TERMS AND CONDITIONS

# LEGENDS OF ARIA TERMS OF SERVICE

Last updated August 2, 2019

Thank you for enjoying the games we create. In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations, Community Guidelines, and End User License Agreement. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.

Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we collect from you. We provide it to you separately for two reasons: 1) it is not an agreement to which you must consent in order to enjoy our products—instead, the policy exists solely to communicate our practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy.

Please also review our Community Guidelines.

## General Considerations and Definitions

For purposes of this Agreement, “Website” means https://blackthornstudios.net/, and all subpages thereto, including social media pages and accounts (e.g., Twitter, Facebook, Discord, etc.), and digital storefronts such as the Steam page for Blackthorn or any of our respective titles, or international storefronts such as Mail.ru or My.com where applicable (herein “Digital Storefronts”).

The term “Game” or “Games” means our interactive entertainment products, namely and including but not limited to “Legends of Aria”, including the game client and all versions thereof across all consoles and playable platforms, and also refers to all expansions, updates, and game keys for digital download, as well as all content and intellectual property embodied therein.

“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.

“Platform” refers collectively, and at times individually, to (1) the Legends of Felluca launcher, downloader, and content delivery network (“CDN”), (2) the Blackthorn gaming services made available through the same, (3) each of the Games, (4) if and when applicable, authorized mobile or companion applications (“Mobile Apps”) relating to the Games and the Blackthorn gaming service, and (5) all features and components of each of them, whether installed or used on a computer or mobile device.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE Blackthorn PLATFORM.

“Services” mean all of the products and services offered by Blackthorn, including but not limited to our Games and in-game purchases, our website, community and social media accounts, customer support, technical support, and all other means by which you interact with Blackthorn and its products and services.

By accessing the Website, or downloading or purchasing the Game(s), you hereby accept the Community Guidelines, and End User License Agreement contained herein (collectively the “Agreements”) in full. Do not continue to use the Website or Game(s) if you do not accept all of the terms and conditions set forth below.

The following terminology applies to these Community Guidelines, Terms of Service, End User License Agreement, and any or related agreements referenced herein: “End User”, “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. “The Company”, “Blackthorn”, “Ourselves”, “We”, “Our” and “Us”, refers to our company, Blackthorn Studios, Inc. “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

## End User License Agreement

### Blackthorn Account

You will need to create an End User Account before accessing our Platform or downloading or installing any of our Games (“Blackthorn Account”). We may enable features that allow you to modify or change the information you provide to us through your Blackthorn Account from time to time, subject to our Privacy Policy. You do not own your Blackthorn Account, which at all times remains the property of Blackthorn. We reserve the right to cancel your Blackthorn Account at any time pursuant to these Agreements.

It is important that you ensure the security of your Blackthorn Account by not sharing your password with third parties. Blackthorn will never ask you for your password for any reason. We do allow you to change your password at any time and at your convenience.

Your Blackthorn Account is used to access the Platform and all of the features and Services available through our Platform. This is also how we keep track of your characters, game progress, player performance and player rankings, as well as any and all transactions, including in-game purchases and in-game currency purchases. All such purchases are tied to the Blackthorn Account through which you accessed such Service and may not be transferred to any other Blackthorn Account.

Blackthorn retains the right to monitor and/or record your communications when you use our Platform, and you acknowledge and agree that when you use our Services, you have no expectation that your communications will be private. Blackthorn shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Blackthorn policy; (c) to protect Blackthorn’s legal rights and remedies; (d) to protect the health or safety of anyone that Blackthorn believes may be threatened; or (e) to report a crime or other offensive behavior.

Your use of the Platform and Services and your ability to access your Blackthorn Account or communicate with other players is governed by the End User License Agreement (the “EULA”), Community Guidelines, and those in-game policies Blackthorn may from time to time deploy or enforce at its sole and exclusive discretion. The Community Guidelines and EULA are not meant to be exhaustive. The Community Guidelines and EULA are incorporated into this Agreement by this reference as provided herein.

### License

We retain exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to: (1) our Platform and all tools and applications therein, including but not limited to the CDN, Game launcher, downloading services, and transaction services; and (2) Games and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Platform or Games. We prohibit the copying, reproduction, and circumvention of technology of our Platform or Games beyond the terms of this license. The Blackthorn Platform, our Games and any technology embodied therein are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Platform, Services and Games is contingent upon your compliance with this Agreement and the License Terms set forth below.

