The Gaming Nexus Studios Ltd Co., Ltd. (“TGN Studios”) appreciates your interest in TGN Studios’s application entitled “Summoner’s Nexus” (together with any Materials, as defined below, the “Application”). By accessing or using the Application, you agree to comply with these terms and conditions (“TGN Studios Terms”), in addition to the terms and conditions provided by Platformers (“Platform Terms”). If you do not agree to TGN Studios Terms and Platform Terms, you may not access or use the Application. Please note that TGN Studios is not affiliated with Platformers, has no control over Platform Terms; and is not responsible for Platformer’s acts or omissions and that TGN Studios is solely responsible for the Application, not Platformers. For the purpose of these terms, “Platformers” means the provider of the Platform through which the application is accessed, and the “Platform” means the platform through which you access or use the Application.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER INTO TGN STUDIOS TERMS OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN ACTED ON YOUR BEHALF, TO ENTER INTO TGN STUDIOS TERMS.
TGN Studios may modify these Terms periodically. In such a case, TGN Studios will indicate to you within the Application that it intends to modify TGN Studios Terms, and unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon first using the Application after such modifications. If you do not agree to such modifications, you may no longer use the Application.
Any personal information collected and used by TGN Studios in relation to your use of the Application will be handled in accordance with TGN Studios’s privacy policy or the privacy notice separately presented to you.
1. Children Under 13: If you are under 13 years old, you are not eligible to access or use the Application unless Platform Terms allow you to access and use the Platform. You may use the Application only in accordance with Platform Terms and TGN Studios Terms.
2. Intellectual Property and License. The Application, including, information and materials available in the Application, which may include video games and other software applications, and all components thereof such as audio-visual materials, Virtual Currency (as defined below) and Virtual Goods (as defined below) (collectively, “Materials”) are protected by copyright, trademark and other intellectual property rights, which are owned and controlled by TGN Studios, its affiliated or related entities or its or their third-party content licensors or suppliers.
Subject to your compliance with TGN Studios Terms, TGN Studios hereby grants to you a personal, limited, revocable non-transferable license to access and use the Application and Materials solely as incorporated therein, solely for your personal, non-commercial purposes, and in the manners provided for by the Platform. Nothing contained in the Application grants do or should be construed as granting any license or right to make commercial use of any Materials or other TGN Studios or third-party copyrighted materials, trademarks or intellectual property without TGN Studios’s prior written permission. No assets owned by TGN Studios within or without the “Summoner’s Nexus” application may be copied, sold or licensed without the direct consent of TGN Studios.
TGN Studios may also modify, suspend, discontinue or prohibit you from accessing the Application (or any portion of the Application) at any time, for any or no reason and without notice. In such instances, your license to access and use Materials (including any Virtual Currency and Virtual Goods) shall be automatically terminated or suspended, as applicable. TGN Studios shall not be required to provide refunds, benefits or other compensation to you in connection with such termination or suspension.
3. Rules of Conduct. While using the Application, you will comply with all applicable laws, rules and regulations. TGN Studios expects users of the Application to respect the rights and dignity of others. In addition to other terms and conditions of TGN Studios Terms, your use of the Application is conditioned upon your compliance with rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your license to use and access the Application. You agree that you will not:
4. Purchases of Virtual Goods. The Application may provide you with an opportunity to purchase personal, limited, revocable, non-transferable licenses to access and use virtual goods (collectively, “Virtual Goods”) solely within the Application and solely for your personal, non-commercial purposes. These purchases may be made using virtual currency (e.g., virtual coins, tokens, or points) (“Virtual Currency”) earned or purchased through the Application or from one of TGN Studios’s approved third-party virtual currency providers. Notwithstanding anything to the contrary in TGN Studios Terms or in the Application, you agree that you have no right or title to any Materials, including without limitation any Virtual Goods and/or “earned” or “purchased” Virtual Currency, and that such Virtual Goods and/or Virtual Currency do not constitute or represent any balance of real currency or other stored value or its equivalent. TGN Studios reserves the right to terminate or suspend such licenses at any time, for any or no reason, and without notice to you. TGN Studios shall not be required to provide refunds, benefits or other compensation to you in connection with such terminations or suspensions, except to the extent required by applicable law. You may not sublicense, lease, lend, sell, gift, bequeath, trade, transfer or provide use or access to any Virtual Goods and/or Virtual Currency, except as expressly provided by TGN Studios, and any such act or attempted act is prohibited and void. You shall not attempt to use or access any Virtual Goods and/or Virtual Currency that you have not personally licensed or acquired from us or from one of TGN Studios’s approved third-party currency providers. If you leave a balance of purchased Virtual Currency unused for a period of time or if we terminate or suspend your access to and/or use of the Application, we may process your balance in accordance with TGN Studios’s legal obligations, including by submitting funds associated with your purchased Virtual Currency balance to the appropriate governing body where required by applicable law.
