Terms of Use - 05/29/2017

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  1. BeNjO

    BeNjO Administrator Staff Member Administrator Moderator

    This Agreement ("Agreement") is made by and between Life Forge ("LF"), Life Forge Team (LFT), Skywyre Entertainment and the Participant ("Participant" and/or "You") who wishes to use Life Forge.

    By accepting this Agreement, the Participant agrees to it in its entirety, effective immediately.

    Skywyre Entertainment owns the software and the system, identified as the Life Forge ("System").

    In consideration of the promises set forth herein, the parties hereto agree as follows:

    05/29/2017 - Terms of Use

    Life Forge is an online virtual environment consisting of a number of virtual Worldly systems (“Life Forge Servers”) where each one is created by or in collaboration with Skywyre Entertainment.

    As a newcomer You will be introduced to Life Forge via a starting area ("Tutorial Area"). The Life Forge Starting Area allows You to explore some of the basic features of Life Forge but will not allow You full access to the Service. Once You have left the Life Forge Starting Area You cannot return there, but You will continue to the Life Forge main world.

    The condition for Your access to the Life Forge Starting Area and thereafter on one or several Life Forge Worlds is that You have a registered and approved Life Forge Account. In order to apply for an Life Forge Account You must accept the following Life Forge Account Terms of Use ("ToU" or "Agreement").

    Please notice that some of the terms in the paragraphs below will not apply on Your participation in the Life Forge Starting Area and will come into force once you enter the full Service via an Life Forge World, as applicable.

    These ToU is an agreement between You (also known as "Participant"), who wish to register an Life Forge Account and Skywyre Entertainment (“Skywyre Entertainment” including its subsidiaries and affiliates), the developer, owner and provider of the Life Forge.

    1. Age Requirements

    If You are under the age of 18 please note -

    To qualify as an Life Forge Participant, You must be at least 13 years old. If You are not 13 years old but You are at least 10 years old, You may still apply for an Life Forge Account, but only with approval of Your parent or guardian.

    2. Description of the Service

    2.1. Life Forge Account

    You can only join the Life Forge World by creating an Life Forge Account that is uniquely associated with Your participation (“Account”). When applying for an Life Forge Account You will be asked to fill in a simple form (see below under paragraph 3.1 Account Application and Registration).

    To complete the Account registration process, You have to choose a password ("Password") and a username ("Username") (together referred to as “Login Details”), which, subject to Skywyre Entertainment’s approval, will provide You with an access to the Life Forge Account that You have registered.

    An approved Account (see below under paragraph 3.1 Account Application and Registration) will allow You to log into the Life Forge World(s). Here, You will be able to interact and exchange Virtual Items with other Participants and/or Non-Participant Character (a.k.a. NPC).

    Within the Life Forge You will appear as an "Character", a virtual persona/alter-ego. Your use of the Life Forge Account and all Your activities within Life Forge through the Account are regulated by this ToU and related Policies.

    2.2 Minimum System Requirements

    You hereby acknowledge that You may not be able to successfully utilize all features of the Life Forge if Your system does not comply with the minimum requirements for the Life Forge System.

    2.3. Cooling-off period

    By completing the registration process as above, You give Your consent to Skywyre Entertainment to begin performing the services available through Life Forge during the cooling-off period applicable to consumers according to the Consumer Protection (distance contracts and home sales) Act. You consent to that Skywyre Entertainment begins processing the registration during the ongoing cooling-off period meaning that Your cooling-off right, according to the act referred above in this paragraph is inapplicable.

    3. Your Registered Account

    3.1. Account Application and Registration


    Please notice that different Account registration requirements may apply to different features of the service.

    In order to register an Life Forge Account to enter the Life Forge Starting Area, You must provide “Login Details”.

    To deposit funds into Life Forge (as described in paragraph 7), You must provide Skywyre Entertainment with current, complete and accurate information. Such information may include, without limitation, details such as Your full name, country of origin and e-mail address, as well as Your home address and telephone number ("Self-Registered Personal Information"). The protection of all of Your Personal Information is regulated under Paragraph 4 (Your Privacy) to this Agreement. You agree that You are responsible to update any of Your Self Registered Personal Information, whenever needed, so that Skywyre Entertainment's records are always correct. Skywyre Entertainment reserves the right to terminate Your Life Forge Account and/or to refuse a deposit (see more in paragraph 7 – Virtual Currency Transfer and Fund Transactions) if You provide false, incomplete or misleading Self-Registered Personal Information.

