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TERMS OF USE/END USER LICENSE AGREEMENT

Introduction and Agreement. Triptych Games, LLC offers its service, CelestialVale.com (the "Site"), to you subject to this Terms of Use/End User License Agreement (this "Agreement"). The Site is owned and operated by Triptych Games, LLC. This Agreement applies to all versions of the Site. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHETHER OR NOT YOU ACTUALLY REVIEW THEM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

Age

You must be 18 years of age or older to sign up for an account. If you are under the age of 18, you must get a parent or legal guardian to sign up for you. By using the Site, you hereby agree that either you are at least 18 years of age and agree to be bound by all of the provisions of this Agreement, or if you are under 18 years of age, that your parent or legal guardian (who is at least 18 years of age) has signed up to the Site on your behalf and agreed on your behalf to be bound by all of the provisions of this Agreement

Noncommercial Use Only

The Site and its content are intended for your noncommercial use only. As a guest you do not own the accounts, activities, items, characters, locations, games and dragons on the Site; except as permitted by the functionality of the Site, you cannot sell them (for money or premium purchases), give them to anyone, or trade them for anything (including premium purchases). You cannot make or try to make money off of the premium purchases or virtual items in your account or sell the time it took you to collect such premium purchases or items. If Triptych Games, LLC discovers someone selling premium purchases or items, it will freeze every account controlled by that user and every account of the user who purchased such premium purchases or items.

Play Safely

This site is visited by many people around the world every month. Triptych Games, LLC has implemented safeguards to make this a safe site. However, it is important that you play safely by not giving anyone personally identifiable information such as your e-mail address, physical address, date of birth, school name, last name, photographs of yourself, instant messenger username or telephone number. Also make sure that you follow you family's rules for playing on the Internet. If you think anything is suspicious, make sure to report it to Triptych Games, LLC. Your password is to be kept confidential at all times and you are solely responsible for the security of your password. Triptych Games, LLC is not responsible for any harm that may result to your account (including without limitation the deletion, or modification of the account or the items in it) as a result of a lost or shared password. No one from Triptych Games, LLC will ever ask you for your password.

Other Users Also Enjoy This Site

This is a community of players and all pet names, shop names, content on the message boards, and messages come straight from other users, not from someone at CelestialVale.com. If you see anything mean or nasty on the site, or anyone sends you anything that makes you uncomfortable or asks for your password or personal information (such as your name, address or phone number), please let us know immediately so that we can handle it promptly. However, reporting false abuse or inappropriate feedback will not be tolerated and may result in the account making a false report being frozen.

Respect The Community

People who play on the Site are of all ages and backgrounds. Therefore, all user content and communications on the Site are filtered and monitored. So that everyone has a good time, you understand and agree that you will not post or send through the Site any words, images or links containing or relating to:


    profanity, obscenities ("swear words"), sexual content (express or implied, including inappropriate acts with or by your dragons for "real" or in role play); cybering;

    romance role playing;

    dating requests or offers for yourself, other people, or your in-game items

    attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person;

    gangs, gang-slang, or the promotion of gangs;

    chat rooms or links to sites with chat rooms;

    promotions offering prizes of any sort (including contests, raffles, lotteries, chain letters or any kind of giveaway);

    materials created by someone else without their express written permission;

    information that might identify another user (including posting a link to your personal guest book);

    material regarding political, social, or religious views or opinions;

    links to or advertisements for third party commercial websites;

    pet names, account usernames, store fronts, or any descriptions or names that would be considered inappropriate under this Agreement;

    "cheats" or "hacks", or information or links to sites claiming to have these;

    requests for user passwords (including offers for "pet-sitting");

    requests for money by using your pets, currency or any other Triptych Games, LLC property on third party sites or your personal websites (including Ebay);

    scams of any kind (including requests to users to change their email address);

    "spamming" (repeatedly posting the same message) or "party boards";

    anything that suggests it is from a member of the Triptych Games, LLC staff;

    trying to test CelestialVale's's message filters (or encouraging others to do so); and
    other information that Triptych Games, LLC deems, in its sole discretion, to be inappropriate for this site.