5. Purchase and Use of Virtual Currency. If you wish to purchase Virtual Currency made available by TGN Studios through the Application (each such purchase, a “Transaction“), you may be asked to supply certain information relevant to your Transaction. Such information may include your credit card number and its expiration date and billing address, and other information associated with proprietary payment methods. The purchase and use of Virtual Currency are governed by terms and conditions of the “Virtual Currency Terms of Use” located in the Application. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION AND THAT YOU ARE IN COMPLIANCE WITH ANY TERMS AND CONDITIONS APPLICABLE TO SUCH PAYMENT METHODS, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY USE OF YOUR PAYMENT METHODS BY MINORS. By submitting such information, you grant TGN Studios the right to provide such information to third parties for purposes of facilitating completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to acknowledgment or completion of any Transaction.
6. Platform Accounts. Pursuant to the Platform Terms, you may be required to register an account (“Platform Account”) in order to access or use the Application via the Platform. You are responsible for maintaining the confidentiality of Platform Account, and you are fully responsible for all interactions with the Application that occur in connection with your Platform Account. You agree that any actions made using your Platform Account shall be deemed to be the actions made by you. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Saved Data. TGN Studios does not warrant that data and record of your use of the Application (“Saved Data“) will be preserved without error or will be read out without fail. You agree that you have been advised in advance that, in the event that TGN Studios finds it necessary to maintain operations of the Application or if TGN Studios determines in its sole discretion that it is against many users interest, TGN Studios may add, modify or make changes (including deletion) to Saved Data without obtaining your prior approval. TGN Studios reserves the right to delete Saved Data that is not used for a long period of time.
8. Monitoring, Deleting and Blocking. TGN Studios reserves the right, but is not obligated, to monitor and, in its sole discretion, to delete any materials and postings or to block (or request that Platformers block) users who have posted materials or acted in a manner, in each case, that TGN Studios believes to violate TGN Studios Terms or to be unsuitable for the Application. TGN Studios’s decision not to pursue legal action for any violation of TGN Studios Terms shall not be construed as a waiver of TGN Studios Terms or of TGN Studios’s legal rights. TGN Studios also reserves the right to disclose any posting, the circumstances surrounding its transmission, and the identity of the poster, including without limitation in order to operate the Application properly, to protect TGN Studios, its affiliated companies and other Application users, and to comply with legal obligations or governmental requests.
9. Questions About TGN Studios’s Products or Services. The Application may not be the most effective way to inform us that you need help with one of TGN Studios’s products or services. The method for making any inquiries concerning the Application is stipulated in Section 22. If you would like to inform us about a specific problem, please contact us according to such method. TGN Studios is not responsible or liable for any information it provides in response to, or for any failure or delay in responding to, any questions, comments or other materials posted to the Application.
10. Sweepstakes, Contests and Similar Promotions. Any sweepstakes, contest, raffles and other promotions made available through the Application (“Promotion”) may be governed by specific rules that are separate from TGN Studios Terms. By participating in any such Promotion, you agree to become subject to those rules, which may vary from terms and conditions set forth herein. With respect to any Promotion, in the event of any conflict between terms and conditions of such Promotion and TGN Studios Terms, terms and conditions of such Promotions shall govern.