    Skywyre Entertainment reserves the right to, for any reason and at its sole discretion, refuse approval of an Account application, to refuse access to an Account, to Terminate, Ban or Lock an Account and to remove, edit or add Account information, with or without notice to You.

    3.2 Responsibility for the Confidentiality and Security of Your Login Details and for the use of Your Account

    Your Account and Login Details are uniquely associated with Your participation in Life Forge and use of the Life Forge System. You are solely responsible for preserving the confidentiality of Your Login Details, and for restricting access to Your Account and to the computer from which You access the Account. Skywyre Entertainment never asks You to provide us with the Login Details.

    You agree to accept personal liability for all actions that occur through Your Account or through the use of Your Login Details, whether done by You or by someone else using Your Account and/or Login Details. You must notify Skywyre Entertainment immediately if You suspect a breach of security or unauthorised use of Your Account and/or Your Login Details. You agree to hold Skywyre Entertainment free from liability for any improper or illegal use of Your Account. This includes illegal or improper use by someone to whom You have given permission to use Your Account. The terms of this agreement shall extend to anyone else using Your Account.

    If You should happen to wilfully or otherwise reveal Your Login Details, You have relinquished Your right to any assistance regarding the possible outcomes or consequences of Your actions. Your Account may be Banned and/or Terminated if You let someone else use it inappropriately or not in compliance with this paragraph 3.

    4. Privacy Protection

    Skywyre Entertainment respects Your right to anonymity in the Life Forge and intends to keep all Self Registered Personal Information confidential, and to handle such information with accordance to Skywyre Entertainment’s

    Privacy Policy.

    Skywyre Entertainment keeps records of Your Self-Registered Personal Information as well as certain automatically collected information, such as IP address and some information about Your hardware and related drivers ("Automatically-Registered Personal Information"). “Self Registered Personal Information” and “Automatically-Registered Personal Information” are hereafter collectively referred to as “Personal Information”.

    Your Personal Information is collected for the following purposes: (i) to provide a better service, (ii) for accounting purposes and financial reporting of the economic activities available via Life Forge, (iii) for the purposes of identity verification, detection and counteraction of fraud and Agreements violations, and (iv) in order to balance the load on the Life Forge. By Your usage of the Life Forge and therewith consenting to this Agreement and Skywyre Entertainment’s Privacy Policy, and by providing Skywyre Entertainment and/or Skywyre Entertainment's Partners with Your Personal Information, You hereby consent to and approve of the collection, processing and recording of Your Personal Information, its transmission to Skywyre Entertainment's Partners and its use in compliance with Skywyre Entertainment’s Privacy Policy.

    In any event that Skywyre Entertainment is requested by the proper authorities and/or other entities seeking legal remedy against You with connection to a violation made by You or alleged to have been made by Your participation in the Life Forge, Skywyre Entertainment may share all information regarding You and Your use of the Life Forge, including, but not limited to, Personal Information.

    5. Account Inactivity, Account Ban and Account Termination

    5.1. Definitions

    The following terms referred to in this paragraph will have the following meaning:

    Terminated Account (or “Account Termination”) means that the Account is purged and that You will no longer be able to retrieve its contents or to re-activate it to access Life Forge. Purging the Account means that, when applicable, all skills will be deleted, any deeds will be transferred back to Skywyre Entertainment and/or Skywyre Entertainment's Partner and the virtual objects on the Account will be exchanged for their default Market value. The aggregated value will be added to the balance on the Character connected to Your Account for You to trade off as you wish. Any pending transactions involving a Terminated Account will be revoked.

    Locked Account (or “Account Lock down”) means that the Account is temporarily not accessible due to Your own request.

    Banned Account (or “Account Banning”) means that the Account is under investigation due to a suspected violation of the EULA, ToU and/or Rules of Conduct, or that the Account user was deemed to have violated one of the said agreements. This may be temporary for short or long periods, on Skywyre Entertainment's and/or Skywyre Entertainment's Partner sole and absolute discretion.

    5.2. Locked Account

    Please note that if Your Account has been Locked You are still obliged to comply with the EULA and the ToU Agreement in their relevant parts.

    5.3. Inactivated Account
    You acknowledge and agree that Your Life Forge Account will be deemed inactive if it has not been logged into for a period of ninety (90) consecutive days.


