be at law or in equity that exist as of the time you enter into this agreement.
CONTENT
You hereby represent and warrant that all content posted by you on or through the Site is owned by you, does not violate the rights or any third party, and does not violate any applicable law or regulation. Shard Tabletop reserves the right to remove any content from the Site which it reasonably believes was posted in violation of the foregoing warranty and terminate the Account of the responsible party.
WARRANTY DISCLAIMER
THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SHARD TABLETOP MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARD TABLETOP DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Shard Tabletop is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with your use of the Site, including, but not limited to:
● delays or disruptions in our Site;
● viruses or other malicious software obtained by accessing, or linking to, our Site;
● glitches, bugs, errors, or inaccuracies of any kind in our Site;
● damage to your hardware device from the use of the Site;
● the content, actions, or inactions of third parties’ use of the Site or Site Services;
● a suspension or other action taken with respect to your Account;
● your reliance on the quality, accuracy, or reliability of content posted on the Site; and
● your need to modify practices, content, or behavior or your loss of or inability to use the Site, as a result of changes to the Terms.
ADDITIONALLY, IN NO EVENT WILL SHARD TABLETOP, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF SHARD TABLETOP, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $1,500; OR (B) ANY FEES RETAINED BY SHARD TABLETOP WITH RESPECT TO YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
INDEMNIFICATION
You will indemnify, defend, and hold harmless Shard Tabletop, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) your use of the Site and the Site services; (b) any interaction by you with other Users of the Site; (c) your failure to comply with the Terms; (d) your failure to comply with applicable law; (e) your negligence, willful misconduct, or fraud; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other user.
INTELLECTUAL PROPERTY RIGHTS
The Site is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Shard Tabletop and its licensors exclusively own all right, title, and interest in and to the Site and related content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Shard Tabletop used herein are trademarks or registered trademarks of Shard Tabletop. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning Shard Tabletop or our services, including the Site (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Shard Tabletop and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account.
COPYRIGHT POLICY
It is our policy, in appropriate circumstances at our sole discretion, to disable and/or terminate the account or access of users who infringe or are believed to be infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, Shard Tabletop will respond promptly to claims of copyright infringement that are reported to our Designated Copyright Agent in the form shown below.
DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed or provide a comprehensive list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, if applicable, the URL of the link or a specific description of where the material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
b. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to legal@shardtabletop.com.
MODIFICATIONS
THESE TERMS ARE CURRENT AS OF THE EFFECTIVE DATE SET FORTH BELOW. SHARD TABLETOP MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THESE TERMS AT ANY TIME. SHARD TABLETOP WILL POST ITS UPDATED TERMS ON THE SITE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT. SHARD TABLETOP ENCOURAGES YOU TO REVIEW THESE TERMS REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE SITE WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT TERMS.
GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the Washington.
LAST UPDATED: April 10, 2020