### License Terms

If you accept and comply with the terms of this Agreement, Blackthorn will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth below, as follows:

* You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.
* You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
* You may not transfer your rights and obligations to use the Platform.
* If we make our Games available for purchase in a physical format through retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Blackthorn does not recognize any purported transfer of the Games.

In all such cases and for any rights granted herein by Blackthorn, the following limitations apply:

* You represent that you are an adult in your country of residence, or you at least thirteen (13) if you reside in the United States. You agree to this End User License Agreement on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you (however, please review our Privacy Policy if you are a parent or guardian prior to allowing any child to play our Games);
* Except as otherwise set forth under this license, you may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Platform, Services, or Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Platform, Services or Game.  All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Platform, Services or Game;
* You must comply with the Community Guidelines set forth above. Failure to comply with the Community Guidelines will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to Blackthorn or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
* Absent a valid distribution Agreement between you and Blackthorn, you may not commercially exploit or otherwise make the Platform or Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Platform or stand-alone Game products. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
* You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Platform, Services, or in-Game experience;
* You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Platform, Services or Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
* You may not modify or cause to be modified any files that are a part of the Platform, Services or Game in any way not expressly authorized by us;
* You may not provide or develop matchmaking services for the Platform or Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
* You may not facilitate, create or maintain any unauthorized connection to the Platform, Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us;
* You may not violate any applicable law or regulation in connection with your use of the Platform, Services, or Game; and disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM OR GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

### Modding

We may make available, or have others make available, modding tools, engine tools, or other routines and operations allowing for player modification of the Game (herein the “Software Development Kit” or “SDK”). These tools are considered proprietary assets of the Platform and are in and of themselves subject to the same licensing restrictions set forth in this Agreement, provided the following: Players may use the SDK or other modding tools made available by us or authorized by us solely for the purpose of creating non-commercial modifications to and derivative works of the Game. Unless otherwise provided in this EULA, you may use the SDK and modding tools for non-commercial purposes, and solely to develop modifications to the Game compatible with the lawfully purchased and licensed original source engine of the Game (“Mod”), or to create derivative works of the Game’s content (such as new levels, in-game items, skins, and audio-visual inclusions) that are also solely compatible with a legally purchased and licensed version of the original Game (“Derivative Works”). Except as otherwise set forth in this License, you may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to licensed end users of the Game. Any distribution of either Mods or Derivative works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game-you may only distribute the object code of the Mods or Derivative Works. It is understood that Mods or Derivative Works of the Game may only be distributed on a non-commercial basis, and in no event are you authorized to commercialize the same absent Blackthorn’s express written consent.

### User Comments and Feedback

Our Community offers various opportunities to interact and share your opinions and thoughts with us and other End Users in Game or via our forum, social media pages, Discord, through the Game’s Steam page and other online storefronts, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by Blackthorn’s employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (in Game or via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Blackthorn.

We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.

You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.

We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Blackthorn, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.

### User Generated Content

We encourage our End Users to create and share your mods, fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also encourage streaming and recording your gameplay and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”.

We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant Blackthorn an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.

However, User Generated Content shared with the Community must comply with these Community Guidelines and our End User License Agreement. Failure to comply with any of the terms contained therein may result in the cancellation of your Blackthorn account and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to you herein.

As our latest game, “Legends of Aria”, includes chat functionality, it is important that you comply with our Community Rules and Restrictions when linking or sharing any User Generated Content. The Privacy Policy is also important in connection with User Generated Content, as we may collect, store, and share your User Generated Content pursuant to that policy.

### Infringing Content

To the extent possible under International Law, Blackthorn is not liable for any copyright infringement arising from any User Generated Content shared with the Community or through our Games or Website. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.

The above information should be provided to our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing [[1]].

If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:

1. Your physical or electronic signature;
2. Your name, address, and phone number;
3. Identification of the material and its location before it was removed;
4. A statement under penalty of perjury that the material was removed by mistake or misidentification;
5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. Your consent to accept service of process from the party who submitted the takedown notice.