BEWAREIf you do any of the above we may suspend you from using your account or freeze your account permanently. Please note that depending on your account history and the type of infraction, you may be frozen or suspended for breaking the rules and that you WILL be frozen for multiple infractions. Also, you will not necessarily be warned prior to being frozen. This is your warning. Creating additional accounts when already suspended will result in permanent banning of all of your accounts.

Names

You will select a username and a password which will be requested each time you log in to use the Site. You agree that your username will not be unlawful or infringe any third party rights and will not be racist, defamatory or contrary to good moral standards. Equally, the names of the dragons selected by you must not be unlawful, infringe any third party rights or be racist, defamatory or contrary to good moral standards. In selecting your username and the names of your dragons, you must take care not to upset the sensibility of other players, in particular younger players. Violation of this policy may result in your exclusion from the Site and the deletion of your account(s).

Account Sharing

You may not share your account(s) with anyone, except that if you are a parent or legal guardian, you may permit minor children in your home to use your account(s). You are liable for all uses of your account(s).

Cheating Is Bad

If you use cheat programs, including non-TTG software or programs, we will freeze your account(s). You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain premium purchases or items from any CelestialVale game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, without limitation, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of this Agreement and you will be responsible for any resulting damages to Triptych Games, LLC. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on CelestialVale, you will pay Triptych Games, LLC liquidated damages in the sum of Fifty Thousand Dollars (US$50,000.00) for each such program as liquidated damages. You agree that if you use such a program on the website, you will pay Triptych Games, LLC liquidated damages in the sum of Five Hundred Dollars (US$500.00) for each time you use such a program.

Scamming Is Forbidden

Attempting to gain access to someone else's account and/or account information, or trying to get other people's passwords, is STRICTLY FORBIDDEN. Your account(s) will be deleted and you will be permanently banned from the site.

Non-Use

Triptych Games, LLC reserves the right to permanently terminate any account for non-use including accounts with CelestialVale items or other items or privileges that may have been purchased by you from us or our licensing partners. Currently, our policy is to terminate any account that has not been active for two years.

Subscription or Premium Content

Some contents and/or services at CelestialVale.com may be offered to you conditioned on your purchase of premium purchases or as a subscription. If you elect to purchase premium purchases or subscription-based content/services and transmit to Triptych Games, LLC a purchase request, you warrant that all information that you submit is true and accurate (including without limitation your Paypal account information), and you agree to pay all fees you incur plus all applicable taxes. Your premium purchases or subscription are personal to you, and you may not transfer or make available your account name and password to others. Any distribution by you of your username and password may result in cancellation of your premium purchases or subscription without refund.

NO REFUNDS

There are no refunds on any purchased credits (premium purchases) for in-game items, gift certificates or similar items that may be released at a later date.

Billing Information

Subscribers to premium (paid) accounts that are paid online through Paypal (or any other electronic means we may institute in the future), must provide accurate, complete, and updated billing information for payment of the subscription fee. Subscriber also agrees to not use any credit card or Paypal account that is not his or her own without proper permission from the cardholder/account owner. FAILURE TO COMPLY WITH THE FOREGOING SHALL CONSTITUTE A BREACH OF THIS AGREEMENT, WHICH MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT(S). In the event that Triptych Games, LLC learns that you have provided false, or misleading information, Triptych Games, LLC reserves the right to immediately suspend, disable, or delete your account(s). There are no refunds where the account is terminated due to any violation of this Agreement prior to the end of a subscription term.

Repercussions of Failed Payments/Chargebacks/Paypal Disputes

Triptych Games, LLC may, in its sole, and absolute discretion, suspend or terminate your access to the Site, and downgrade, disable, or delete your account(s), if:
Payment cannot be charged to your credit card/Paypal account.

Your charge is returned to Triptych Games, LLC for any reason.

Site Content

All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Triptych Games, LLC, unless where otherwise credited. You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any purpose other than noncommercial use without the prior written consent of Triptych Games, LLC. Requests regarding use of the Content for any purpose other than noncommercial use should be directed to Triptych Games, LLC.