    5.4. Terminated Account
    You acknowledge and agree that your Life Forge Account will be deemed to have been abandoned by You and consequently automatically Terminated if it has not been accessed for a period of three hundred and sixty-five (365) consecutive days (i.e. 275 days after an account becomes inactive as described in section 5.3 above).

    You also agree to assign Skywyre Entertainment and/or Skywyre Entertainment's Partners all rights in Your Terminated Life Forge Account according to the procedures established in this paragraph 5. You hereby discharge Skywyre Entertainment, any of Skywyre Entertainment's Partners and their respective officers, directors and employees, from and against any and all claims, demands, liabilities, costs, and expenses to You arising out of, or relating to, Your Terminated Life Forge Account.

    In the event that Your Account is Terminated and if applicable, no refund will be granted as set out above. Any delinquent or unresolved issues relating to former participation in the Life Forge must be resolved before Skywyre Entertainment will permit You to register a new Account.


    5.5. Banned Account

    If Your Life Forge Account has been temporarily Banned, Skywyre Entertainment and/or Skywyre Entertainment's Partner may, at their sole discretion and upon verification of Your identity or fulfillment of other conditions, reactivate Your Account.

    You hereby expressly acknowledge that if Skywyre Entertainment and/or Skywyre Entertainment's Partner decide not to reactivate Your Account, it will eventually be Terminated, with or without Your right to transfer any remaining items or currency, on Skywyre Entertainment's and/or Skywyre Entertainment's Partner sole and absolute discretion.

    6. Transactions with Virtual and Real Life Items

    The terms in this paragraph 6 do not apply to Your participation within the Life Forge Starting Area.

    6.1. Transactions between Characters

    The Life Forge provides You with trading administration services (the Shop Systems services, Character Direct Trade System services etc) that enables You to carry out secure transactions with others, in which participating parts can exchange Virtual Items (the "Approved Transaction").

    Please notice that transactions concerning payment for Virtual Items, including Platinum, outside Life Forge often involve fraudulent activities. You acknowledge that any transaction regarding Virtual Items, including Platinum, carried out using any service or system other than one of Skywyre Entertainment’s Approved Transaction systems is at Your own risk. Skywyre Entertainment reserves the right to take any reasonably necessary measures for the purpose of preventing and acting against frauds and non-Approved Transactions, including, but not limited to, making a reservation against a suspected Transaction, and Banning and/or Terminating a directly or indirectly involved Account, if Skywyre Entertainment determines that the transaction was not performed in compliance to this Agreement.

    Skywyre Entertainment acknowledges the responsibility to maintain records on all transactions with Virtual Items via Skywyre Entertainment's Approved Transaction systems. You agree that Skywyre Entertainment's transaction records shall be conclusive proof of the transaction carried out via Your Account.

    You acknowledge Your responsibility to keep track of any and all transactions with Virtual Items involving Your Account. Skywyre Entertainment accepts no responsibility for misplaced or misused Virtual Items in any incidence, regardless of reason.

    6.2. Transactions with Real World Items

    'Third Party Items' means Virtual Items, which are to be created, produced, sold, delivered and warranted by a third party towards the Participant.

    Skywyre Entertainment is not involved in any way in the actual transaction between the Third Party and Participant.

    The Participant acknowledges that Skywyre Entertainment does not and cannot have direct nor indirect control over:

    6.3 Third Party's information, including, without limitation, to business information, item information and transaction information (such as, but not limited to, terms, rights, price, product description, methods of payment, delivery and warranty).

    6.4 Third Party's materials including, without limitation, to their quality, safety, legality; eligibility or accuracy.

    6.5 The effectiveness, adequacy or enforce-ability of transferred rights to Third Party materials.

    6.6 The ability of Third Party to complete a transaction, including, but not limited to, order, transport and warranty;

    6.7 Whether Third Party will complete a transaction.

    The Participant assumes any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with Third Party's items, including, but not limited to, completing transactions, default, negligence, unauthorised use of Participant's account and password and other Participants acting under false identity.

    6.8. Indemnities

    The Participant acknowledges that Skywyre Entertainment is not a part to any possible future disputes between Third Party and the Participant. Resolution of any dispute is the full and sole responsibility of the involved parties and Skywyre Entertainment will not act as a mediator between them. The Participant releases Skywyre Entertainment, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.