### In Game Purchases

Virtual Goods. You may purchase virtual items and, if available, virtual currency through the Games and/or Platform marketplace if you have a valid, active Account (the “Virtual Storefront”). The Virtual Storefront allows you to pay for a license of various in-game virtual items through the Service. The Virtual Storefront is provided through our Platform and Website, and you may make purchase, access, and make use of our virtual goods through “cash” (fiat currency) purchase, by submitting a pre-paid code through the Site, or through gameplay and your use of the Service. Blackthorn has the right to, and may limit the amount of virtual items you can purchase or that you can maintain in your Blackthorn Account at any given time. We may also provide you with virtual items as a part of a promotion, or through other means, such as for completing certain quests or achievements through your participation in the Service or Blackthorn-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition or use of, or access to virtual items. You are solely responsible for verifying that the correct amount and type of virtual items that have been added to or deducted from your Blackthorn Account for each virtual good transaction. ALL PURCHASES ARE FINAL, and Blackthorn does not provide refunds for virtual good transactions. Notwithstanding the foregoing, you may contact Blackthorn to apply an in game credit or to cure any material deficiencies in the Game Asset(s), provided you are able to verify that the Game Asset(s) purchased through your Blackthorn Account were not delivered, accessible, or otherwise unavailable due to a bug or error in the Game Asset(s) or the Game itself, and provided such deficiency is caused by Blackthorn.

Game Assets; Prohibition on Out of Service Exchange. You hereby acknowledge and agree that you have no claim, right, title, proprietary or ownership interest in any of the virtual goods, virtual currencies or other in game asset or purchase (“Game Asset(s)”) regardless of any consideration offered or paid in exchange for those game assets; and Blackthorn shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage or loss of any kind caused to any of the Game Assets, including, but not limited to, deletion of game assets upon the termination or expiration of your account.

You may obtain certain Game Assets through gameplay or through using virtual items. Some Game Assets you obtain may have expiration dates, and they will no longer appear in your Blackthorn Account upon the expiration date. You acknowledge and agree that Blackthorn may change, modify, “nerf,” delete, remove or otherwise alter the appearance, function, use and/or properties of any Game Assets at any time, in its sole discretion.

You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Game Assets, except that you may trade certain in-game items (e.g., houses, armor, weapons, consumables) for other in-game items and/or in-game currency in an in-game transaction expressly permitted by Blackthorn (e.g., an authorized transaction using an in-game auction house or Blackthorn-sanctioned in-game item trade between Blackthorn Account holders). For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Game Assets (whether or not held by Blackthorn Accounts registered to you) outside of the Service, through a website, or any other medium, or exchanging Game Assets, whether inside or outside the Service, for anything of value outside the Service or in the real world.

Blackthorn Account Termination (No Refunds). Blackthorn reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account and/or Game Assets (including, without limitation, virtual items, housing, characters and guild halls) or access thereto if we suspect, after investigation, that you have used any aspect of the Service to conduct any fraudulent or illegal activity. It is important to note that in no event will you be entitled to a refund in any event of account termination or deactivation, regardless of the reason.

No Account Transfers/Sales. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances.

Fees and Payment Processing. Our Game may be purchased through multiple channels such as Steam or through our Website, but Game Assets may only be purchased through our Website or Game(s). Additionally, all in-game purchases, including but not limited to Virtual Storefront purchases, will be payable through our payment processing and item delivery system. You agree to pay all fees and applicable taxes incurred by you or anyone using a Blackthorn Account you registered. Blackthorn may revise the pricing for its Games and all in-game purchases at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or services or products by, Blackthorn, your Blackthorn Account may be suspended or closed without warning or notice at the sole discretion of Blackthorn.

### Third Party Software

Blackthorn relies on third party licensors and software in connection with providing the Platform and Games. By way of example, but by no means a limitation of the foregoing, Blackthorn has integrated Easy Anti-Cheat, offered by Epic Games, Inc., to provide cheat prevention services for our Games (“AC Software”). Except to the extent required for your operation and use of the Platform and Games, you may not: (i) use, copy, reproduce, integrate, distribute, display, perform, adapt, enhance, modify, alter, create derivative works of, or otherwise exploit the AC Software; (ii) decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code (or the underlying ideas, algorithms, structure, or organization) of the AC Software; or (iii) assign, sublicense, or otherwise transfer the AC Software. You are prohibited from any effort to reverse engineer or otherwise circumvent any rights related technology in the AC Software, and you are further prohibited from offering the AC Software as a stand-alone product.

