Welcome, adventurer! By accessing, downloading, installing, or otherwise using any games,
software, websites, or services (collectively, the "Services") provided by Nightforge
Studios LLC ("Nightforge Studios", "Nightforge", "we", "us", or "our"), a Colorado, United
States of America Limited Liability Company, you ("you", "user", "player", or "hero")
agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms,
please close this tab, uninstall our games, and go pet a cat instead.
These Terms constitute a legally binding agreement between you and Nightforge Studios. You
must be at least 13 years old (or the minimum age in your jurisdiction) to use our
Services. If you are under 18, you represent that you have your parent or guardian's
permission to use our Services and to agree to these Terms.
2. License Grant & Restrictions
Subject to your compliance with these Terms, Nightforge Studios grants you a limited,
personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access
and use our Services solely for your own personal, non-commercial entertainment purposes.
All rights not expressly granted are reserved by Nightforge Studios.
You may not sell, rent, lease, sublicense, distribute, copy, publicly display, or
otherwise exploit our Services for any commercial purpose without our express written
consent. (If you want to run a tournament, let's talk!)
You may not reverse engineer, decompile, disassemble, or attempt to derive the source
code of our games or software, except as expressly permitted by law (and even then,
please don't).
You may not modify, adapt, translate, or create derivative works based on our Services
without our permission.
You may not use our Services for any unlawful, harassing, abusive, fraudulent, or
otherwise objectionable purpose. No griefing, cheating, or summoning eldritch horrors,
please.
You may not circumvent, disable, or otherwise interfere with security-related features
of our Services.
You may not share, sell, or transfer your account or license to anyone else. Your
hero's journey is yours alone.
3. User Accounts & Conduct
You may be required to create an account or use a third-party platform (such as Steam) to
access certain Services. You are responsible for maintaining the confidentiality of your
account credentials and for all activities that occur under your account. If you suspect
unauthorized use, notify us immediately (preferably before the boss fight).
You agree to abide by all applicable laws and regulations, and to respect the rights and
enjoyment of other players. We reserve the right to suspend or terminate your access to the
Services at any time, with or without notice, for conduct that we believe violates these
Terms, is harmful to other users, or is otherwise not in the spirit of fun and fair play.
4. Purchases, Payments, and Refunds
All purchases of our games and in-game content are processed through trusted third-party
platforms, primarily Steam. By making a purchase, you also agree to abide by the terms and
policies of the relevant platform. For Steam's privacy policy, see here.
Steam Refund Policy: We want you to love our games.
If you are not satisfied, you may request a refund through Steam, provided you can furnish
proof of purchase (such as a receipt or transaction confirmation) and proof of the purchase
date. Refunds are subject to the policies of the platform through which you purchased (e.g.,
Steam's refund policy may apply and may supersede ours, see here). We reserve the right to deny refund requests that do not meet these criteria or
appear fraudulent, exploitative, or otherwise suspicious. For instance, if you try to refund
after 1,000 hours of playtime, it may raise concerns.
In-Game Content: Virtual items, currencies, or other
digital goods have no real-world value, are non-transferable, and (except as required by law)
are non-refundable. We reserve the right to modify, remove, or discontinue in-game content at
any time, for any reason, with or without notice. (Don't worry, we'll try not to nerf your
favorite card. Probably.)
5. Intellectual Property & Content Ownership
All content, features, graphics, gameplay, code, music, sound effects, storylines, and
other elements of our Services are owned by Nightforge Studios LLC or our licensors and are
protected by copyright, trademark, patent, and other intellectual property laws. You may
not use our trademarks, logos, or branding without our express written permission. Fan art
is cool, just don't sell it without talking to us first!
If you submit feedback, suggestions, or fan content to us, you grant us a perpetual,
irrevocable, royalty-free, worldwide license to use, modify, and display such content in
connection with our Services, with or without attribution, and without compensation to you.
(We'll try to give you a shout-out if we can!)
Like most websites and game studios, we use cookies, pixels, beacons, and similar
technologies to enhance your experience, remember your preferences, and analyze usage. By
using our Services, you consent to our use of these technologies. You can control cookies
through your browser settings, but disabling them may affect your experience (and possibly
your leaderboard ranking). For more details, see our Privacy Policy.
