End User License Agreement
Last Revised: November 4, 2024

1. General
This Agreement (“EULA” or “Agreement”) constitute the agreement between you and Riftweaver, Inc. d/b/a Tales of Fablecraft (“we”, “us”, “our” or “Tales of Fablecraft” or “Fablecraft”) in connection with your use of our website, desktop software and/or our mobile app (together, the “Platform”) and the services, features, content and applications on the Platform (collectively, the “Services”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Platform are also incorporated into this EULA. Our Privacy Policy can be found here: https://fablecraft.riftweaver.com/img/2024.03.01_RiftweaverPrivacyPolicy.pdf. By visiting or using the Platform, you expressly agree to this EULA, as updated from time to time. If you do not agree with this EULA, please do not access and/or use our Services.
Some of our Services may be offered to you from time to time that are subject to additional terms and conditions, which are incorporated by reference into this EULA. If there is a conflict between this EULA and such other additional terms and conditions, such other additional terms and conditions will govern.
We may make changes to this EULA at any time. Any changes we make will be effective immediately when we post a revised version of this EULA on the Platform. The “Last Revised” date above will tell you when this EULA was last revised. By continuing to use this Platform after that date, you agree to the changes.
2. Age Requirement
The Platform is not intended for children under the age of 13 and no person under the age of 13 may use the Platform. If you use the Platform, you affirm that you are at least 13 years old. If you are over the age of 13 but under the age of 18, your use of our Platform is subject to parental consent requirements. We may refuse to offer our Services to anyone and we may also change our eligibility requirements at any time, in our sole discretion.
3. Term
This EULA will remain in effect for as long as you are using our Services, or until we or you delete your account or remove your access to our Platform, as provided elsewhere in this EULA. All provisions of this EULA which by their nature should survive termination shall survive termination, including but not limited to all licenses of any material, information, notifications, communication between users of the Platform, reviews, articles, photographs, art, logos or other types of communication (hereinafter referred to as “User Content”, “Uploaded Content”, “Created Content”, or “Shared Content”, as applicable) which you may create, upload or share on the Platform, ownership clauses, warranty disclaimers, indemnification and limitations of liability.
4. Account Registration
You will be required to register for an account on our Platform to use certain features of the Platform or sign up for the Services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and login credentials are personal to you. You will be responsible for the confidentiality and use of your username and login credentials, and for all activities (including commercial transactions) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or login credentials or the use by anyone else of your username or login credentials. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or login credentials if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership of your account or your username. We may refuse registration, cancel an account or deny access to the Platform for any reason. Your account will be visible to other users, unless you elect to opt-out. You may delete your account or request that we delete your personal customer data by emailing us at support@riftweaver.com.
5. User Content; Uploaded Content; Third Party Access and Authorization
The Platform may allow you to publish Uploaded Content or Created Content, in each case, as defined below. For purposes of this EULA, “Created Content” includes all modifications, adaptations, or derivative works created by you using the tools, features and editors provided within the Platform and which are based on or incorporate Fablecraft’s existing content, including, without limitation, text, graphics, gameplay elements, skins, player and non-player characters, audio and video elements, environments, objects, items and textures, character names, or other names and phrases associated with or included within the Created Content.
Notwithstanding the foregoing or anything herein to the contrary, we do not claim license to or ownership of, the intellectual property rights in any content you upload or broadcast to the Platform that is not created on the Platform (“Uploaded Content”). Ownership of Uploaded Content remains with the original owner, whether that is you or another individual or entity. You represent and warrant that you have the right to share, publish and upload Uploaded Content to the Platform.
You are liable for any User Content, Created Content, or Uploaded Content (together “Shared Content”) you publish on the Platform. You warrant that all Shared Content posted on the Platform is correct and true (where they state facts) or genuinely held (where they state opinions).
You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of, and commercially exploit any Shared Content. By creating, uploading, or sharing any Shared Content on the Platform, you expressly represent and warrant that you have the right to grant us the foregoing license and that such Shared Content does not infringe or violate the rights of any third party. You agree that Fablecraft may use Shared Content in any manner, including, without limitation, sharing it with advertising or strategic partners, incorporating it into Fablecraft, the Platform, other media, promotional materials, or any future projects, without further notice to you, and any compensation or attribution to you shall be in our sole discretion.
You acknowledge that, to the fullest extent permitted by law, we have no liability of any kind including direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses) should anyone you grant access to your content modify, destroy, corrupt, copy or distribute it, or violate this EULA or other limitations that you may impose on the use of your Shared Content. You assume all risk for using, viewing, or relying on any Shared Content. We make no representation or warranties of any kind, express or implied, regarding the Shared Content, including but not limited to the accuracy, reliability, completeness, or appropriateness of any Shared Content. You hereby release, waive, and discharge us, our affiliates, and our respective officers, directors, employees, agents, successors, and assigns from any and all claims, demands, damages, liabilities, costs, and expenses, whether known or unknown, arising out of or in any way connected with your use of, reliance on, or interaction with any Shared Content.
You warrant in every context that Shared Content is lawful and in compliance with this EULA. If Tales of Fablecraft receives notice or otherwise becomes aware that Shared Content violates any applicable law, legal order or regulation and/or this EULA, we may delete the Shared Content without any notice, and we (depending on the character of the violation) may inform the violated party and/or the authorities of the violation. Our right to delete Shared Content will not be conditioned on an explanation, although we may inform you about the deletion and the reason hereof.
You permit us to access certain information from your third party account(s) for use in connection with our Services and you represent that you are entitled to grant us such access without breach by you of any third party account terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Tales of Fablecraft access to your third party account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your third party account (“Third Party Account Content”) accessible through the Services so that it is available on your account. Unless otherwise specified in this EULA, all Third Party Account Content will be considered your Shared Content for all purposes under this EULA. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT(S), AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY THIRD PARTY ACCOUNT(S) IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNT(S).
6. Safety Guidelines
Safety is paramount to supporting every member of our community. Our aim is to cultivate an environment that empowers users to express themselves while fostering a welcoming space free from illegal, harmful, or negative interactions. To achieve this, we have adopted a comprehensive approach to safety – all users must comply with our Safety Guidelines. These Safety Guidelines delineate permissible conduct across all aspects of our service, including video, audio, chat and accounts. Violations prompt appropriate actions, ranging from content removal to account suspension.
Within Tales of Fablecraft and the Platform, vigilance is a collective effort. Viewers, players and users play pivotal roles in reporting content or behavior (including Shared Content) breaching our guidelines. Reports will undergo review by our team who will evaluate whether behavior violates these Safety Guidelines to ensure an inclusive environment for all.
Self-Destructive Behavior
In Tales of Fablecraft, we handle discussions regarding self-harm or mental health with sensitivity. While recognizing the significance of these dialogues, we prohibit any Shared Content that romanticizes or encourages self-destructive behavior, prioritizing the well-being of all participants.
For instance, we do not permit:

