Terms of Service

Last Modified: September 15th, 2020

These terms of service (the “Terms”) set out the terms and conditions by which Skymarch Entertainment offers you access to use and enjoy our games, apps, websites and other services.
 

Please read these Terms carefully and pay particular attention to these items:
 

• Refund Policy. You lose the right to change your mind, cancel the order and get a refund if you get immediate access to or download your digital content. There are some exceptions to this rule, but we have a strict policy on refunds.
   

• User Rules. You agree to follow our User Rules. These rules govern both in-game behaviour and certain out-of-game conduct while using our services.
   

ATTENTION PARENTS

We provide game rating info on our website about age appropriateness. We encourage you to supervise your child’s online activities, review the content they are accessing and, as appropriate, monitor their social interactions. For more info on game ratings and content descriptors, please check your local rating system.
 

1. YOUR ACCOUNT

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1. Am I eligible to create an account to use Skymarch Services?
 
- You must either be an adult or have permission from your parents or legal guardian.
 

To create an account and use Skymarch Entertainment Services, you must: (i) be an adult; (ii) be an emancipated minor; or (iii) have valid parent or legal guardian consent to be bound by these Terms. If you’re not an adult or emancipated minor or don’t understand this section, please talk to your parents or legal guardian and ask for help. If you are the parent or legal guardian of a minor who creates an account with us, you and the minor accept and agree to be bound by these Terms. You are also responsible for all use of the account and compliance with these Terms by the minor, including all purchases made on the account. You may not create or use an account or use any of Skymarch Services on behalf of any other person or other legal entity or for a commercial purpose.
 

1.2. Do I need to provide my real name?

- Yes, always supply us with factually accurate and complete information.
 

1.3. I have many different email accounts. Does it matter which one I use to register my account?
 

- Yes, to be able to see our emails in case we contact you.

We send account, legal and service-related notices to the email address registered to your account. These notifications may be really important (e.g., a notification that we intend to terminate your account for inactivity) so you must keep the email address associated with your account current and (if we ask) verified.
 

1.4. Can I share or sell my account or login credentials? 

- No, when you create an account with us:
 

• You can’t share your account or Login Credentials with anyone.

• You can’t sell, transfer or allow any other person to access your account or Login Credentials, or offer to do so.

• You must keep your Login Credentials private.
   

Notify us immediately if you become aware of any breach of security, including any unauthorized account access or any loss, theft or unauthorized use or disclosure of your Login Credentials or payment info so we can take appropriate steps. You are responsible for all losses (including the loss or use of Virtual Content) on your account where you have shared your Login Credentials or have failed to keep your account or Login Credentials secure.
 

2. ACCOUNT TERMINATION

2.1. How can my account be suspended or terminated? 

- If you break the rules, or any of the following options can be enforced depending on severity:
 

• You may terminate or suspend your account at any time by contacting us at support@skymarch-entertainment.com
   

• Skymarch may terminate or suspend your account without notice to you if we reasonably determine, that:
   

• You have breached any part of these Terms (including the User Rules);
   

• Doing so would be in the best interests of our community or the Skymarch Services or is required for upholding a third party’s rights;
   

• We have stopped offering the Skymarch Services in your region (though we’ll normally post an advance notice on our website, app or game if we plan to stop offering a material core feature of a game or all of the Skymarch Services in your region);
   

• You have failed to pay any fees you owe us (except in cases of our gross negligence or willful misconduct) or we have to refund someone due to unauthorized use of a payment made from your account; or
  You have (or we have reasonable grounds for suspecting that you have) made unauthorized use of someone else’s payment info.
   

We can make such determinations, with the assistance of automated systems and machine learning tools or by using other methods that we think are appropriate. If you think that we have made a mistake, please Contact Us with details and we will review your case, though we may suspend your account during our review. You can also challenge our determinations.
 

2.2. Will Skymarch maintain my account forever, even if I stop using it? 

- If you abandon your account for a very long period of time, we may terminate it after giving you notice and an opportunity to re-activate it.
 

If you do not use your account for a prolonged period of time, we reserve the right to take measures against your account, including suspension or termination. If we plan to take measures against your account based on a prolonged period of inactivity, we will let you know first (e.g., by email to the email address registered to your account) and give you ample opportunity to avoid such measures (e.g., deletion of your account).
 

