1. Terms
By playing ScarQuest (this App) and accessing manastorm.tech, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using this App. The materials contained in this App is protected by all applicable copyright and trademark law.
The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.
2. Use License
2.1. The permission of playing this App granted to you in this Agreement are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App;
(b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(c) You shall not access any App in order to build a similar or competitive service or application;
(d) Except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
2.2. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use.
2.3. You agree not to:
(a) Use the Service for any illegal purpose or in violation of any laws;
(b) Interfere with or disrupt the Service or servers or networks connected to the Service;
(c) Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software;
(d) Engage in any behavior that could be considered harassment, abuse, or hate speech;
(e) Attempt to gain unauthorized access to the Service or other users' accounts;
(f) Use the Service to advertise or solicit, or transmit commercial advertisements;
2.4. You shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
2.5. We reserve the right to revoke this license at any time for any reason.
3. Disclaimer
This App is provided on an ‘as is’ basis. Manastorm Studios makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights;
Manastorm Studios reserves the right, at any time, to modify, suspend, or discontinue this App or any part thereof with or without notice. You agree that Manastorm Studios will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof;
This App provides to you is licensed to you and not sold. Manastorm Studios (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The Manastorm Studios name, logo, and the product name associated with this App belong to Manastorm Studios (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Manastorm Studios (and its licensors, where applicable) reserve all rights not granted in this Agreement.
Manastorm Studios does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials from this App on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MANASTORM STUDIOS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, INCLUDING, WITHOUT LIMITATION:
(a) LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES;
(b) YOUR INABILITY TO USE THE SERVICE OR ACCESS DIGITAL ASSETS;
(c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(f) ANY LOSSES RESULTING FROM ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE;
(g) ANY LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE ANY DIGITAL ASSETS OR ITEMS PURCHASED THROUGH THE SERVICE.
IN NO EVENT SHALL MANASTORM STUDIOS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MANASTORM STUDIOS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100.00).
5. User Content
“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the acceptable usage (determined by Manastorm Studios). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Manastorm Studios. Manastorm Studios is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
6. Indemnity
You agree to defend, indemnify and hold harmless Manastorm Studios (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of this App, (ii) your User Content, or (iii) your violation of this Agreement. Manastorm Studios reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Manastorm Studios and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Manastorm Studios. Manastorm Studios will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Third Parties
Application Stores. You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Manastorm Studios and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
Manastorm Studios may permit certain third party applications (like leaderboards, game networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, Manastorm Studios will share information with the Third Party Service as described in the Manastorm Studios Privacy Policy. Manastorm Studios is not responsible for and does not control Third Party Services. Manastorm Studios provides these Third Party Services only as a convenience to you. Manastorm Studios has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services.
An App may contain User Content provided by other users of the App. Manastorm Studios is not responsible for and does not control User Content. Manastorm Studios has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that Manastorm Studios will not be responsible for any liability incurred as the result of any such interactions.
8. Fees
You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. Manastorm Studios may revise the pricing for the goods and services offered to you through the App at any time. YOU ACKNOWLEDGE THAT Manastorm Studios IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE APP
9. Our Services
9.1. General. We provide the ScarQuest game application, which users can play for free. Users of the Service may be able to mint certain Digital Assets as non-fungible tokens ("NFTs") on the blockchain. To access certain Services, including to purchase any Digital Assets, a user must connect a compatible digital wallet to the Service.
9.2. Updates. You understand that the Service is evolving. We may require you to accept updates to continue to use the Service. We may update the Service with or without notifying you.
10. Account Registration and Security
10.1. To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process.
10.2. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
10.3. You may be required to connect a cryptocurrency wallet to your account. You shall not share your account or wallet seed information, nor let anyone else access your account.
10.4. We reserve the right to remove or reclaim any usernames at any time and for any reason.
11. Intellectual Property Rights
11.1. The Service and its original content, features, and functionality are owned by Manastorm Studios and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2. You retain any rights to content you submit, post, or display on or through the Service. By submitting, posting, or displaying content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
12. Virtual Items and Cryptocurrency
12.1. The Service includes the use of cryptocurrency ("Scar"). Players have the right to own, store, and trade Scar subject to applicable laws and regulations.
12.2. You acknowledge that the value of Scar may fluctuate and that Manastorm Studios does not guarantee any particular value for Scar.
12.3. You are solely responsible for the security of your Scar and any wallet used to store it.
12.4. We may manage, regulate, control, modify, or eliminate virtual items at any time, with or without notice.
12.5. The transfer of virtual items is prohibited except where expressly authorized in the Service.
12.6. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE, except as required by applicable law.
12.7. You agree to comply with all applicable laws and regulations regarding the use and trading of Scar.
13. Applicable Law and Dispute Resolution
13.1. Applicable Law
13.1.1. The execution, validity, interpretation and performance of this Contract and the settlement of disputes under this Contract shall be governed by the law of Hong Kong.
13.1.2. If the terms of this Contract are in conflict with law of Hong Kong, the law of Hong Kong shall govern.
13.2. Dispute Resolution
13.2.1. Any dispute arising from or in connection with this Agreement shall first be resolved through friendly negotiations. If the dispute cannot be resolved within thirty (30) days after the start of negotiations, it shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with its then-effective arbitration rules.
13.2.2. The arbitration shall be conducted in Hong Kong. The arbitration award shall be final and binding on both parties. Each party shall bear its own costs and expenses in connection with the arbitration.
14. Termination
14.1. If you want to terminate these Terms, you may do so by closing your Account and discontinuing your use of the Service. We reserve the right to terminate or suspend your Account or access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
14.2. Upon termination, all rights granted to you under these Terms will immediately cease, but all provisions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14.3. We will detect whether players are using or participating in (directly or indirectly) cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service in game, during battles, outside the game, in exchanges, or in any other scenarios that may be related to the game. This includes win trading and any other kind of ranking manipulation, taking advantage of errors in the Service to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the Service. Manastorm Studios reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself, including terminating your Account and prohibiting you from using the Service in whole or in part.
15. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
16. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between Manastorm Studios and you in relation to your use of the Service, and supersede all prior agreements and understandings with respect to the same.
17. Changes to this Agreement
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting a notice on our website or through the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
18. Additional Terms and Conditions
We may add additional terms and conditions for specific services, such as promotions or special events. These additional terms and conditions will be disclosed to you in connection with the applicable service and will form part of these Terms.
By using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.
19. Contact Us
If you have any questions about these Terms, please contact us at admin@manastorm.tech.
LAST UPDATED: September 11, 2024