8. Disclaimers & Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING BUT NOT
LIMITED TO ALL CONTENT, SOFTWARE, PRODUCTS, FEATURES, FUNCTIONALITY, AND MATERIALS
PROVIDED BY NIGHTFORGE STUDIOS LLC ("NIGHTFORGE STUDIOS," "NIGHTFORGE," "WE," "US," OR
"OUR"), ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, OR
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, MALWARE, OR OTHER
HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY NIGHTFORGE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NIGHTFORGE
STUDIOS LLC, ITS PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS,
SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE "NIGHTFORGE PARTIES") BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER
COMMERCIAL OR NON-COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH (A)
YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT
OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE
SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
OR (E) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF
NIGHTFORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE
NIGHTFORGE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR
THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE
TOTAL AMOUNT PAID BY YOU TO NIGHTFORGE STUDIOS LLC FOR THE SERVICES IN THE TWELVE (12)
MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS
(US $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS,
THE LIABILITY OF THE NIGHTFORGE PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
9. Indemnification
YOU AGREE, AT YOUR SOLE EXPENSE, TO DEFEND (AT NIGHTFORGE STUDIOS LLC'S REQUEST),
INDEMNIFY, AND HOLD HARMLESS NIGHTFORGE STUDIOS LLC, ITS PARENT, SUBSIDIARIES,
AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, CONTRACTORS,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY,
THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL ACTUAL OR ALLEGED CLAIMS,
DEMANDS, ACTIONS, SUITS, PROCEEDINGS, INVESTIGATIONS, LIABILITIES, DAMAGES, LOSSES,
COSTS, EXPENSES, AND FEES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' AND
EXPERTS' FEES AND COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF THE
SERVICES; (B) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW, RULE, OR REGULATION;
(C) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO
INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR PROPRIETARY RIGHTS; (D) ANY CONTENT OR
INFORMATION YOU SUBMIT, POST, TRANSMIT, OR OTHERWISE MAKE AVAILABLE THROUGH THE
SERVICES; (E) YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; OR (F) ANY DISPUTE BETWEEN
YOU AND ANY THIRD PARTY. NIGHTFORGE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY THE
INDEMNIFIED PARTIES, AND YOU AGREE TO COOPERATE WITH NIGHTFORGE'S DEFENSE OF SUCH
CLAIMS. YOU SHALL NOT SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF NIGHTFORGE
STUDIOS LLC. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE THE TERMINATION OR EXPIRATION
OF THESE TERMS AND YOUR USE OF THE SERVICES.
10. Termination
We reserve the right to suspend or terminate your access to any or all of our Services at
any time, for any reason or no reason, with or without notice. Upon termination, all rights
granted to you under these Terms will immediately cease, but the sections regarding
intellectual property, disclaimers, limitation of liability, indemnification, and governing
law will survive. (The legend of your account may end, but the Terms live on.)
11. Changes to Terms
We may update, modify, or replace these Terms at any time, at our sole discretion. We'll
post the updated Terms on this page and update the "Last updated" date above. Material
changes may be communicated via in-game notice, email, or interpretive dance (okay,
probably not the last one). Your continued use of our Services after changes become
effective constitutes your acceptance of the new Terms. If you don't agree, your quest ends
here.
Governing Law: These Terms and any dispute, claim,
or controversy arising out of or relating to these Terms, the Services, or any related matter
(collectively, "Disputes") shall be governed by and construed in accordance with the laws of
the State of Colorado, United States of America, without regard to its conflict of law principles.
Informal Resolution: Before initiating any formal
legal proceeding, you agree to first contact Nightforge Studios LLC in writing at [email protected] and provide a detailed description of your Dispute, so that we may
attempt to resolve it amicably and informally within sixty (60) days. Only if we are unable to
resolve the Dispute informally may you proceed as set forth below.
Binding Arbitration: Except as expressly provided
below, you and Nightforge Studios LLC agree that any and all Disputes (whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved
exclusively and finally by binding, individual arbitration administered by the American
Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate,
the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA
Rules"), as modified by these Terms. The arbitration shall be conducted in English, and the
seat and venue of arbitration shall be Denver, Colorado, unless otherwise mutually agreed by
the parties in writing.
Waiver of Class Actions and Jury Trials: You and
Nightforge Studios LLC agree that all Disputes will be resolved on an individual basis only,
and not in a class, consolidated, representative, or collective action or proceeding. You expressly waive any right to a jury trial. The
arbitrator shall have exclusive authority to resolve any Dispute, including any question
regarding the scope, enforceability, or arbitrability of this arbitration provision.
Exceptions: Notwithstanding the foregoing, either
party may (a) bring an individual action in small claims court if the claim qualifies; (b)
seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or
threatened infringement, misappropriation, or violation of a party's intellectual property
rights; or (c) pursue enforcement of an arbitration award in any court of competent jurisdiction.
Costs and Fees: Each party shall bear its own
attorneys' fees and costs, except as otherwise required by the AAA Rules or applicable law.
The arbitrator may award fees and costs to the prevailing party as permitted by law.
Severability: If any portion of this arbitration
provision is found to be unenforceable, that portion shall be severed and the remainder shall
remain in full force and effect. If a Dispute is determined not to be subject to arbitration,
you agree to submit to the exclusive jurisdiction of the state and federal courts located in
Denver, Colorado, and waive any objection to venue or personal jurisdiction therein.
Survival: This arbitration provision shall survive
the termination or expiration of these Terms and your use of the Services.
By accepting these Terms, you acknowledge and agree that you are waiving the right to a
trial by jury or to participate as a plaintiff or class member in any purported class,
collective, or representative proceeding.
13. Miscellaneous
Severability: If any provision of these Terms
is found to be invalid or unenforceable, the remaining provisions will remain in full
force and effect.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nightforge Studios
regarding your use of the Services.
No Waiver: Our failure to enforce any right or
provision of these Terms will not be deemed a waiver of such right or provision.
Assignment: You may not assign or transfer
these Terms or your rights hereunder, but we may assign them without restriction.
14. Contact Us
If you have any questions, concerns, or just want to say hi, you can reach us at:
Email: [email protected] Address: Nightforge Studios LLC, Colorado, United States of America