• Glorification or encouragement of self-harm
  
• Advocacy for eating disorders or sharing of content that promotes them, such as endorsing "pro-ana" sentiments or detailing extreme dieting habits
  
• Sharing explicit details of suicide notes or attempts
  
• Engagement in the use of harmful substances unfit for human consumption (e.g., tide pods, bleach)
  
• Misuse of legal substances (e.g., prescription drugs, inhalants)
  
• Practices like cutting or other forms of self-injury
  
• Depiction of consuming alcohol or substances leading to incapacitation
  
• Reckless behaviors like distracted driving or driving under the influence of substances, including smartphone use while driving

If you're struggling personally or know someone who might be a danger to themselves or others, or if there's an immediate risk of suicide, please reach out to a trusted individual, a healthcare professional, a mental health hotline, or local law enforcement for urgent assistance and support.
Violence and Threats
Acts or threats of violence undermine our commitment to fostering a safe, inclusive community. Such behavior is swiftly addressed, with zero tolerance for violence on our Platform.
For example, you may not show or promote:
Attempts or threats to physically harm or kill others
Attempts or threats to hack, dox, DDOS, or SWAT others
Use of weapons to physically threaten, intimidate, harm, or kill others
Encouraging others to participate in acts that may harm others
In exceptional circumstances, we may preemptively suspend accounts when we believe an individual’s use of Tales of Fablecraft and/or the Platform poses a high likelihood of inciting violence. Content or activities that threaten or promote sexual violence or exploitation are strictly prohibited and may be reported to law enforcement. See Adult Sexual Violence for more detail.
Terrorism and Violent Extremism
Tales of Fablecraft stands against terrorism and violent extremism in all forms. Content depicting, glorifying, or inciting such acts is strictly prohibited, safeguarding our community against messages of intolerance.
For example, you may not display or link terrorist or extremist propaganda, including graphic pictures or footage of terrorist or extremist violence, even for the purposes of denouncing such content.
Adult Sexual Violence
Acts of sexual violence and exploitation are unequivocally condemned within Tales of Fablecraft and on the Platform. Any content promoting or threatening such acts results in immediate suspension.
For example, you may not show, promote, or engage in:

• Non-consensual sex acts
  
• Coercing a guest into committing a sex act by threatening them
  
• Touching another person in an intimate manner without their consent
  
• Sharing or threatening to share private sexually explicit content without permission of the person depicted
  
  • Offering revenge porn of another person
    
  • Sharing leaked nude images of another person without their consent
    
  • Creating or sharing doctored or ‘deepfake’ intimate images of an identifiable person

Youth Safety
Tales of Fablecraft prohibits content endangering minors, including child sexual abuse material (CSAM) and related exploitation, with stringent enforcement measures in place.
For example, you may not show, promote, or engage in:

• Sexually explicit content or sexualized images of youth
  
• Sharing links to third-party sites that contain content prohibited by this policy
  
• Content that promotes, encourages, provides instruction to, or admits participation in the sexual exploitation or sexualization of youth
  
• Content that constitutes or facilitates inappropriate interactions with youth, including grooming, purposefully exposing youth to sexually explicit language or sexual material, and engaging in sexual conversations in messages with youth
  
• Content that attempts to exploit youth by coercing money, favors or intimate imagery with threats to expose intimate imagery or information
  
• Content depicting nudity of youth
  
• Identifying alleged victims of CSAM by name or image

Offline Conduct
To maintain a secure environment, severe offline offenses by Tales of Fablecraft members are subject to enforcement actions. Tales of Fablecraft may enforce against certain severe offenses that occur off of the Platform when committed by members of our community. Because we have less context for behaviors that occur offline, we require that evidence of these activities is verifiable before we will take action.
For example, we do not allow individuals or organization who engage offline in:

• Deadly violence and violent extremism
  
• Terrorist activities or recruiting
  
• Explicit and/or credible threats of mass violence (i.e. threats against a group of people, event, or location where people would gather).
  
• Leadership, membership, or sponsorship of a known hate group
  
• Carrying out or deliberately acting as an accomplice to non-consensual sexual activities and/or sexual assault
  
• Sexual exploitation of youth, such as grooming and/or solicitation/distribution of CSAM
  
• Actions that would directly and explicitly compromise the physical safety of the Tales of Fablecraft community
  
• Explicit and/or credible threats against Tales of Fablecraft, including Tales of Fablecraft staff
  
• Harmful misinformation actors that are persistent misinformation spreaders
  
• Doxxing: Sharing personally identifiable information with malicious intent
  
• Swatting: Deliberately submitting false reports to emergency services to have police break into another person’s address

Unauthorized Sharing of Private Information
Respecting privacy is fundamental. Tales of Fablecraft prohibits the unauthorized sharing of sensitive information, protecting users from distress and potential harm.
For example, you may not:

• Share personally identifiable information (PII), such as looking up a user’s leaked address and sharing it in chat
  
• Share restricted or protected social profiles or any information from those profiles
  
• Share content that violates another’s reasonable expectation of privacy, for example streaming from a private space, without permission
  
• Uploading or showing an unwanted intrusion of private video conference calls

Hateful Conduct
Tales of Fablecraft aims to be a place where everyone can come together in shared, community experiences. This vision is threatened when people experience harmful rhetoric and abuse on the Platform. Tales of Fablecraft does not permit behavior that is motivated by hatred, prejudice or intolerance, including behavior that promotes or encourages discrimination, denigration, harassment, or violence based on the following protected characteristics: race, ethnicity, color, caste, national origin, immigration status, religion, sex, gender, gender identity, sexual orientation, disability, serious medical condition, and veteran status. We also provide certain protections for age, which are expressly noted in the examples.
We define 'protected groups' as a subset of the population with a shared protected characteristic. Every Tales of Fablecraft user falls into multiple of these protected groups. Tales of Fablecraft affords every user globally equal protection under this policy.
For example, regardless of your intent, you may not:

• Promote, glorify, threaten, or advocate violence, physical harm, or death against individual(s) or groups on the basis of a protected characteristic, including age.
  
• Use hateful slurs, either untargeted or directed towards another individual.
  
• Post, upload, or otherwise share hateful images or symbols, including symbols of established hate groups and Nazi-related imagery.
  