2.3. What happens if Skymarch terminates my account? 

- You will be unable to play and you will lose access to any purchases including Game Currency and Virtual Goods.
 

If your account is terminated, you’ll no longer have access to your account, including any of the associated data or Virtual Content (including Game Currency) (though this does not limit or affect any rights you have under data or consumer protection laws). Where we terminate for a legitimate reason (e.g. where you have breached these Terms):
 

• You’ll not be entitled to any refunds and we’ll have no liability to you; and
   

• We also reserve the right to terminate any other accounts you may have created, as well as your access to any other Skymarch Services (also without any refunds or liability to you).
   

You understand and agree that using Skymarch Services comes with the risk that your account may be terminated or suspended in accordance with these Terms and that, whenever you use Skymarch Services, you’ll bear this risk in mind and always conduct yourself appropriately.
 

3. LIMITED LICENSE
3.1. What can I do with Skymarch Services? 
- You can enjoy Skymarch Services for your own, non-commercial use.

We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy Skymarch Services (and any Virtual Content) for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. If we terminate your account, any license granted by us to you in the Skymarch Services and any Virtual Content ends immediately. Unless otherwise expressly authorized by us in a signed written contract, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of the Skymarch Services or any of Skymarch Entertainment’s intellectual property, including any of our computer code or Virtual Content.
 

3.2. Can I do anything with Skymarch's intellectual property?
 
- We reserve all the rights to our IP but do allow for non-commercial uses, such as fan art.
 

We (and our licensors) own and reserve all rights, title and interest in and to Skymarch Services, and all data and content posted, generated, provided or otherwise made available in or through the Skymarch Services, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialogue, catchphrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in-game currency, audio-visual effects, character likenesses, methods of operation and gameplay (collectively, “Game Content”). For clarity, Game Content includes Virtual Content. You can’t create any work of authorship based on the Game Content or Skymarch Services except as expressly permitted by us. For more info about what fan uses we currently permit.
 

You also agree that unless we grant you a license, in a written contract signed by us, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Skymarch Services, or use of Skymarch Services not in accordance with these Terms, is expressly prohibited and may result in severe civil and/or criminal penalties.
 

4. VIRTUAL GOODS, GAME CURRENCY AND PURCHASES
4.1. What is Virtual Content? 
- Virtual content includes game currency and virtual goods, such as hero skins, emotes, emojis, etc.

When using the Skymarch Services, we may provide you with opportunities to acquire a limited license to access virtual goods, such as champions, skins, emotes, etc., (“Virtual Goods”) and in-game currency (“Game Currency”), associated with your account (collectively, “Virtual Content”).
 

Game Currency may only be used for the specific game for which it was purchased unless we say otherwise at the time of purchase.
 

4.2. How do I get a “license” to access Virtual Content?
 

- Buy it, earn or receive it in-game.

We may provide you with various opportunities to acquire a limited license to access Game Currency or Virtual Content, including:
 

• Purchasing it (e.g., with a credit card);

• Earning it (e.g., by accomplishing game missions or tasks); or

• Receiving it (e.g., from another player as a gift or using crafting functionality).

4.3. Do I “own” the Virtual Content I unlock? 

- No. What you “unlock” is not the virtual good itself, but rather, a non-transferable limited license to access it.
 

You have no ownership or other property interest in any of the Virtual Content you unlock, regardless of how you acquired access to it. Virtual Content has no monetary value. You can’t transfer (unless we allow it in the functionality of the Skymarch Services) or redeem Virtual Content for any type of “real world” money. You can’t obtain any refunds for purchasing a license to access Virtual Content, except as expressly permitted by us. You can find our current content refund policy. When you obtain Virtual Content from us, what we are actually giving you is a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use that Virtual Content only in connection with your use of the applicable Skymarch Services.
 

Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you shall have no ownership or other property interest in your account and that all rights in and to your account are and shall forever be owned by and inure to the benefit of Skymarch Entertainment. You further acknowledge and agree that you have no title, ownership, or other proprietary interest in any Virtual Content, regardless of any consideration offered or paid in exchange. Furthermore, except in cases of willful misconduct or gross negligence, or to the extent, these Terms say otherwise, Skymarch Entertainment shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Virtual Content, including the deletion of Virtual Content upon the termination or expiration of your account or our reasonable changes to the Skymarch Services.
 