11. Third-Party Services. The Application may provide you with opportunities to use the services provided by, and links to websites, services, products, content or other material of third parties, including without limitation Platformers. You acknowledge and agree that TGN Studios does not endorse and are not responsible or liable for any such third-party services or materials made available through the Application (“Third-Party Services”), and that you access and use such Third-Party Services at your own risk. TGN Studios encourages you to review the privacy and terms of use policies made available to you by such third parties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD-PARTY SERVICES.
12. Disclaimer of Warranties. TGN Studios makes no guarantees or warranties of any kind, express or implied, regarding the Application. Your access to and use of the Application is at your own risk. The Application is provided “AS IS” and TGN Studios is not responsible for its use or misuse. Access to and use of the Application from locations where the Application may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TGN STUDIOS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE APPLICATION FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE APPLICATION, (D) WARRANTIES RELATING TO OPERATION OF THE APPLICATION (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS), (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY TGN STUDIOS OR ANY THIRD PARTY, AND (F) WARRANTIES THAT MAY ARISE IN THE COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TGN Studios AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, AND EACH OF THEIR SUBSIDIARIES OR AFFILIATED ENTITIES AND OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE FOREGOING ENTITIES (COLLECTIVELY WITH TGN Studios, THE “TGN Studios ENTITIES”) DO NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER(S) ON WHICH THE APPLICATION IS HOSTED ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE APPLICATION, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ANY TGN Studios ENTITIES, OR OF ANY FAN, USER OR VISITOR OF OR TO THE APPLICATION, WHETHER MADE IN THE APPLICATION OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE APPLICATION), SHALL CREATE ANY WARRANTY.
13. LIMITATION OF LIABILITY. IN NO EVENT SHALL TGN Studios ENTITIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TGN Studios AND/OR ANY OF THE TGN Studios ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION OR ANY SITE OR SERVICE LINKED FROM THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO TGN STUDIOS FOR SUCH ACTIVITY. SOME STATES OR COUNTRIES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify TGN Studios, each of the TGN Studios Entities and each of their affiliates and agents from any third-party lawsuits, claims, demands, damages, liabilities and costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Application, or your breach or alleged breach of the covenants, representations or warranties of TGN Studios Terms.
15. SUSPENSION OR TERMINATION. If you breach TGN Studios Terms or any of the other applicable terms, or if TGN Studios suspects, in TGN Studios’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, TGN Studios may immediately (a) suspend or limit your access to the Application, or (b) terminate your account. In addition, TGN Studios reserves the right to discontinue or modify the Application at any time at our sole discretion, without any further liability to you. If TGN Studios suspends or terminates your account for any reason, you must discontinue any use of the Application, and the right to purchase or use Virtual Goods shall also be suspended or terminated. Notwithstanding any other provision in TGN Studios Terms or other applicable terms to the contrary, TGN Studios reserves the right to reduce, liquidate, suspend, deactivate, remove access to and/or terminate any and all Virtual Goods if TGN Studios suspects, at its sole discretion, that (a) you have used any Virtual Goods(s) in violation of TGN Studios Terms, and/or any other applicable terms and/or (b) you have otherwise used any Virtual Goods(s) to conduct any fraudulent or illegal activity.
16. TERMINATION BY YOU. If you delete the Application from your device, your Virtual Goods may no longer be usable. Unless otherwise notified via a separate notification from TGN Studios, you cannot transfer, assign, give away or request refund for your Virtual Goods.
17. Governing Law. You agree that your access to and use of the Application is governed by the laws of Japan without giving effect to any choice of legal rule that would cause application of laws of any jurisdiction other than Japan. All disputes and controversies arising out of or in connection with the Application shall be resolved exclusively by the Tokyo District Court in Tokyo, and you hereto agree to submit to the jurisdiction of said courts and agree that the venue shall lie exclusively with such courts.
18. No Assignment. You may not lend, license, assign or succeed to any third party all or part of your rights, obligations, status or interests to use the Application.
19. Variations Depending on Countries/Regions. You hereby acknowledge and agree that the Application itself may vary depending on countries/regions to comply with applicable laws and regulations.
