Terms of Service

By using the ToothAndClawGame.com web site, a service of Friends & Foes Studios, LLC, you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

Basic Terms

  • You must be 13 years or older to use this site.
  • You are responsible for any activity that occurs under your username.
  • You are responsible for keeping your password secure.
  • You must not abuse, harass, threaten, impersonate or intimidate other players.
  • You may not use the ToothAndClawGame.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the ToothAndClawGame.com service.
  • You must not modify, adapt or hack ToothAndClawGame.com or modify another website so as to falsely imply that it is associated with ToothAndClawGame.com .
  • You must not create or submit unwanted email to any other players (“Spam”).
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not, in the use of the game, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your ToothAndClawGame.com account. While ToothAndClawGame.com prohibits such conduct and content on its site, you understand and agree that Friends & Foes Studios cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the ToothAndClawGame.com service at your own risk.

General Conditions

  • We reserve the right to modify or terminate the ToothAndClawGame.com service for any reason, without notice at any time.
  • We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  • We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
  • We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  • We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Friends & Foes Studios Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Friends & Foes Studios and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Tooth&Claw name or any of the Friends & Foes Studios trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Tooth&Claw, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TWITTER AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Friends & Foes Studios will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Friends & Foes Studios has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Friends & Foes Studios or through the Services, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRIENDS & FOES STUDIOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FRIENDS & FOES STUDIOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Waiver and Severability

The failure of Friends & Foes Studios to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement

These Terms, the Tooth&Claw Game Rules and our Privacy Policy are the entire and exclusive agreement between Friends & Foes Studios and you regarding the Services (excluding any services for which you have a separate agreement with Friends & Foes Studios that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Friends & Foes Studios and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at toothandclawgame.com/pages/terms. If the revision, in our sole discretion, is material we will notify you via an in-game notice or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Effective: 2010-04-29 04:47:28 UTC