Any attempt to circumvent, modify, or alter the AC Software in connection with the Platform or Games will result in the immediate termination of your Account, and Blackthorn preserves any and all other legal rights and claims, including but not limited claims by third party licensors.

### Ownership and Independent Origin

All characters, events, and portrayals contained in the Platform, Services and Game(s) are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remains with its respective owners.

### Website

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

* Limit or exclude our or your liability for death or personal injury resulting from negligence;
* Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
* Limit any of our or your liabilities in any way that is not permitted under applicable law; or
* Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

### Trademarks

The Blackthorn trademarks (“Blackthorn Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable Blackthorn policy associated with that activity specifically references your right to use the Blackthorn Marks pursuant to this policy. For instance, the fan site, community eSports tournament and custom maps policies all permit the use of Blackthorn Marks pursuant to this policy.

* You may use the Blackthorn Marks only for non-commercial purposes, except as permitted by the applicable policy.
* The Blackthorn Marks may only be used in connection with high quality materials (e.g., websites, custom maps, etc.).
* Use the appropriate trademark symbol (™, ®) listed below the first time that a Blackthorn Mark appears in your material (e.g. “Blackthorn Studios™”).
* You should provide credit to Blackthorn by using the credit lines associated with the Blackthorn Marks that you use (see below).

Do Not:

* Alter a Blackthorn logo other than to adjust the overall size of the logo;
* Modify or alter a Blackthorn Mark or logo or use them in a way that confuses Blackthorn or its games with another brand, game, or game developer/publisher.
* Use a Blackthorn Mark in a plural or possessive form;
* Use a Blackthorn Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
* Use a Blackthorn Mark in conjunction with your name or any other trademark or trade name, e.g. “BonBon’s Legends of Aria”.
* You may not use the Blackthorn Marks in a way that is deceptive, harmful, obscene or disparaging to others.
* You may not present or feature a Blackthorn Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities.
* Use a Blackthorn Mark in the domain name of your website’s URL;
* Apply for trademark registration of a product, service, etc., with a name that includes a Blackthorn Mark or, any variation thereof;
* Use a Blackthorn Mark in a manner that, in Blackthorn’s sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; and
* Use a Blackthorn Mark in any manner than implies a relationship with, sponsorship, or endorsement by Blackthorn, unless otherwise authorized by Blackthorn in writing.

### DISCLAIMER

ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE PLATFORM, SERVICES OR GAME AND RELATED SOFTWARE THEREIN, ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

### NO WARRANTIES

Blackthorn AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE PLATFORM, SERVICES OR GAMES. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE PLATFORM OR GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAMES.

### LIMITATION OF LIABILITY

YOUR USE AND PURCHASE OF THE PLATFORM AND GAMES IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE PLATFORM OR GAMES. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR YOUR USE OF THE PLATFORM OR GAMES.

### Term and Termination

Term. This Agreement is effective upon your creation of a Blackthorn Account, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that Blackthorn chooses to cease providing the Services, or license to a third party the right to provide the Services, Blackthorn shall provide you with no less than thirty (30) days’ prior notice. Neither the Services nor Blackthorn’s agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of Blackthorn’s servers or other technology.

Termination. You are entitled to terminate this Agreement at any time by notifying Blackthorn by email at Contact Us.

Blackthorn reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Blackthorn Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Blackthorn may provide you with a prior warning and/or suspend your use of the Blackthorn Account due to your non-compliance prior to terminating the Agreement or modifying or deleting a Blackthorn Account.

In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Blackthorn Account prior to any termination of this Agreement.  In addition, you will not be able to use the Services.

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Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.

Embargos. Neither the Game nor Services may be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Assignment. Blackthorn may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Blackthorn’s prior written consent. Your assignment of this Agreement without Blackthorn’s prior written consent shall be void.

No Waiver. Blackthorn’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Blackthorn may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

Force Majeure. Blackthorn shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of God, disturbances in the Force, alien lifeform (e.g., Borg) invasion, any pandemic bacterial or viral infections leading to the reanimation of expired human remains, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond Blackthorn’s control.

Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

Entire Agreement. This EULA, along with Blackthorn’s other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

Survival. All provisions reasonably necessary to preserve any and all rights and available claims by Blackthorn survive termination of this Agreement for any reason.