4.4. Will my Virtual Content always be available? 
 

- Not necessarily, in an effort to constantly improve Skymarch Services, improve our games and keep Skymarch Services, safe, fun, and secure, we have the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Game Content, including Virtual Content, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, your Virtual Goods may (and likely will) evolve over time to improve Skymarch Services or for regulatory or legal reasons. If we decide to entirely retire certain Virtual Goods that you recently purchased, we will provide you with a replacement.

We won’t delete your Game Currency without notice (such as through posts on our website, app or game) unless your account is terminated by us for a legitimate reason or by you under Section 2.1.1. We may sometimes change the purchasing power of Game Currency (for example, we might increase the number of Game Currency needed to purchase Virtual Goods, such as skins). We normally only do this in incremental steps but we’ll give you notice (such as through posts on our website, app or game) if we plan to make changes that will significantly impact your Game Currency in a negative way. We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Game Content or Virtual Content attributed to your account. If we allow the sale or transfer of your right to access certain Game Content or Virtual Content, it may only be conducted via services approved or provided by us, if any.
 

5. TAXES & FEES
5.1. Is everything about the Skymarch Services free?

- No, some aspects of the Skymarch Services may require you to pay a fee, and you agree that you’ll provide accurate and complete payment info to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred on your account. We may revise the pricing for any part of the Skymarch Services at any time. This can impact on the purchasing power of your Game Currency, though we normally only do this in incremental steps. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on our websites, apps or in our games. Except in cases of our gross negligence or willful misconduct, if you fail to pay any fees you owe to us or we have to refund someone due to unauthorized use of a payment made from your account, we may suspend or terminate your account. See "Account Termination" for more info.
 

Subject to applicable law, any applicable fees and other charges for fee-based services (including Game Currency) are payable in advance and aren’t refundable in whole or in part except as expressly provided in these Terms. Except in cases of Skymarch’s gross negligence, or willful misconduct or to the extent these Terms say otherwise, you’re fully liable for all charges to your account, including any unauthorized charges.
 

5.2. What are my responsibilities relating to Game Currency? 
 

- Pay applicable taxes; verify that all transactions with us are correct.
 

You’re solely responsible for paying any applicable taxes related to acquiring, using, or accessing Game Currency. Game Currency may be sold or issued by us in bundles and the price may vary depending on the amount you purchase and where you’re purchasing. As we feel it necessary, in our reasonable discretion (or as prescribed by law), we may limit the total amount of Game Currency that may be purchased for any one game or that may be held in your account in the aggregate. Additionally, the price and availability of Game Currency and Virtual Goods are subject to change. We may restrict how much Game Currency you can purchase and/or use based on your location as we have different approaches in different locations.
 

You should verify that the proper amount of Game Currency has been added to or deducted from your account during any given transaction. Please notify us immediately if you believe that a mistake has been made with respect to your Game Currency balance. We’ll investigate your claim, and in doing so, may request some additional info to verify it.
 

6. UNSOLICITED IDEA SUBMISSION POLICY
6.1. Can I submit ideas for improving the Game to Skymarch? 
- If you do we’ll have the absolute right to use it infinitely.

We value your feedback on the Skymarch Services, but please don’t submit any creative ideas, suggestions or materials to us (collectively, “Unsolicited Ideas”). We may freely use any Unsolicited Ideas you provide. This policy is aimed at avoiding potential misunderstandings or disputes when the Skymarch Services might seem similar to Unsolicited Ideas that people submit. You may not have any legal rights in the Unsolicited Ideas you insist on sending to us, but if you do, we will be allowed to use all or some of your Unsolicited Ideas for any reason we choose and without any payment to you.
 

In legal terms, this means that if you submit Unsolicited Ideas to us, then you grant us a worldwide, perpetual, irrevocable, sublicensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related to them, in any media now known or in the future developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable and you waive and agree never to assert those rights to the maximum extent permitted by the laws of your jurisdiction.
 

