The terms of this agreement (“Terms of Service”) govern the relationship between you and Millstream Games regarding your use of Millstream Games' games, websites and related services (the “Service”). Use of the Service is also governed by Millstream Games' Privacy Policy www.millstreamgames.com/privacy-policy which is incorporated herein by reference.

Before accessing or using the Service, including browsing any Millstream Games website or accessing a game, you must agree to these Terms of Service and the Privacy Policy.

BY USING, INSTALLING OR ACCESSING THE SERVICE VIA ANOTHER METHOD, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE INSTALL OR ACCESS THE SERVICE.

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Millstream Games Privacy Policy, or any other Millstream Games policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. RIGHT TO USE THE SERVICES

1.1 LIMITED LICENSE FOR THE USE OF THE SERVICE

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Millstream Games policies, Millstream Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own private non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

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You shall not access the Service if you are under the age of 16; You shall restrict use by minors, and you will deny access to children under the age of 16. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.

1.2 LIMITATIONS OF THE LICENSE

You are not allowed to use the Service in violation of these License Limitations. Any violation is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

• Engage in any act that Millstream Games deems to be in conflict with the spirit or intent of the Service or make improper use of Millstream Games support services.

• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or any Millstream Games game or without Millstream Games' express written consent, modify or cause to be modified any files that are a part of the Service or any Millstream Games game.

• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Millstream Games game environment.

• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

• Attempt to gain unauthorized access to the Service, Servers, or networks connected to the Service by any means other than the user interface provided by Millstream Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group.

• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of any person or entity or impersonates any other person.

• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service or using any method not expressly permitted by Us.

• Solicit or attempt to solicit personal information from other users of the Service or any Millstream Games game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

We reserve the right to determine what conduct is in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We also reserve the right to take action as a result, which may include prohibiting you from using the Service in whole or in part.

1.3 TERMINATION AND SUSPENSION OF SERVICE

Without limiting any other remedies, Millstream Games may limit, suspend, modify, terminate or delete access to Millstream Games services or portions thereof if you are, or Millstream Games suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service. You can lose any benefits or privileges associated with your use of the service. Millstream Games is not obligated to compensate you for any such losses.

Millstream Games may also, without limiting any other of our remedies, terminate or suspend the service or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the Intellectual Property Rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies.

Millstream Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Millstream Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

2. OWNERSHIP

2.1. GAMES AND SERVICE

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation and the Millstream Games game clients and server software) are owned by Millstream Games. Millstream Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. You are granted permission to use the Service solely in accordance with these Terms and Conditions.

2.2. VIRTUAL ITEMS

Millstream Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Millstream Games games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Millstream Games game, whether earned in a game or purchased from Millstream Games, or any other attributes stored on the Service.

2.3. PURCHASES, FEES AND PAYMENTS

The Services may include certain features which may be subject to a fee. You may be required to pay for certain services including, but not limited to,  a purchase of virtual in-game items, upgrades, participation in, or other similar certain Service activities.  Any applicable fees are displayed on the Service in connection with the respective feature of the Service. Millstream Games does not give any warrant that feature specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your payment method prior to our cancellation, we will issue a credit to you in the amount of the charge. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Service.

You may pay using the methods available for the particular services, which may include credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Service using your provided payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen.

We may manage, regulate, modify, control or eliminate Virtual Items at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party. Please note that Virtual Items are not transferable, and that we are not responsible for any Virtual Items that are lost, damaged, deleted or otherwise used inappropriately, or for game play interruptions or premature game termination, regardless of cause, that result in Virtual Items being spent.

Provision of Virtual Items is a service that Millstream Games offers to you as a part of the Service. By paying the applicable fees you acknowledge and agree that our provision of the Virtual Items commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.

Any applicable fees and other charges are payable in advance and are not refundable in whole or in part. In particular, any payment for licenses for virtual items or redemption of third party virtual currency is always final and non-refundable.

We reserve the right to change the pricing for the goods and services offered through the Service, including the Virtual Items, at any time. Unless prohibited by law, you acknowledge that we are not obligated to provide any refunds for any reason. You acknowledge and agree that you will not be entitled to receive money or other compensation for unused Virtual Items when the Service is terminated or suspended for any reason, regardless of whether such termination or suspension was voluntary or involuntary.