• Create speech, imagery, or emote combinations that dehumanize or perpetuate negative stereotypes and/or memes.
  
• Create content that expresses inferiority based on a protected characteristic, for example, statements related to physical, mental, and moral deficiencies.
  
• Call for subjugation, segregation or exclusion, including political, economic, and social exclusion/segregation, based on a protected characteristic, including age.
  
• Encourage or support the political or economic dominance of any race, ethnicity, or religious group, including support for white supremacist/nationalist ideologies.
  
• Expressions of contempt, hatred, or disgust based on a protected characteristic.
  
• Mock the event/victims or deny the occurrence of well-documented hate crimes, or deny the existence of documented acts of mass murder/genocide against a protected group.
  
• Make unfounded claims assigning blame to a protected group, or that otherwise intends to incite fear about a protected group as it relates to health and safety.
  
• Encourage the use of or generally endorsing sexual orientation conversion therapy.
  
• Support, promote, or be a member of a hate group, including sharing hate group propaganda materials.
  
• Create accounts dedicated to hate, such as through abusive usernames.

Harassment
Harassment is not tolerated on the Platform. People experience harassment in different ways -- harassment will result in enforcement action taken against the relevant accounts. We expect all players to take the necessary steps to mitigate harassing content that appears on the Platform.
For example, you may not engage in:

• Wishing harm or death on others
  
• Glorifying, endorsing, or expressing approval of a person’s past or current traumatic events
  
• Making implied physical threats to others (Note that explicit threats of violence are handled under our Violence and Threats policy)
  
• Targeting others with repeated or severe personal attacks
  
• Sharing negative doctored or artistic content to abuse or degrade another person
  
• Inciting viewers to target another person with abuse, regardless of whether the targets are on or offline
  
• Making malicious contact towards legitimate businesses or private persons
  
• Stalking or ignoring another person’s established personal physical boundaries
  
• Creating accounts dedicated to harassment, such as through abusive usernames

We may consider the context in which certain incidents occur and may elect not to view statements or occurrences in isolation.
Sexual Harassment
Sexual harassment is never acceptable, regardless of whether these comments are directed towards others on or off our services. Sexual harassment makes users feel uncomfortable, unsafe, and deters them from participating. We do not allow unwelcome sexual advances and solicitations, sexual objectification, or degrading attacks relating to a person’s perceived sexual practices, regardless of their gender.
For example, on the Platform you may not engage in:

• Making unsolicited sexual advances towards another person
  
• Making unsolicited objectifying statements relating to the sexual body parts or practices of another person
  
• Making repeated comments related to another person’s perceived attractiveness after the target makes it clear to you that the behavior is unwanted
  
• Making unsolicited statements in reference to performing graphic sexual acts on another person
  
• Making derogatory statements about another person’s perceived sexual practices or sexual morality
  
• Making degrading statements about a person’s sexual health
  
• Attempting to coerce others into providing sexual content or favors through threats, bribes or other inducements
  
• Sharing unwanted and unsolicited links to nude or sexually provocative images or videos
  
• Sharing or threatening to share private sexually suggestive or explicit content without permission of the person depicted

When applicable, we will take information from the individual(s) targeted by this behavior into account to help us understand when advances and other statements are unwanted, even if they are not clearly derogatory.
Breaking the Law
For the safety of our community, we require users to respect all applicable local, national, and international laws while using our services. Any content or activity featuring, encouraging, offering, or soliciting illegal activity is prohibited and may be reported to law enforcement.
For example, you may not engage in any form of human trafficking, including sex trafficking, sales of children, forced marriages, or domestic servitude, or buy or sell illegal drugs, firearms, or counterfeit goods on the Platform.
Intellectual Property Rights
In order to protect the intellectual property rights of others and comply with intellectual property laws, we do not allow users to share content that they do not own or otherwise have rights to share.
For example, without permission from the rights holders or unless otherwise permitted by law, you may not share:

• Performing other people’s copyrighted content, including playing another artist’s copyrighted songs
  
• Other users’ content or content from other sites
  
• Pirated games or content from unauthorized private servers
  
• Movies, television shows, or sports matches
  
• Music you do not own or do not have the rights to share, including music streamed in the background of a user’s video or audio
  
• Goods or services protected by trademark

Extreme Violence, Gore, and Other Obscene Conduct
Any audio or visual content that features extreme violence or gore may be disturbing and distressing, especially if there is death, mutilation, or blood is prohibited. Content that exclusively focuses on extreme or gratuitous gore and violence is prohibited. Additionally, websites that heavily feature adult content such as sexually explicit content, illegal content, or death and gore are prohibited. For example, you may not upload content with death or extreme injury.
Sexual Content
Users are prohibited from showing, uploading, soliciting, offering, and linking to pornographic content.
For example, you may not show, offer, or promote:

• Explicit, simulated, fictional, or implied sex or masturbation. This includes oral, anal, and vaginal sex, touching of genitals in self or mutual masturbation, or prolonged audio that implies sex/masturbation/orgasm.
  
