Last updated: December 12, 2020
Please read these terms and conditions carefully before using Our Service.
INTERPRETATIONS AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Thunder Dungeon Inc. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18 or the age of majority in your jurisdiction or residence (whichever is greater); or, if you are between the ages of 13 and the age of majority, you must have the consent of your parent or legal guardian to use the Service. The Company does not permit those under 13 to use the Service.
MODIFICATIONS OF TERMS
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Use of Material
Your right to use Thunder Dungeon Inc. and the Service, as well as any Material or content appearing on it, is subject to your compliance with these Terms. All Material is provided to you as is. Modification or use of the Material or other content on the Service for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.
You may access and display Material and all other content from the Service for non-commercial, personal, entertainment use on a single computer or device only and may not otherwise copy, reproduce, republish, upload, post, transmit, distribute or use it in any way unless specifically authorized by Thunder Dungeon Inc. If Thunder Dungeon Inc. does authorize you to copy any Material or any part of the Websites, that authorization is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole, or in part) on such software, is prohibited.
You understand that, when using the Service you will be exposed to Material from a variety of sources, and that Thunder Dungeon Inc. is not responsible for the accuracy, timeliness, usefulness, or intellectual property rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against Thunder Dungeon Inc. with respect thereto.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
The Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Thunder Dungeon Inc. may place any and all advertising and promotions on the Service or on, about, around, incorporated into, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You shall be solely responsible for your own Content and Submissions and the consequences of posting or publishing them. In connection with Submissions and all Content used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Further, you authorize and license to Thunder Dungeon Inc. to use all IP Rights and all Personal Rights in and to any and all Submissions to enable publication and use of the Content in the manner contemplated by the Service and these Terms.
Your License to Thunder Dungeon Inc.
For clarity, you retain all of your ownership or licensed rights in your Content. However, by submitting Content to Thunder Dungeon Inc., without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
The above licenses granted by you terminate within a reasonable time after your Content is removed or deleted from the Service, if so removed or deleted.
No Violation of Third Party Rights.
In connection with Submissions and your Content, you further agree you will not submit any Content that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Thunder Dungeon Inc., all of the licenses granted herein.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at [email protected] Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
USE OF MATERIALS
By accessing or downloading any CONTENT accessed through the Service, you agree that you do not claim any rights to it. The following conditions apply:
EXTERNAL LINKS & THIRD PARTY SERVICES
The Service may contain links to or the ability to share information with third party websites and services (“Third Parties”), including through features that allow you to share Content to an account on an external service, such as, but not limited to, Facebook, Instagram, and Twitter. By allowing access to these Third Parties, Thunder Dungeon does not endorse any use of any Third Parties, nor does it endorse any content hosting by or linked through Third Parties. All Third Party services and any associated content is understood by the user to be created, hosted, and developed by parties not connected to Thunder Dungeon in any way. You should contact the site administrator for any Third Parties encountered if you have any concerns about usage or policy. Thunder Dungeon is not responsible any Third party, and does not make any representations regarding the materials derived from or accuracy of anything appearing on a Third Party. If a user chooses to access any Third Party, make use or interact with any Third Party content, or purchase or subscribe to any good or service on a Third Party, even when access of said Third Party came originally through the Service, the user understands that this is done at their own risk and holds Thunder Dungeon harmless from any damages. You agree that Thunder Dungeon will have no liability to you arising from your use, engagement, exposure to or interaction with any Third Parties.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
TERMINATION OF USE
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
You may delete your account from the Service at any time. If you choose to delete your account, all of your information will be removed from the Service and our servers.
To delete your account, the following email must be sent directly to [email protected] FROM THE ACCOUNT’S ASSOCIATED EMAIL ADDRESS ONLY.
Subject Line: Account Deletion Request
Information in Email Body:
– Username associated with the account
– password associated with the account
– reason for deletion
Requests for account deletion will only be accepted from the email associated with the account. You agree that access to the associated email account represents access to the account on the Service. If that is the case, AND the information and password in the body of the email matches the account information, the request will be processed. In some cases, at Thunder Dungeon’s discretion, a follow-up email will be provided before or after the request is processed.
If your profile is deleted, Thunder Dungeon retains the right to delete or to continue to use, in its sole discretion, your Content submissions already on the Service.
USER PAYMENT POLICY
Payments made to users under the Dungeon Monetization Program are done only via secure online services such as Transferwise. We are unable to award payments through any other means, including but not limited to cash or cheques.
LIMITATION OF LIABILITY
In no event shall Thunder Dungeon Inc., its subsidiaries, affiliated entities, officers, directors, members, employees, or agents, be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Service or the material, information, software, facilities, services or other content on the Service, regardless of the basis upon which liability is claimed (i.e., warranty, contract, or tort), and even if Thunder Dungeon Inc. has been advised of the possibility of such loss or damage. Without limitation, you (and not Thunder Dungeon Inc.) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
You, specifically, acknowledge that Thunder Dungeon Inc. shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree that in the event you incur any damages, losses or injuries that arise out of Thunder Dungeon Inc.’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by Thunder Dungeon Inc., and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, or other content owned or controlled by Thunder Dungeon Inc.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to the Service and use of their content remains with you. You agree to defend, indemnify, and hold Thunder Dungeon Inc., its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Service, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
You agree that the Service shall be deemed solely based in Ontario, Canada. The Service shall be deemed passive, and that does not give rise to personal jurisdiction over Thunder Dungeon Inc., either specific or general, in jurisdictions other than Ontario Canada. These Terms will be governed by the internal substantive laws of the Province of Ontario Canada, without respect to any conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Service will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Ontario, Canada, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Thunder Dungeon Inc.’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Thunder Dungeon Inc. without restriction.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
You and Thunder Dungeon Inc. agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]