    The provisions of this paragraph shall survive any termination of this Agreement, in whole or in part, for any reason whatsoever.

    6.9. No Warranties

    Skywyre Entertainment expressly disclaims all warranties with regard to Third Party items or service, including, but not limited to, merchant ability, non-infringement and fitness for a particular purpose.

    The Participant further agrees that he/she shall have no claim or cause of action against Skywyre Entertainment involving any transaction with Third Party items. Any and all such claim will be directed to Third Party.

    6.10. Limitation of Liability

    In no event shall Skywyre Entertainment, nor Skywyre Entertainment’s employee, agent or representative, be liable for any direct or indirect damages arising from or related to a transaction with Third Party items. In no event whatsoever shall the liability of Skywyre Entertainment, Skywyre Entertainment’s employee, agent or representative, to Participant or any third party exceed the fee paid to Skywyre Entertainment for its service in the particular transaction with Third Party items.

    BY PURSUING FURTHER THIS TRANSACTION YOU REPRESENT THAT YOU HAVE A FULL POWER TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HERE UNDER.

    YOU FURTHER AGREE TO RELEASE SKYWYRE ENTERTAINMENT FOR ANY RESPONSIBILITY DERIVATIVE FROM THIS TRANSACTION AND ACCEPT THIRD PARTY'S TERMS FOR THE TRANSACTION.

    7. Virtual Currency Transfers and Fund Transactions

    The terms in this paragraph 7 do not apply to Your participation within the Life Forge Starting Area.

    The Life Forge incorporates an Inventory System connected to each Account, through which Skywyre Entertainment administers the funds You transfer to the Life Forge (the “Inventory”).

    You may use Skywyre Entertainment’s approved and secured fund transfer methods to increase by deposits balance on Your Character. The deposited funds are converted by Skywyre Entertainment to Platinum that may be used by You as virtual currency in the Life Forge. If You choose to deposit funds to Life Forge You hereby agree to any costs and fees involved in all fund transfers.

    You acknowledge that Skywyre Entertainment may refuse, halt, and/or ask You to verify Your identity as condition to deposit if:

    Skywyre Entertainment is unable to verify or authenticate any or some of the Self-Registered Information You provide; or

    You did not provide Skywyre Entertainment with the full and comprehensive information needed to complete a deposit; or

    Skywyre Entertainment is obliged by law or regulations to do so; or

    it is suspected that the deposit may involve fraudulent and/or other unlawful activity.

    Skywyre Entertainment acknowledges the responsibility to maintain records of finance for all funds transactions in connection with Your use of the Life Forge. You agree that Skywyre Entertainment's transaction records shall be conclusive proof of the transaction carried out to or from Your Character.

    Skywyre Entertainment may provide You with a fund transfer statement, showing Your deposits for the last 12 months (under the Account Section). Notwithstanding the forgoing, You acknowledge Your responsibility to keep track of any transactions with virtual currency within the Life Forge to or from Your Character. Skywyre Entertainment accepts no responsibility for funds and/or Platinum misplaced or misused in any incidence, regardless of reason.

    8. Skywyre Entertainment’s Rules of Conduct

    AS A PARTICIPANT IN THE VIRTUAL UNIVERSE OF THE LIFE FORGE YOU ARE REQUIRED TO ABIDE THE GENERAL COMMUNITY PRINCIPLES AND RESPECT THE FEELINGS AND RIGHTS OF OTHER PARTICIPANTS TO USE LIFE FORGE. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THESE RULES.

    Please note that additional rules and policies may apply to Life Forge.

    THE LIFE FORGE RULES OF CONDUCT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING REGULATIONS:

    a. You cannot impersonate any member of the Life forge staff, or fellow Participants.You cannot impersonate being a Life forge staff member, employee, or claim having association with Life Forge if you don't really are/have one. You cannot create any society that would indicate such links.

    b. You cannot threaten, harass, cause grief or distress to any Life forge staff in or outside the virtual universe, including, but not limited to, IRC channels or public web forums.

    c. You cannot interfere with any other Participant's ability to enjoy Life Forge according to its rules.

    d. You cannot harass, threaten and cause grief or distress to another Participant in Life Forge.

    e. You are forbidden to 'spam' and/or 'flood' the communication system or abuse functions in Life Forge to cause effects not intended.

    f. You cannot use sexually explicit or offensive language. You cannot post or communicate any defamatory content.