20. Severability. If any provision of these TGN Studios Terms, or the application thereof to any person, place or circumstance, shall be held to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from these TGN Studios Terms, and the remainder of these TGN Studios Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
21. WAIVER. No waiver by TGN Studios of any term, provision or condition of TGN Studios Terms, whether by conduct or otherwise, in any one or more instance, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of TGN Studios Terms.
22. Contact Information for Inquiries. The method for making any inquiries concerning TGN Studios Terms is as follows.
TGN Studios customer support
https://www.TGN Studios.com/games/inquiry/
23. Language. TGN Studios Terms have been prepared in, and will be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of TGN Studios Terms, the meaning and interpretation of TGN Studios Terms prepared in English shall prevail.
Last Updated : 01/18/2022
This Virtual Currency Terms of Use (“Virtual Currency Terms”) supplements the “Terms of Use for “Summoner’s Nexus” (“TGN Studios Terms“) with respect to the purchase and use of “Sigil” (“Virtual Currency”). BY PURCHASING OR USING VIRTUAL CURRENCY, YOU AGREE TO BE BOUND BY THESE VIRTUAL CURRENCY TERMS. IF YOU DO NOT AGREE, DO NOT PURCHASE OR USE VIRTUAL CURRENCY. Any terms not specifically defined in these Virtual Currency Terms shall have the meaning as defined in TGN Studios Terms. If there are any inconsistencies between TGN Studios Terms and these Virtual Currency Terms, these Virtual Currency Terms shall take precedence with regard to Virtual Currency.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER THESE VIRTUAL CURRENCY TERMS, OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN (“GUARDIAN”) ACTED ON YOUR BEHALF, TO ENTER INTO THESE VIRTUAL CURRENCY TERMS
TGN Studios may modify these Virtual Currency Terms periodically. In such case, TGN Studios will indicate to you within the Application that it intends to modify the Virtual Currency Terms and, unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon your first use of the Application after such modifications. If you do not agree to such modifications, you may no longer use the Application.
1. APPLICABILITY.
These Virtual Currency Terms apply only to Virtual Currency sold or provided by TGN Studios in the Application.
2. PURCHASE OF VIRTUAL CURRENCY.
TGN Studios reserves the right to refuse or cancel orders for Virtual Currency at any time at TGN Studios’s sole discretion, and TGN Studios may apply limits to the quantity of Virtual Currency you may purchase or have in your account at any one time. TGN Studios may also cancel Virtual Currency if it determines, at its sole discretion, that you received them in error, through fraud or deception, or in any manner not authorized by these Virtual Currency Terms. If you are under the age of legal capacity (“Minor”), you must obtain consent from your Guardian before purchasing any Virtual Currency. If any Minor purchases Virtual Currency, his/her Guardian shall be deemed to have consented to such purchase.
3. PROMOTIONAL VIRTUAL CURRENCY.
TGN Studios may issue promotional Virtual Currency using methods designated by TGN Studios, such as through promotional activities or other means that do not require payment (“Promotional Virtual Currency”). Activities eligible to receive Promotional Virtual Currency, quantity of Promotional Virtual Currency issued, and terms and conditions for the issuance of Promotional Virtual Currency, as well as other terms and conditions, will be determined by TGN Studios.
4. PURCHASED VIRTUAL CURRENCY.
The purchase price for Virtual Currency or the purchase unit of Virtual Currency may change periodically without notice. The price you will be charged is the price displayed on the final purchase confirmation screen displayed in the Application (“Price”). Virtual Currency that is purchased for real currency may be referred to herein as “Purchased Virtual Currency”.
5. PAYMENT.
You will purchase Virtual Currency via the Application using the settlement method provided by Platformers. All sales are final unless TGN Studios informs you otherwise in writing. Platformers are responsible for carrying out settlements, and you must comply with rules, terms of sale and other contractual terms and conditions prescribed by Platformers. TGN Studios will not bear any liability whatsoever concerning your use of the settlement method provided by Platformers for purchasing Virtual Currency, and any objections or complaints concerning the settlement method must be settled by making a claim directly to Platformers. Platformers will be solely responsible for sending a receipt upon conclusion of settlement for the Virtual Currency, and you will be deemed to have agreed to accept said receipt in lieu of being sent a receipt by TGN Studios. The purchase of Virtual Currency will become final when you click the purchase button on the final purchase confirmation screen. However, issuance of Virtual Currency may be delayed due to circumstances affecting systems related to the settlement method provided by Platformers.