Copyrights and Copyright Agents

It is the policy of Triptych Games, LLC to respond to claims of intellectual property infringement. Triptych Games, LLC will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a service provider's designated agent. Notification must be submitted to the following designated agent for this Site: admin@triptychgames.com

To be effective, the notification must be a written communication that includes the following:


    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

    A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned by Triptych Games, LLC and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "CelestialVale" name and logo are trademarks of Triptych Games, LLC. Other product and company names herein may be trademarks of their respective owners.

Software

Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by Triptych Games, LLC and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Linking

If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission otherwise has been granted in writing by Triptych Games, LLC. Triptych Games, LLC reserves the right to reject or terminate any links to the Content or the Site.

User Materials

By submitting content, photos, data or other materials ("Materials") to the Site, you hereby grant to Triptych Games, LLC and its affiliates and agents a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Triptych Games, LLC and its affiliates and agents a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

Interactive Forums

This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, "Forums") to give users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Triptych Games, LLC does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by this Agreement. You may not use the Site's Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.

Triptych Games, LLCs Rights

Given the nature of the Site and the volume of messages and postings, Triptych Games, LLC cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Triptych Games, LLC reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that Triptych Games, LLC (a) will not be liable for any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

Unsolicited Materials

Triptych Games, LLC does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with any Forums, chat rooms and bulletin boards on the Site. Triptych Games, LLC and its affiliates and agents shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.

Representations/Indemnity

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation or cause injury to any person. You agree to release, defend, indemnify and hold Triptych Games, LLC, its affiliates and agents, and their respective officers, directors, managers, partners, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, or (iii) your breach of this Agreement.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to the Site's users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to Triptych Games, LLC advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on Triptych Games, LLC's hardware and software infrastructure (collectively, "Prohibited Activities").

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. TRIPTYCH GAMES, LLC AND ITS AFFILIATES AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE SERVICES PROVIDED THROUGH THE SITE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND TRIPTYCH GAMES, LLC AND ITS AFFILIATES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. TRIPTYCH GAMES, LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. TRIPTYCH GAMES, LLC DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE SERVICES PROVIDED THROUGH THIS SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

TRIPTYCH GAMES, LLC, ITS AFFILIATES AND AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE SERVICES PROVIDED THROUGH THIS SITE, THIS AGREEMENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service

You understand and agree that in Triptych Games, LLC's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Triptych Games, LLC may exercise any other remedy available and remove any Materials, if Triptych Games, LLC believes that your use of the Site and/or any Materials you provide (a) violate (i) the terms of this Agreement, (ii) the rights of Triptych Games, LLC, its affiliates and agents or another user of the Site, or (iii) any law or regulation, or (b) are otherwise objectionable or inappropriate or (c) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Triptych Games, LLC for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that Triptych Games, LLC post a bond. Triptych Games, LLC is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in Triptych Games, LLC's sole discretion, you have violated the terms of this Agreement.

Locations

riptych Games, LLC operates and controls the Site from its offices in [Dallas, Texas], in the United States of America. Triptych Games, LLC makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Miscellaneous

The terms set forth in this Agreement may be changed at any time and you will be notified of any such changes by an updated posting of the new terms of this Agreement on the Site. Your continued use of the Site after the posting of any amended terms of this Agreement shall constitute your agreement to be bound by any such changes. Triptych Games, LLC may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by Triptych Games, LLC. Triptych Games, LLC and its affiliates and agents do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. This Agreement will be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Dallas County, Texas, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Dallas County, Texas, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Failure by Triptych Games, LLC to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision of this Agreement. This Agreement constitutes the entire agreement between Triptych Games, LLC and you regarding the subject matter hereof. Neither this Agreement, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Subject to the restrictions against your transfer or assignment of your account(s) contained in this Agreement, the provisions of this Agreement shall inure to the benefit of, and shall be binding on, both your and Triptych Games, LLC's assigns, successors in interest, personal representatives, estates, heirs, and legatees.

©2010 Triptych Games, LLC

Last updated on 1/30/2013

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