You are solely responsible for any costs you incur to access the Service through any internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.

2.4. USER CONTENT

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Millstream Games in accordance with its Privacy Policy. Millstream Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3. USER CONTENT

3.1. CONTENT SCREENING

Millstream Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Millstream Games does not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.

If at any time Millstream Games chooses, in its sole discretion, to monitor the Service, Millstream Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. INFORMATION USE BY OTHER MEMBERS OF THE SERVICE

3.2.1. RESPONSIBILITY FOR YOUR OWN CONTENT

You are solely responsible for any text, images, communications and other data and content that you post on the Service. Millstream Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Millstream Games violates these Terms of Service.

Under no circumstances will Millstream Games be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

3.2.2. PUBLIC DISCOURSE

The Service may include various forums and blogs where you can post User Content, including your observations and comments on designated topics. Millstream Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Millstream Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.3. USER INTERACTIONS

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Millstream Games games. Millstream Games reserves the right, but has no obligation, to become involved in any way with these disputes.

3.4. MILLSTREAM GAMES' RIGHTS TO USER CONTENT

You hereby grant to Millstream Games a perpetual, irrevocable, transferable, fully paid-up, non-exclusive, royalty-free, worldwide license with the right to sublicense, copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You further hereby grant to Millstream Games unconditional, irrevocable right to authorize others to exercise any of the rights granted to Millstream Games under these Terms of Service. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Millstream Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Millstream Games has no obligation to monitor or enforce your Intellectual Property Rights in or to your User Content.

4. SERVICE UPDATES

You understand that the Service is under constant development.  Millstream Games may require that you accept updates to the Service and to Millstream Games' games you have installed on your computer or on any other device. You acknowledge and agree that Millstream Games may update the Service and Millstream Games games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Millstream Games' games.

5. DISCLAIMER OF WARRANTIES

Without limiting Millstream Games' liability under section 6 below, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Millstream Games does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the game or the Service are free of viruses or other harmful components.

6. LIMITATION OF LIABILITY

Millstream Games shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other legal theory, and whether or not Millstream Games has been advised of the possibility of such damages. Millstream Games shall not be liable to you for more than the amount you have paid to Millstream Games in accordance with these terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Millstream Games during such time period, your sole remedy (and Millstream Games exclusive liability) for any dispute with Millstream Games is to stop using the Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Millstream Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Millstream Games' liability shall be the minimum permitted under such applicable law. In particular, nothing in these terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Millstream Games.

You agree to indemnify, defend and hold Millstream Games harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service.

7. DISPUTE RESOLUTION AND APPLICABLE LAW

If a dispute arises between you and Millstream Games, we strongly encourage you to first contact us directly through www.millstreamgames.com. You agree that all disputes between you and Millstream Games shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Millstream Games must be resolved exclusively by a court located in Helsinki, Finland. If provided under applicable consumer protection law, you are entitled to bring action in the court of first instance of your domicile.

8. SEVERABILITY

You and Millstream Games agree that if any portion of these Terms of Service or of the Millstream Games Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

9. GENERAL PROVISIONS

9.1. ASSIGNMENT

Millstream Games may assign or delegate these Terms of Service and/or the Millstream Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Millstream Games' prior written consent, and any unauthorized assignment and delegation by you is ineffective.

9.2. SUPPLEMENTAL POLICIES

Millstream Games may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

9.3. ENTIRE AGREEMENT

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Millstream Games Privacy Policy), contain the entire understanding of you and Millstream Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

9.4. NO WAIVER

The failure of Millstream Games to require or enforce strict performance by you of any provision of these Terms of Service or the Millstream Games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Millstream Games' right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Millstream Games of any provision, condition, or requirement of these Terms of Service or the Millstream Games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Millstream Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a representative of Millstream Games.

9.5. NOTICES

We may notify you via postings on the Service, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Millstream Games Privacy Policy shall be in writing and addressed via email to support@millstreamgames.com. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

9.6. EQUITABLE REMEDIES

You acknowledge that the rights granted and obligations made under these Terms of Service to Millstream Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Millstream Games and which cannot be replaced by monetary damages alone so that Millstream Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Millstream Games game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6 (if any).

9.7. FORCE MAJEURE

Millstream Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Millstream Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Millstream Games' control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.