6. TAXES.
You acknowledge and agree that unless otherwise stipulated in Platform Terms, you are responsible for all applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase and use of Virtual Currency and your licensing of Virtual Goods. If you do not pay the required taxes and fees, you will be responsible for payments of taxes, fees and other penalties that are later determined to be due. TGN Studios reserves the right to collect applicable taxes or other fees from you at any time.
7. PROCESS.
You may redeem or use Virtual Currency only by the method and within the scope prescribed by TGN Studios. Virtual Goods you may be licensed by redeeming Virtual Currency, quantity of Virtual Currency necessary for the license of each Virtual Good, and other terms and conditions for using Virtual Currency will be decided on a case-by-case basis for all Virtual Goods and will be displayed in the Application designated separately by TGN Studios. When you use Virtual Currency, and if applicable, TGN Studios will use Promotional Virtual Currency prior to using Purchased Virtual Currency. TGN Studios may, at its sole discretion, place limitations on your redemption of Virtual Currency, such as a limit on the quantity of Virtual Currency you may redeem within a given period, except as may be prohibited by applicable law. Your unused Purchased Virtual Currency will be linked to your Platform Account and recorded on the server. Accordingly, you will not be able to access or use such unused Purchased Virtual Currency if you access the Application using any account other than your Platform Account.
8. LICENSE TO VIRTUAL CURRENCY AND VIRTUAL GOODS.
Notwithstanding any use of the terms “purchase”, “buy”, “sell”, “order” or the like, Virtual Currency and Virtual Goods you obtain using Virtual Currency are licensed, not sold, and you do not obtain title to or any ownership interest in any Virtual Currency or Virtual Goods. TGN Studios retains all rights to the Virtual Goods contained in the Application. Your use of the Virtual Goods will be subject to, and you agree to, TGN Studios Terms. All use of the Virtual Currency and Virtual Goods is for personal, non-commercial use only. TGN Studios owns all rights, title and interest in and to the Virtual Currency and TGN Studios owns all rights, title and interest in the Virtual Goods. Subject to the terms and conditions of these Virtual Currency Terms and other applicable terms, you will have a limited, personal, revocable, non-transferable, non sub-licensable and non-assignable license to use Virtual Currency and Virtual Goods in accordance with the terms and conditions of TGN Studios Terms. You understand that if you violate TGN Studios Terms, you may not be able to use Virtual Currency and Virtual Goods. The existence of a particular Virtual Good available for licensing with Virtual Currency is not a commitment by TGN Studios to maintain or continue to make the particular Virtual Goods available in the future. TGN Studios may revise, discontinue or modify Virtual Goods at any time without notifying you. The length of time you may have access to Virtual Goods will be determined by TGN Studios at our sole discretion. You agree that TGN Studios has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Goods as it sees fit at its sole discretion, in any general or specific case.
9. EXPIRATION OF VIRTUAL CURRENCY.
Except as required by law or as TGN Studios may otherwise determine at its sole discretion, TGN Studios will not compensate for, and shall not be responsible for, any loss, expiration, invalidity, disappearance, or any other unavailability of Virtual Currency, and you agree that you will not make any claim for replacement, exchange, return, refund, compensation, fees, royalties, or any other form of payment from or replacement by TGN Studios in relation to such unavailability. For the avoidance of doubt, this Section shall not apply to any unavailability of Virtual Currency due to TGN Studios’s intentional act or negligence.