• Display of sexual bodily fluids
  
• Advertisement or solicitation of sexual services, including prostitution, escort services, sexual massages, and filmed sexual activity
  
• Content that focuses on clothed intimate body parts such as the buttocks, groin, or breasts for extended periods of time.
  
• Consensual sexual violence such as flogging or whipping another person
  
• Graphic descriptions of sex acts such as phone sex or erotica
  
• Display of sex toys in a non-educational context

The foregoing list is not exhaustive, and Tales of Fablecraft reserves the right to remove content that it deems to be inappropriate. Users may not directly link, promote, or advertise pornographic content in any user content, profile, or chat.
Adult Nudity
Users are prohibited from showing or uploading content that contains depictions of real or fictional nudity, regardless of the medium used to create it. Incomplete censoring, such as pixelization, mosaics, blurring effects, sheer or partially see-through clothing do not constitute an exemption to this policy.
For example, you may not show or promote:

• Exposed anuses or fully unclothed and exposed buttocks
  
• Any amount of exposed genitals
  
• Female presenting individuals’ breasts with exposed nipples (unless actively breastfeeding a child)

Art history educational content or public art that might feature nude figures are exempt from this policy.
Attire
In order to set consistent standards that allow creators to express themselves without exposing our community to inappropriate content, we have an attire policy. We don’t permit users to be fully or partially nude, including exposing genitals or buttocks. Nor do we permit users to imply or suggest that they are fully or partially nude, including, but not limited to, covering breasts or genitals with objects or censor bars. We do not permit the visible outline of genitals, even when covered. For users presenting as women, we require nipples to be covered and for all users, the area extending from the hips to the bottom of your pelvis and buttocks must be covered. Any content showing or depicting nude or partially nude minors is always prohibited, regardless of context.
Account Usernames and Display Names
In order to ensure that our community is safe and inclusive, inappropriate account names that violate our Safety Guidelines are prohibited.

For example, usernames and display names may not include:

• Breaking the law, including terrorism and child exploitation
  
• Violence and threats
  
• Hateful conduct
  
• Harassment and sexual harassment
  
• Unauthorized sharing of private information
  
• Impersonation
  
• Glorification of natural or violent tragedies
  
• Self-destructive behavior
  
• References to recreational drugs, hard drugs, and drug abuse, with exceptions for alcohol, tobacco, and marijuana
  
• References to sexual acts, genital, or sexual fluids

Indefinite suspensions are issued for usernames and display names that constitute clear violations of our standard Safety Guidelines, or that are typically representative of malicious and bad-faith behavior. For example, you may not create a username that includes:

• References to terrorism or terrorist organizations
  
• References to child grooming or exploitation
  
• Threats, promotions, or calls to real-life violence against others (with exceptions for references to video game or non-hateful historical violence)
  
• Hateful Conduct, including slurs and derogatory terminology related to protected characteristics
  
• Harassment and Sexual Harassment directed towards another person
  
• Threats or promotion of suicide and self-harm
  
• Personal information of another person leaked without consent
  
• Impersonation of another person, company, or organization
  
• Glorification of natural or violent tragedies

Prohibited Gambling Content
We do not permit users to share or promote links, whether in chat, audio, or visual content, to sites containing slots, roulette, dice games or other gambling content.
Spam, Scams, and Other Malicious Conduct
Any content or activity that disrupts, interrupts, harms, or otherwise violates the integrity of our Platform, Tales of Fablecraft, our services or another user’s experience or devices is prohibited.
For example, you may not:

• Post spam, such as large amounts of repetitive, unwanted messages or user reports
  
• Distribute unauthorized advertisements
  
• Engage in phishing, spreading malware, or viruses
  
• Defraud us or others
  
• Engage in any cheating, hacking, botting, or tampering, that gives the account owner an unfair advantage in a game