    g. You cannot create virtual universe avatars hosting an explicit, racist, hateful, degrading, religious, sexual or other form of offensive alias.

    h. You cannot use Life Forge to commit any illegal action and/or infringe any local, national or international laws intentionally or unintentionally.

    i. You cannot use hateful language towards another Participant's gender, race, sexual orientation, intelligence, or religion.

    j. You are not allowed to create societies that are based on any sexist, racist, degrading or hateful philosophy directed towards real life companies, persons or organisations.

    k. You cannot engage in or communicate about any illegal activities, including pirated material, narcotics or contraband.

    l. You cannot use the official Life Forge site and/or virtual environment to supply the means of access to illegal software or materials.

    m. You must report errors and bugs to Life Forge Staff whenever you discover them. Neglecting to report errors or bugs, or using bugs, slow connection, Internet latency, or 'exploits' for own benefits may result in a termination of your Account, including its Virtual Items, funds, and abilities.

    n. You cannot spread any rumours about the Life Forge staff, Life Forge or Partners, that can be considered potentially damaging, using Life Forge, IRC or any other public forums in any media now known or not currently known, including but not limited to a web space.

    o. You cannot post or convey any Life Forge Participant's Personal Data and/or Account information, including, but not limited to, login info, in, on or outside Life Forge.

    p. Software that can be used to gain an unfair advantage in our games may not be used. This includes automation tools, bots, or auto-typers.

    p.1 Any game-specific, third-party software that encourages contradiction of the previous statement are also regarded as detrimental to Life Forge and should not be used.
    You are solely responsible for any information that You publish and/or provide to Skywyre Entertainment or to another Life Forge Participant in any communication medium, in or outside Life Forge, including without limitation, in public message forum, bulletin boards and IRC (chats). Regarding communication forums available in Life Forge, for example the “Participant Content System”, the “Global Ad System” and chat windows, You acknowledge that Skywyre Entertainment operates as a passive conduit for Your information and communications.

    q. Any Trading Virtual Items that were generated from fraudulent card transactions or any other fraudulent activities, including, but not limited to, bug or exploit abuse, can and will be removed at Skywyre Entertainment's discretion without notice.
    Skywyre Entertainment reserves the right to modify these Rules of Conduct any time.

    r. Unlawfully misusing the charge back process and claiming refund for Virtual Items that have already been disposed and spent in Life Forge. This means that any of the following claims will be considered fraud if made after you have obtained any Virtual Items with any means of payment: a) you falsely claim that you did not authorise the transaction; or b) you falsely claim that you do not know what the charge is for; or c) you falsely claim that your card information was stolen; or d) any other false claim you make connected to the transaction made with your payment method.

    YOU HEREBY ACKNOWLEDGE THESE RULES AND AGREE TO ABIDE BY THEM. YOU ALSO AGREE THAT YOU ARE RESPONSIBLE FOR YOUR REGISTERED LIFE FORGE ACCOUNT AND THESE SAME RULES APPLY TO ANYBODY YOU ALLOW TO USE YOUR ACCOUNT. All and any behaviour, utterance or action in the Life Forge or in any of Skywyre Entertainment’s forum or website that Skywyre Entertainment, at it sole and absolute discretion, FIND TO be a violation of the Rules of Conduct could result in the Account being Banned or Terminated WITHOUT ANY CLAIMS WHATSOEVER.

    9. SKYWYRE ENTERTAINMENT'S LIMITATION OF LIABILITY

    Skywyre Entertainment provides the Life Forge, a virtual universe where You are free to choose the course of the action You wish to pursue.

    SKYWYRE ENTERTAINMENT, ITS EMPLOYEES, OFFICERS AND DIRECTORS, ITS AFFILIATES AND SUBSIDIERIES SHALL, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE, OR ECONOMIC LOSS, INCLUDING WITHOUT LIMITATION ATTORNEY FEES, LOST OF GOODWILL OR HARDWARE DAMAGES, ARISING FROM THE USE OF LIFE FORGE OR IN CONNECTION WITH YOUR TRANSMISSION OR USE OF ANY CONTENT USING LIFE FORGE.