10. NON-REFUNDABILITY; TRANSFER.
Virtual Currency and Virtual Goods have no cash value. Except as required by law or as TGN Studios may otherwise determine at its sole discretion, TGN Studios will not cancel your use of Virtual Currency, exchange Virtual Currency with real currencies, other virtual currencies, or any items other than Virtual Goods licensed pursuant to Section 7, or refund any real currency equivalent to any used Virtual Currency, in any case and for whatever reason. Virtual Currency may not be sold, transferred, assigned, or redeemed or exchanged for cash. In addition, you may not pledge or establish a security interest in Virtual Currency or jointly possess Virtual Currency with another person or other third party. You shall control and manage your purchase and use of Virtual Currency at your sole responsibility.
11. SUSPENSION OR TERMINATION.
If you breach these Virtual Currency Terms or any other applicable terms, or if TGN Studios suspects, at TGN Studios’s sole discretion, fraudulent, abusive or unlawful activity associated with your account, TGN Studios may immediately (a) suspend or limit your access to the Virtual Currency in your account and may also suspend your access to the Application, or (b) terminate your account. In addition, we reserve the right to discontinue or modify the Application or the Virtual Currency program at any time at our sole discretion, without any further liability to you. If TGN Studios suspends or terminates your account for any reason, you must discontinue any use of the Application, and the right to purchase or use Virtual Currency shall also be suspended or terminated. Notwithstanding any other provision in TGN Studios Terms or other applicable terms to the contrary, TGN Studios reserves the right to reduce, liquidate, suspend, deactivate, remove access to and/or terminate any and all Virtual Currency and Virtual Goods if TGN Studios suspects, at its sole discretion, that (a) you have used any Virtual Currency and/or any Virtual Goods(s) in violation of TGN Studios Terms, Virtual Currency Terms and/or any other applicable terms and/or (b) you have otherwise used Virtual Currency and/or any Virtual Goods(s) to conduct any fraudulent or illegal activity.
12. TERMINATION BY YOU.
You may terminate this Agreement at any time by ceasing your use of the Application and deleting the Application from your device, provided that you acknowledge and agree that by deleting the Application from your device, your Virtual Currency may no longer be usable.
13. ERRORS.
TGN Studios does not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether in pricing, description, order confirmation, order processing, delivery or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order.
14. DISCLAIMER.
THE VIRTUAL CURRENCY, THE VIRTUAL GOODS AND THE APPLICATION ARE PROVIDED BY TGN Studios ON AN “AS IS”, “AS AVAILABLE” BASIS, AND TGN Studios DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TGN Studios IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR PURCHASE OR USE OF VIRTUAL CURRENCY. WHILE TGN Studios ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE APPLICATION SAFE, TGN Studios CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, THE VIRTUAL CURRENCY OR THE VIRTUAL GOODS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. TGN Studios RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE APPLICATION, THE VIRTUAL CURRENCY, OR THE VIRTUAL GOODS OFFERED THROUGH THE APPLICATION, OR ANY FEATURES OR FUNCTIONALITY OF ANY OF THE FOREGOING AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL TGN Studios ENTITIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TGN Studios AND/OR ANY TGN Studios ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE VIRTUAL CURRENCY, THE VIRTUAL GOODS OR THE APPLICATION EXCEED THE AMOUNT YOU PAY, IF ANY, TO TGN Studios FOR SUCH ITEMS.
16. WAIVER OF CLAIMS.
You agree that you will never assert and/or bring any cause of action, claim and/or suit against any TGN Studios Entities arising out of and/or related to (a) any claim that you own any Virtual Currency and/or Virtual Goods, (b) any claim for the “value” of any Virtual Currency or any Virtual Goods, (c) any claim for loss of any “value” of any Virtual Currency or any Virtual Goods arising out of and/or related to any acts or omissions of any of the TGN Studios Entities that is/are permitted under TGN Studios Terms or any other applicable terms, and/or (d) any claim that the “value” of any Virtual Currency or any Virtual Goods has decreased as a result of any modification that any of TGN Studios Entities made to any application. This Section shall apply to the extent permitted by applicable law.
17. LANGUAGE.
These TGN Studios Terms have been prepared in, and will be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of these TGN Studios Terms, the meaning and interpretation of these TGN Studios Terms prepared in English shall prevail.
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