Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Trinity Fusion ("we," "us," or "our") governing your access to and use of our websites, games, applications, products, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

You must be at least 13 years old to use our Services. If you are under 18, you must have your parent or guardian's permission to use our Services, and they must agree to these Terms on your behalf.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through our Services or by other means to give you a reasonable opportunity to review the changes before they become effective.

Your continued use of our Services after the changes have been made will constitute your acceptance of the changes. If you do not agree to the changes, you must stop using our Services.

User Accounts

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding the password and other credentials used to access your account and for any activities or actions under your account. You must notify us immediately of any unauthorized use of your account.

We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Account Termination

You may terminate your account at any time by following the instructions on our Website or by contacting us. We reserve the right to suspend or terminate your account if you violate these Terms.

Purchases

Our Services may include the opportunity to purchase or license digital content, games, subscriptions, or other products.

Pricing and Payment

All prices are shown in the applicable currency and do not include taxes, which may be added at checkout. You agree to pay all charges at the prices then in effect for your purchases.

We use third-party payment processors and your use of their services is subject to their terms of service and privacy policies.

Digital Content Licenses

When you purchase digital content (such as games, in-game items, or digital assets), you receive a limited, non-exclusive, non-transferable, non-sublicensable license to access and use that content for your personal, non-commercial use, subject to these Terms.

Refunds

Our refund policy varies depending on the type of purchase and platform. Please see our Refund Policy for details or contact our support team.

Subscriptions

For subscription-based Services, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. You can manage and cancel your subscriptions through your account settings or by contacting us.

Intellectual Property

Our Intellectual Property

Our Services and all content, features, and functionality thereof (including but not limited to all games, information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Trinity Fusion, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

User Content

You retain any rights you may have in content that you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.

You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above to us and our affiliates and service providers.

Copyright Infringement

If you believe that any content on our Services infringes your copyright, please send a notice of copyright infringement to the contact information provided below. We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion.

User Conduct

You agree not to:

• Use our Services in any way that violates any applicable law or regulation
• Use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors
• Send, transmit, or upload any material that is defamatory, obscene, indecent, offensive, or otherwise objectionable
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services
• Attack our Services via a denial-of-service attack or a distributed denial-of-service attack
• Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services
• Use our Services to send unsolicited or unauthorized advertising or promotional material
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which may harm us or users of our Services

Cheating and Exploits

You must not:

• Develop, use, or distribute any third-party software designed to gain an advantage in any of our games
• Exploit bugs, undocumented features, or game design in our Services
• Buy, sell, or trade in-game items, currencies, or accounts outside of our authorized channels

We reserve the right to determine what conduct we consider to be in violation of the rules of play or otherwise outside the intent or spirit of these Terms or detrimental to our Services or other users. If you engage in such activities, we may take action against your account, up to and including termination.

Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRINITY FUSION NOR ANY PERSON ASSOCIATED WITH TRINITY FUSION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL TRINITY FUSION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in accordance with the American Arbitration Association Rules in force on the date when the notice of arbitration is submitted.

The seat of the arbitration shall be Seattle, Washington. The arbitral proceedings shall be conducted in English.

Class Action Waiver

YOU AND TRINITY FUSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Trinity Fusion regarding our Services.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

Contact Us

If you have any questions about these Terms, please contact us at:

Trinity Fusion
123 Indie Game Lane
Seattle, WA 98101
United States

Email: [email protected]