    YOU ACKNOWLEDGE THAT , TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, SKYWYRE ENTERTAINMENT SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, CHARACTER, SKILLS AND/OR VIRTUAL ITEMS AND/OR CURRENCIES, FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SERVER FAILURE, INTERRUPTIONS OR CESSATION OF TRANSMISSION, INTERNET LATENCY, VIRUSES, BUGS, TROJAN HORSES AND THE LIKE, SOFTWARE AND/OR HARDWARE DEFECTS OR ERRORS, UNAUTHORISED USE OF THE LIFE FORGE SYSTEM OR SERVERS, USE OF CONTENT SUBMITTED TO THE LIFE FORGE, AND THE USE OF LIFE FORGE IN GENERAL.

    You acknowledge that Skywyre Entertainment will not be liable for any damages or loss caused by failure to perform any term or condition of this Agreement due to conditions beyond Skywyre Entertainment’s reasonable control such as, but not limited to, war, terror attack, strikes, fires, floods, acts of God, governmental or authority restrictions, power failures, or damage or destruction of any network facilities or servers.

    Skywyre Entertainment reserves the right to interrupt the services available via Life Forge and/or the operation of the Life Forge System with or without prior notice for any reason. You agree that Skywyre Entertainment will not be liable for any loss or damage caused by interruption of the Life Forge, delay or failure to perform.

    SKYWYRE ENTERTAINMENT'S LIABILITY TOWARDS YOU SHALL, IF ACKNOWLEDGED, IN EACH INCIDENCE BE LIMITED TO NO MORE THAN THE TOTAL AMOUNT TRANSFERRED INTO THE INVOLVED ACCOUNT BY SAID PARTICIPANT UNDER THREE MONTHS PERIOD PRIOR TO THE INCIDENT.

    Skywyre Entertainment does not endorse any Participant Content or any opinion, recommendation, or advice expressed therein, and Skywyre Entertainment expressly disclaims any and all liability in connection with Participant Content (see furtherer terms for Participant Content in EULA Paragraph 4 and Skywyre Entertainment’s Participant Content Policy.

    SKYWYRE ENTERTAINMENT EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE LIFE FORGE. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES. YOU FURTHER AGREE THAT THE SPECIAL 'THIRD PARTY'S ITEMS PURCHASE AGREEMENT' TERMS (THAT YOU ACCEPT IN THE CASE OF MAKING A THIRD PARTY ITEM PURCHASE) WILL APPLY AS A COMPLEMENT TO THIS AGREEMENT FOR ANY TRANSACTIONS OR COMMUNICATIONS BETWEEN YOU AND THE THIRD PARTY.

    10. Indemification

    You agree to indemnify, defend, and hold Skywyre Entertainment and its officers, employees, subsidiaries and affiliates harmless from and against, any losses suffered, incurred, or caused by You or by third party to the extent resulting from, arising out of, or relating to, any claim:

    that You are unlawfully using the Life Forge and/or Your Life Forge Account, and/or;
    that You are non–compliant with any applicable law, regulations, agreement or other legal obligation, and/or;
    that Your Participant Content is infringing upon the proprietary or other rights of any third party.
    Notwithstanding anything else in this Agreement for the avoidance of doubt, in case of Termination of your Account you acknowledge and agree to Skywyre Entertainment’s right to set off any claim for any loss sustained against the remaining Platinum value of Your Account or any other refund obligation it might have under this Agreement

    11. Breach Agreement

    Without limiting Skywyre Entertainment's legal remedies, if You fail to comply with the restrictions and limitations of this Agreement or the agreements it incorporates by reference, Skywyre Entertainment may immediately terminate this Agreement, with or without prior notice to You.

    You also agree that Skywyre Entertainment has the right to lock Your Life Forge Account in case of suspected Agreement violation during the period of investigation of the said violation.

    Termination of this agreement on this ground may also result in Termination or Ban of Your Life Forge Account and termination of the EULA agreement. If Your Account was Terminated for any reason, Skywyre Entertainment is under no obligation to allow You to register a new Life Forge Account in the future.

    12. Equitable Relief

    You recognize and acknowledge that any breach of or threat to breach this Agreement by You may cause Skywyre Entertainment irreparable harm for which monetary damages may be inadequate. You agree, therefore, that Skywyre Entertainment shall be entitled to an injunction, without posting bond or undertaking and without proof of actual damages, to restrain You from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing Skywyre Entertainment from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.

    13. Terms of Agreement

    13.1. Term

    This ToU is effective until terminated by You or by Skywyre Entertainment.

    Please note that if Your Account has been Locked or Banned according to Paragraph 5 above (Account Inactivity, Account Ban and Account Termination) You are still obliged to comply with this Agreement in its relevant parts.