7. USER RULES
7.1. Can I troll, flame, threaten or harass people while using Skymarch Services? 

- If you do, we will most likely ban your account - so don't do it.

While using the Skymarch Services, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with the acceptable use and behavioural policies that we publish from time to time on our websites, apps and games and the behavioural rules listed below (collectively the “User Rules”). The User Rules posted to our websites, apps and games or set out in this section are not meant to be exhaustive, and we reserve the right to modify them, as well as take appropriate disciplinary measures including temporary bans, account suspension or termination and deletion to protect the integrity and spirit of the Skymarch Services, regardless of whether a specific behaviour is listed in the User Rules as inappropriate.
 

The following are examples of behaviour that warrant disciplinary measures:
 

• Impersonating any person, business or entity, including an employee of Skymarch Entertainment, or communicating in any way that makes it appear that the communication originates from Skymarch Entertainment;
   

• Publicly posting identifying info about yourself, Skymarch Entertainment employees, or other players;
   

• Harassing, stalking or threatening other players or Skymarch Entertainment employees;
   

• Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Skymarch Entertainment contained within the Skymarch Services. You also may not transmit content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
   

• Transmitting or communicating any content which we reasonably believe to be offensive to players, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
   

• Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal info;
   

• Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Skymarch Entertainment or any third party to protect the Skymarch Services;
   

• Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;
   

• Participating in any action which we reasonably believe does or may defraud any other player, including by scamming or social engineering;
   

• Using any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Skymarch Services in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Skymarch Services and any unauthorized third-party programs that collect info about the Skymarch Services by reading areas of memory used by the Skymarch Services to store info;
   

• Accessing or attempting to access areas of the Skymarch Services that are not made available to the public;
   

• Selecting an account or user name that is falsely indicative of an association with Skymarch Entertainment, contains personally identifying info, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on name choices, like user names. Skymarch Entertainment may modify any name which Skymarch Entertainment reasonably believes violates this provision, without notification to you, and may take further disciplinary measures, including Account termination for repeated violations;
   

• Non-participation, logging out or exiting a game during live game-play. Skymarch Entertainment may track this data over time and issue a temporary ban when a player is determined to have left mid-game too many times. The length of the temporary ban will increase over time if a particular account continues to leave live gameplay;
   

• Playing on another person’s account or otherwise engaging in activity intended to “boost” an account’s status or rank;
   

• Inducing or encouraging others to breach the User Rules or these Terms; or
   

• Using the Skymarch Services for any business purpose without our express written consent or after we’ve asked you to stop using the Skymarch Services.

8. USER GENERATED CONTENT
8.1. Am I responsible for the content that I post on/in the Skymarch Services? 
- Yes, and we can ultimately use what you post so keep that in mind before posting anything.

Apart from Unsolicited Ideas (which we address separately, in Section 6, above), you’re also responsible for any other communications, user names, images, sounds, or other material and info that you create, upload, use or transmit with or through the Skymarch Services (“Your Content”).
 

You should upload or transmit Your Content only if you agree that:
 

• You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sublicensable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, and import Your Content, including, all copyrights, publicity rights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related to them, for the purpose of providing the Skymarch Services without any compensation to you;
   

• You waive any moral rights you may have in Your Content with respect to our use of Your Content to the maximum extent permitted by the laws of your jurisdiction. If local laws do not allow for the waiver of moral rights, instead you grant Skymarch Entertainment the right to use Your Content and all elements of Your Content with or without your name or pseudonym, as well as to freely edit Your Content.
   

• You represent, warrant and agree that none of Your Content will be subject to any obligation, whether, of confidentiality, attribution or otherwise, on the part of Skymarch Entertainment and Skymarch Entertainment won’t be liable for any use or disclosure of Your Content.
   

• You further represent, warrant and agree that Your Content shall not violate any third-party rights.

9. MONITORING
9.1. Does Skymarch monitor me while using Skymarch Services? 

- We may actively monitor the use of the Skymarch Services (but have no obligation to do so), both on our own servers and on your computer or device, for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behaviour, and improving the Skymarch Services. Please be sure to read our Privacy Notice for important details about how we obtain and process info in connection with your use of the Skymarch Services.