Terms of Use
Date of last revision: January 17, 2017
Acceptance by Use
By accessing and browsing the 4thwallgames.net, harrowingadventures.net, or harrowingadventures.com domains and any website extensions (collectively, the “4th Wall Games website” or "4WG website") and/or utilizing any of its services, you are accepting these Terms and Conditions of Use (“Terms”) and the Privacy Policy, which is incorporated by reference into the Terms. By accepting these Terms you agree that you’ve read and understood them.
We reserve the right to change these Terms at any time. The date of last revision will be posted at the top of www.4thwallgames.net/termsofuse.html. You are responsible for reading and evaluating the Terms as they are revised.
If you do not agree to the Terms, you are not permitted to browse the 4WG Website and/or utilize any of its services.
General
These Terms and the Privacy Policy apply to all aspects of the 4WG Website, including but not limited to all products, software, content, applications and services offered via the 4WG Website.
By accessing and browsing the 4WG Website, YOU AGREE THAT YOUR USE OF THE 4WG WEBSITE IS AT YOUR OWN RISK. 4WG is not responsible for and does not regularly monitor the 4WG Website. 4WG is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from use and/or access of the 4WG Website. You understand and agree you may be exposed to communications, including but not limited to public posts and posts by 4WG, that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against 4WG with respect to the content.
By accessing and browsing the 4WG Website, you agree to the following:
• You are at least 18 years of age, or an emancipated minor, or have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement, being the Terms.
• You affirm that you are over the age of 13. The 4WG Website is not intended for children 13 and under, and are not permitted use.
• You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming through or to the 4WG Website.
• You will not alter, modify, or change the 4WG Website or any portion of it, including security features, except as expressly permitted by 4WG.
• You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the 4WG Website.
4WG will do its best to maintain the website and release accurate information through it. However, 4WG cannot guarantee the accuracy or completeness of the 4WG Website. 4WG is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the 4WG Website; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the 4WG Website by any third party.
The 4WG Website may contain links to third party websites. 4WG has no control over, and assumes no responsibility for, the content of any third party websites.
4WG has no control over and assumes no responsibility for any product, service or event offered by a third party through the 4WG Website. 4WG recommends using your best judgment and to exercise caution where appropriate.
4WG does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the 4WG Website. 4WG cannot and will not be responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any type of communication on or through the 4WG Website. 4WG will not be a party to or monitor, and assumes no responsibility for, any communication or results of communication between you and a third party, including but not limited to other Players and Organizations. 4WG recommends using your best judgment and to exercise caution where appropriate.
Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such, 4WG shall not assume any responsibility of obligation for the timliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.
Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with al local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country.
c) agree not to use our website network Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Additional Terms
Permissions
Provided you abide by the Terms, 4WG grants you permission to access the 4WG Website for personal use and/or limited commercial use as expressly permitted herein.
Warranty Disclaimer
The 4WG Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, 4WG, its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the 4WG Website and your use thereof.
Limitation of Liability
Under no circumstances, including but not limited to negligence, shall 4WG, its owners, operators, officers, directors, employees or agents, but liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1)Use or inability to use the 4WG Website, including without limitation use of or reliance on information available on this 4WG Website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (2) Errors, mistakes, opinions, or inaccuracies with regard to information available on the 4WG Website; (3) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (4) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (5) Any interruption or cessation of transmission to or from the 4WG Website; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the 4WG Website by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the 4WG Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not 4WG is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that 4WG shall not be liable for CCs, the content of CCs, or the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
The 4WG Website is controlled and offered by 4WG from its facilities in the United States of America. 4WG makes no representations that the 4WG Website is appropriate or available for use in other locations. Those who access or use the 4WG Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnification
You agree to indemnify and hold harmless 4WG and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these Terms and Conditions of Use; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other Player or other third party right, including but not limited to any copyright, trademark, property, or privacy right; (v) any claim that one of your Player Communications or private messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms and Conditions of Use. This indemnification obligation survives these Terms and Conditions of Use and your use of this website.
You hereby release and waive any and all claims, liability, and causes of action against 4WG arising from or in connection with your use of the 4WG Website.
Copyright
4WG graphics, logos, page headers, button icons, scripts,and service names are trademarks, registered trademarks, or trade dress of 4WG or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written consent of 4WG, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits 4WG. All other trademarks not owned by 4WG that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 4WG. Unless otherwise specified, all software used on this site is the property of 4WG or its affiliates and is protected by United States and international copyright laws.
Any other intellectual property, as well as any information and material that appears on the 4WG Website belongs to 4th Wall Games, LLC., unless otherwise specified.
You agree not to copy and/or adapt the code used to generate the 4WG Website and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these Terms, without the express permission of 4WG.
The 4WG Website and all related websites, including those which offer services under its mark, are published and maintained by 4th Wall Games, LLC.
Assignment
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 4WG without restriction.
Governing Law and Venue
The laws of the State of Texas govern all matters arising out of or relating to these Terms and Conditions of Use, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the state and federal courts of the State of Texas for resolving any claim or dispute arising out of or relating to these Terms and Conditions of Use. You agree that: (i) the website shall be deemed solely based in the State of Texas; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over 4WG, either specific or general, in jurisdictions other than the State of Texas.
Entire Agreement
These Terms and Conditions of Use, together with the 4WG Privacy Policy incorporated herein by reference, constitute the entire agreement between you and 4WG with respect to the website, and supersede and replace any other agreement, document, correspondence, negotiation, conversation, or other written or oral understanding between you and 4WG with respect to the subject matter of this agreement.
Severability
If any term or provision of these Terms is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.
Miscellaneous
The captions contained herein are for reference purposes only and are not part of this agreement.
4WG reserves the right to discontinue any aspect of the website at any time.
4WG reserves all rights not expressly granted herein.
You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.
Nothing in the Terms and Conditions of Use shall be deemed to confer any third party rights or benefits.
