Last Updated: December, 2019
1. Account Subscription.
a. Registration. While some elements of the Websites may be accessible to the public, certain aspects of the Services (e.g., creating a profile, subscribing to online services, posting in forums, or participating in oonline games) may require that you register an account. To register an account, you will be asked to provide your date of birth and country/region, and then provide an email address, a user name, and a password. To gain access to other Services (e.g., invitations to special events, promotions, and prize payments), you may be asked to provide your full name, address, city, state, and country. 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 CFG.
2. Use of Websites and Services.
b. Restrictions. You agree not to engage in any of the following:
- use any means including, without limitation, agents, robots, scripts, or spiders to access, monitor, data scrape, link or frame to content, images or artwork (except as expressly authorized by CFG), or copy or transfer any part of the Websites or Services (including, without limitation, any Registration Data);
- probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services;
- reverse look-up, trace or seek to trace any Registration Data in any way and for any reason;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or Services;
- use any device, software, or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Services, or with any other person's use of the Websites or Services;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services;
- impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity;
- use the Websites or Services in an illegal manner or for any unlawful purpose;
- or violate any applicable rules, policies, guidelines, or fan kit policies.
3. Fees and Payments.
CFG uses third-party payment providers (e.g., PayPal and Stripe) to authenticate payment when you purchase our products and applicable Services. CFG does not directly process payments, but rather works with its third party partners. When you purchase games or products from our Websites, you are interacting with CFG and our third party partners. Please read the terms and conditions and privacy policies of applicable third party partners to understand their terms and conditions.
You may provide a card to be kept on file for automatic renewal of subscription services or for use as a default payment type. Card details are maintained through our third-party provider (Stripe) and are never hosted on CFG servers. By providing a card to be kept on file and enabling auto renewal, you are granting CFG permission to initiate a payment or a series of payments on your behalf. The frequency and amount of payments depends on your active subscription plan.
3.1 Subscription Services
CFG provides subscription services to its users for ad-free use, private or exclusive content, and enhanced user services. Subscription plans include a free tier as well as multiple levels of paid tiers. All registered users are subscribed to the free tier upon registration, unless you choose to purchase a paid subscription plan. You may change your subscription plan at any time by logging into your account and visiting your account details page or by visiting the subscriptions page.
Paid Subscriptions - Paid subscription plans are pre-paid for their duration which means your card is charged at the beginning of the subscription period. When you purchase a subscription you will be asked to provide a valid credit card which will be charged immediately as per the subscription plan. Your subscription will then be active for the duration of the subscription plan. If you choose to have your subscription to automatically renew, your card will be kept on file with our payment provider and charged again when your current subscription plan expires. You may change your subscription plan or disable auto-renewal at any time by logging into your account and visiting your account details page (see Upgrading a Subscription Plan and Downgrading a Subscription Plan below).
Upgrading a Subscription Plan - When you upgrade from one subscription tier to a higher level tier, you will be asked to provide a valid credit card. If you have an active paid subscription, the the cost of the new plan will be prorated for any time remaining on your current plan. The prorated cost of the new plan will be charged to your card immediately. If your subscription is set to automatically renew, it will be renewed for the full price of the new subscription plan at the end of the plan's duration.
Downgrading a Subscription Plan - Subscription plans are prepaid for the plan duration and downgrading a subscription plan takes effect at the end of the current subscription period. Your current subscription will remain active until its expiration date (e.g. if you have paid for a yearly tier 4 subscription and downgrade to tier 1 after 6 months, you will continue to have tier 4 access for the remaining 6 months). If you downgrade to another paid subscription plan and your subscription is set to automatically renew, it will then be renewed for the price and duration of the new plan. If you downgrade to a free tier or disable automatic renewal, then your subscription will be changed to the free tier at the end of the current plan period.
Cancelling a Subscription - All registered users are "subscribed" to the free tier unless they have selected to purchase a paid tier subscription. If you choose to cancel your subscription but maintain your user account, your subscription plan will be downgraded to the free tier (see Downgrading a Subscription Plan above). To completely cancel a subscription you must delete your user account, which can be done by logging in and visiting your account details page. If you delete your account, any remaining paid subscription time is lost and will not be refunded.
4. Links to Other Sites.
The Websites and Services may contain links to third party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third party websites or the conduct of the operators of such third party websites, and we do not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third party websites. We encourage you to exercise discretion while browsing the Internet and other websites. If you decide to access linked third party websites, you do so at your own risk.
5. User Content.
As part of your use of the Services, you may be able to create, include, refer to, transfer, upload, stream, display, host, promote, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our Websites or Services (collectively, your “User Content”). By posting or submitting any User Content to or through the Websites or Services, you hereby irrevocably grant to CFG a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction.
6. Intellectual Property Ownership; Rights Granted to You.
The Websites and Services (including all CFG generated content residing thereon) are the sole property of CFG, and are protected by copyright, trademark, and other intellectual property laws (“CFG Intellectual Property”). You are granted a limited, revocable, non-sub-licensable right to access and use CFG Intellectual Property solely in connection with your personal and non-commercial use of the Websites and Services. Any use of CFG Intellectual Property other than as specifically authorized by CFG is strictly prohibited and will terminate the rights granted herein. All goodwill generated by your use of CFG trademarks shall automatically inure to the benefit of CFG.