Suspension Evasion
For suspended users, any attempt to circumvent an account suspension or chat ban by using other accounts or identities will also result in an additional enforcement against your accounts, up to an indefinite suspension. Suspended users may not create a new account in order to evade a suspension issued to your primary account.
Harmful Misinformation Actors
We prohibit users from repeatedly and/or intentionally spreading harmful misinformation on or offline. We remove users whose online presence is dedicated to persistently sharing widely disproven and broadly shared harmful misinformation topics.
7. Ownership of Data, Platform Content and Grant of Conditional License
The Platform may contain data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and/or HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the Platform (collectively, the “Platform Content”) that is owned by us or our licensors. We own a copyright in the Platform and Platform Content. We may change the Platform Content and features of the Platform at any time. We grant you a limited, conditional, non-exclusive, non-transferable, non-sub-licensable license to view or use this Platform and its Platform Content as permitted by this EULA. As a condition precedent, you agree that you will not:

• Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the site;
  
• Link to any portion of the Platform other than the URL assigned to the home page of our Platform or a URL for user storage located within the Platform;
  
• “Frame” or “mirror” any part of the Platform;
  
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Platform or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform;
  
• Remove any copyright, trademark or other proprietary rights notices contained on/in the Platform;
  
• Use any robot, spider, offline reader, Platform, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents, including with respect to any CAPTCHA that may be displayed on the Platform. Operators of public search engines may use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
  
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  
• Reproduce, modify, display, publicly perform, distribute or create derivative works of the Platform or the Platform Content; or
  
• Use the Platform or the Platform Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Platform and/or Platform Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

The license that we are giving you to use the Platform and its Platform Content is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Data, Platform Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Platform or Platform Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Platform and Platform Content, and infringes our copyrights and/or the copyrights of our licensors and other rights in the Platform and Platform Content. You will not acquire any ownership rights by using the Platform or the Platform Content.
8. Claims of Copyright Infringement On The Platform
Under the Digital Millennium Copyright Act (the “DMCA”) if you believe in good faith that any content on the Platform infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Platform that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Platform; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA here.
Notices and counter-notices should be sent to:
Riftweaver, Inc. d/b/a Tales of Fablecraft
224 W 35th St Ste 500 #904
New York, NY 10001
There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
9. Links
The Platform may contain links and access to other websites or apps that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked websites. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Platform or other websites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
10. Violation of this EULA
If you believe that another user of the Platform has violated this EULA, including the Safety Guidelines, you may contact us at contact@riftweaver.com. We may investigate any violation of this EULA, including unauthorized use of the Platform. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of this EULA. If we determine that you have violated this EULA or the law, or for any other reason or for no reason, we may cancel your account, delete all your Shared Content and prevent you from accessing the Platform at any time without notice to you. If that happens, you may no longer use the Platform, Platform Content or any Shared Content. You will still be bound by your obligations under this EULA. You agree that we will not be liable to you or any third party for termination of your access to the Platform or to your account or any related information, and we will not be required to make the Platform or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the Platform may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Platform are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
You hereby grant us the right to initiate and take any legal actions which we deem necessary in case of infringement of your User Content.
You agree to indemnify us for any claims which may be made against us as a consequence of your violation of this EULA or current legislation. Additionally, you agree to indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from your Shared Content
11. Disclaimer of Warranties
WE PROVIDE THE PLATFORM AND THE PLATFORM CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE PLATFORM UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
12. Revisions
This EULA is subject to revision. We will notify you of any changes to our EULA by posting the new terms of the EULA on the Platform. After we make any changes, we will change the “Last Revised” date above. If we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on the Platform. You are responsible for providing us with your most current email address. If the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following the sending of our email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of our Platform. The continued use of the Platform following notice of such changes constitutes your agreement to be bound by the terms and conditions of such changes.
13. Miscellaneous
Along with our Privacy Policy, this EULA is the entire agreement between you and us with respect to the Services, including use of the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable.

The communications between you and Tales of Fablecraft may use electronic means, whether you use the Services or send us emails, or whether we post notices on the Platform or communicate with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were to be made via a hardcopy writing. This does not affect your non-waivable rights. Electronic notices should be sent to contact@riftweaver.com.

Our failure to enforce any part of this EULA shall not constitute a waiver of our right to later enforce that or any other part of this EULA. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this EULA to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
14. Questions
If you have any questions, comments or complaints regarding this EULA or the Platform, please contact us at:
Riftweaver, Inc. d/b/a Tales of Fablecraft
contact@riftweaver.com