Terms & Conditions - Quartzbloom Game Development

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Quartzbloom regarding your use of our website, services, and any related applications or features. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you do not agree with any provision of these Terms and Conditions, you must immediately discontinue your use of our services. Your continued use of our services following any modifications to these terms constitutes your acceptance of such modifications.

These Terms and Conditions supplement and do not replace our Terms of Service, Privacy Policy, and any other legal agreements or policies posted on our website. In the event of any conflict between these documents, these Terms and Conditions shall prevail.

User Obligations and Responsibilities

Legal Compliance

As a user of our services, you agree to comply with all applicable laws, regulations, and ordinances, including but not limited to:

1. Federal, state, and local laws of the United States and your country of residence
2. Intellectual property laws, including copyright, trademark, and patent protections
3. Privacy and data protection regulations applicable to your jurisdiction
4. Export control laws and regulations
5. Anti-spam and communication regulations

Prohibited Activities and Behaviors

You expressly agree not to engage in any of the following prohibited activities:

1. Using our services for any unlawful purpose or to facilitate violation of any law or regulation
2. Attempting to gain unauthorized access to our systems, networks, or user accounts
3. Transmitting viruses, malware, or any code of a destructive nature
4. Collecting or harvesting any personally identifiable information from our services
5. Engaging in automated data collection or scraping without express written permission
6. Impersonating any person or entity or misrepresenting your affiliation with any person or entity
7. Interfering with or disrupting the integrity or performance of our services
8. Attempting to decipher, decompile, disassemble, or reverse engineer any software comprising our services

Content Guidelines and Restrictions

When submitting any content through our services, you agree not to submit content that:

1. Is defamatory, obscene, pornographic, vulgar, or offensive
2. Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
3. Violates any intellectual property or other proprietary rights of any party
4. Contains software viruses or any other computer code designed to interrupt, destroy, or limit functionality
5. Promotes illegal activities or conduct that is abusive, threatening, obscene, or libelous

Age Requirements

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you are of legal age to form a binding contract with Quartzbloom. If you are under 18, you may use our services only with the involvement and supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

User Indemnification Obligations

You agree to defend, indemnify, and hold harmless Quartzbloom, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

1. Your use of and access to our services
2. Your violation of any term of these Terms and Conditions
3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right
4. Any claim that your content caused damage to a third party
5. Your violation of any laws, rules, or regulations

This indemnification obligation will survive the termination of these Terms and Conditions and your use of our services. You agree that we shall have the right to control the defense of any such claim, action, or proceeding.

Privacy and Data Protection Responsibilities

By using our services, you acknowledge and agree that:

1. You have read and understood our Privacy Policy and Cookie Policy
2. You consent to the collection, use, and disclosure of your information as described in our Privacy Policy
3. You are responsible for maintaining the confidentiality of any account credentials
4. You will provide accurate, current, and complete information when requested
5. You will promptly update any information to maintain its accuracy

You understand that providing false or misleading information may result in termination of your access to our services and potential legal consequences.

Third-Party Interactions and Services

Our services may contain links to third-party websites, applications, or services that are not owned or controlled by Quartzbloom. You acknowledge and agree that:

1. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services
2. Your interactions with third-party organizations found on or through our services are solely between you and such organizations
3. You are responsible for reading and understanding the terms and privacy policies of any third-party services you choose to use
4. We are not liable for any loss or damage incurred as a result of any dealings with third parties

We strongly advise you to review the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

Disclaimers, Warranties, and Liability Limitations

Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, QUARTZBLOOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

No Guarantee of Results

We do not warrant or guarantee that our game development services will result in any specific outcomes, market success, user engagement levels, revenue generation, platform acceptance, or other results. Game success depends on numerous factors beyond our control, including market conditions, platform policies, user preferences, timing, competition, and creative execution.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUARTZBLOOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

1. ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
2. ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
3. DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
4. DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
5. DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT

Consequential Damages Exclusion

UNDER NO CIRCUMSTANCES SHALL QUARTZBLOOM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, OR ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.

Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO QUARTZBLOOM IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Force Majeure

We shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in the federal or state courts located in San Francisco County, California.

Jurisdiction and Venue

You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco County, California for all disputes arising out of or relating to these Terms and Conditions or your use of our services. You waive any objection to jurisdiction and venue in such courts.

Dispute Resolution Procedures

Before initiating any legal action, you agree to first attempt to resolve any dispute informally by contacting us directly. We commit to working with you in good faith to reach a mutually satisfactory resolution. If informal resolution is not successful within thirty days, either party may pursue formal legal remedies.

Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND QUARTZBLOOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

General Legal Provisions

Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Terms of Service, and any other legal notices published by us on our services, constitute the entire agreement between you and Quartzbloom concerning your use of our services. These terms supersede any prior agreements or understandings between you and us regarding the subject matter herein.

No Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Assignment Rights

You may not assign, transfer, or sublicense these Terms and Conditions or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may freely assign these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Terms Modification Policy

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after revisions become effective, you agree to be bound by the revised terms.

Survival of Terms

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Quartzbloom

Terms and Conditions