    If any provision of this Agreement shall be void or unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions of this Agreement.

    13.2. Termination of the ToU

    Skywyre Entertainment may terminate this Agreement upon notice to You. Such expiration may be made for any reason, and may be for one or more Participants.

    Skywyre Entertainment reserves the right, pursuant to the conditions set forth in Paragraph 11 (Breach of the Agreement), to terminate this Agreement at Skywyre Entertainment's sole discretion, if You fail to comply with the terms of this Agreement.

    You acknowledge that a direct effect of termination of the EULA agreement, by either party and for any reason, will be the immediate termination of this ToU.

    If You wish to end this Agreement at any time, You can do so by filing a request for Account Termination through the Life Forge Forum. Skywyre Entertainment reserves the right to collect fees, surcharges or costs incurred before You terminate this Agreement. In addition, You are responsible for any charges incurred to third-party vendors or content providers prior to Your termination.

    All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on proprietary rights, warranty disclaimers, liability and remedy limitations.

    14. No Assignment

    You may not assign this Agreement or transfer Your Life Forge Account to anyone, except to the extent expressly permitted by this Agreement or if obtaining a prior written consent from Skywyre Entertainment. Notwithstanding the foregoing, Your Life Forge Account will be disposable by Your legal successors by inheritance subject to terms and limitations, as applicable by Skywyre Entertainment from time to time. Any attempt to transfer, give or grant Your Life Forge Account in breach of this ToU will be null and void. Skywyre Entertainment may assign or transfer any of its rights or obligations under this Agreement to any other company, firm or person without any limitations.

    15. Headings

    Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

    16. Forum and Governing Law

    16.1. Forum

    You agree that all disputes under this Agreement shall be settled by a Canadian court in the city of Edmonton. Notwithstanding the exclusive jurisdiction of a Canadian court as stipulated above, You acknowledge Skywyre Entertainment’s right to apply for injunctive and/or other equitable relief in any court of competent jurisdiction.

    16.2. Governing Law

    This Agreement is to be governed by, construed and enforced according to the laws of Canada. You agree that any future dispute that might arise between You and Skywyre Entertainment is to be governed by the laws of Canada, without regards to any principles of conflicts of laws and the United Nations convention on contracts for the International Sale of Goods.

    17. Additional Terms

    Additional terms and conditions are incorporated into this agreement by the following documents:

    a. Skywyre Entertainment’s Privacy Policy

    b. General Real World Items Agreement

    c. End User License Agreement

    d. Skywyre Entertainment’s Participant Content Policy

    e. Third Party Item’s Purchase Agreement

    f. Life Forge Interconnect Services – Terms and conditions (T&C)

    g. Voice Communication Service - Terms of Use

    18. Final Agreement

    18.1. Final Agreement

    This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.

    18.2. Skywyre Entertainment’s Right to Change the Agreement

    By accepting this Agreement and applying for an Life Forge Account You agree that Skywyre Entertainment may, at any time, update, revise or change this Agreement if Skywyre Entertainment reasonably consider it necessary to do so and upon prior notice to You as follows:

    Currently applicable Agreement is always posted on the Life Forge website http://www.lifeforgerpg.com/index.php?threads/eula-24-02-2017.11/. You should periodically check the website for such changes. If Skywyre Entertainment makes material changes or revisions to this Agreement, Skywyre Entertainment will endeavour to provide You with a notice, via the Life Forge Development Logs, in connection with a release subsequent to the change. The Development Logs are published on the Life Forge website http://lifeforgerpg.com/index.php?forums/development-logs.5/.

    Your use of Your Life Forge Account and continued participation in the Life Forge after notification of changes means that You have accepted the changes. If You do not want to accept the changes proposed by Skywyre Entertainment or any of the terms in this Agreement, Your only remedy is to end this Agreement and Terminate Your Account and cease using the Life Forge.

    18.3. Conflict between different language versions of this Agreement

    You acknowledge and agree that in the event of any inconsistency or conflict between the English version of this Agreement or any part or stipulation thereof, and another language version of this Agreement or any part or stipulation thereof, the English version of this Agreement shall prevail.



    I hereby certify that I have read, understood and agree to the ToU. I acknowledge that by running Life Forge or registering an approved Account I hereby entering an obliging agreement with Skywyre Entertainment.
     
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