7. Privacy Notice.
8. No Warranties.
CRYSTAL FORGE GAMES PROVIDES THE WEBSITES, THE SERVICES, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION “AS IS.” CFG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of our Websites, Services, or your account. Nor do we ensure that defects in any portion of the same will be corrected. CFG may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at its sole discretion. CFG does not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Sites including, without limitation, information contained in the public postings areas of the Websites or Service and information provided or statements made by a celebrity, “expert,” or similar guests and, therefore, CFG specifically disclaims any liability resulting therefrom. You acknowledge that the Websites and the Services have not been developed to meet your individual requirements. CFG disclaims suitability of the Websites and Services for any purpose. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
9. Limitation on Liability; Indemnification.
10. Unsolicited Submission Policy.
NEITHER CRYSTAL FORGE GAMES NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED MATERIALS PROVIDED TO CFG REGARDING THE SITES, THE SITE CONTENT, CFG, OR THE PRODUCTS AND SERVICES OF CFG, INCLUDING WITHOUT LIMITATION QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, PLANS, NOTES, DRAWINGS OR OTHER ARTWORK, DEMOS, PROTOTYPES, SAMPLES, ORIGINAL OR CREATIVE MATERIALS, OR SIMILAR INFORMATION (COLLECTIVELY, “SUBMISSIONS”). PLEASE DO NOT SEND ANY SUBMISSIONS TO CFG OR ANYONE AT CFG. IF YOU FAIL TO FOLLOW THIS DIRECTION AND SEND A SUBMISSION TO US, CFG WILL NOT TREAT YOUR SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND MAY DISCLOSE YOUR SUBMISSIONS TO ANY OTHER PERSON OR ENTITY, WHETHER PUBLICLY OR PRIVATELY. WITH RESPECT TO ANY SUCH SUBMISSIONS YOU PROVIDE THAT CFG ACCEPTS INADVERTENTLY OR OTHERWISE CONTRARY TO THE ABOVE POLICY, YOU HEREBY GRANT AN IRREVOCABLE, NONEXCLUSIVE, PERPETUAL, WORLDWIDE, ROYALTY-FREE AND FULLY SUB-LICENSABLE LICENSE TO USE, PRACTICE, MAKE, HAVE MADE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY YOUR SUBMISSIONS AND THE INVENTIONS EMBODIED THEREIN FOR ANY COMMERCIAL OR OTHER PURPOSE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.
CFG encourages you and other members of the CFG community to stream your play and other events and interests arising from CFG games and other offerings. However, you must obtain permission from any other person that may appear in your video streams and you must obtain permission from any third party intellectual rights holders. All streams using CFG Intellectual Property must be non-commercial in nature and may not feature or promote competing games or services. You acknowledge and agree that you are solely responsible for all content appearing in your video streams.
13. Forums and Communication Services.
14. Termination; Survival.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to CFG or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CFG to remove any content or information from its Websites which we believe infringes the intellectual property rights of others upon receipt of and proper notification to CFG by the intellectual property owner or the owner's legal agent. If you infringe other people's intellectual property rights, we, at our sole discretion, may also terminate your account.
If you believe that any content appearing on our Websites infringe your intellectual property rights, we want to hear from you. Please forward the following information in writing to the address listed below:
- your name, address, telephone number, and e-mail address;
- a description of the work that you claim has been infringed;
- an explanation about the nature of the infringement (e.g., whether it is a trademark, copyright or other type of infringement of your intellectual property);
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the intellectual property owner or authorized to act on the owner's behalf.
Name and address of agent to receive notification of claimed infringement:
Intellectual Property Agent
Crystal Forge Games, LLC.
74 Hillairy Avenue
Morristown, NJ 07960
E-mail: firstname.lastname@example.org (Only use this email address to report potential copyright and trademark infringement claims. All other email messages will be deleted without response.)
b. Compliance with Law; U.S. Export Controls. You will comply with all applicable laws regarding your installation, copying and use of the Websites and Services and your access to your accounts. Without limiting the foregoing, software available in connection with the Websites and Services may be subject to United States export controls. No feature, function, software or any component thereof may be downloaded from the Sites or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Websites any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.
g. Trademark and Copyright Notification. Unless otherwise indicated, all trademarks appearing on the Websites and Services are the property of Crystal Forge Games, LLC or its parent company Elusive Concepts, LLC. All rights reserved. All artwork, images, text, proprietary software and other copyrightable images are the copyrights to CFG. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license.
h. Force Majeure. CFG shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause such as acts of god, war, pod people, terrorism, riots, the zombie apocalypse, embargoes, acts of civil or military authorities, Plan 9, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Should any portion of this Section be found illegal or unenforceable, you agree that such portion shall be severed and the remainder of this Section shall be given full force and effect.