Terms of Service:
Last updated: 12th April 2020
Thanks for playing our games! Please find the terms that shall govern the relationship between you and Sand forge games regarding your use to our websites, games and services.
We periodically may update these Terms of Service. If the update included any material change, we will notify you through any of our products/services before the change becoming effective. By continuing the use of our services, you will be deemed to have accepted such changes.
Prohibited uses, Suspension and Termination:
By accessing and using our services, the following restrictions apply:
You shall not use our services if you are under the age of 13.
You shall not sell, rent, purchase or give away your account.
You shall not create an account using a fake identity.
You shall not use your account for non-commercial purposes such as engaging in promotion and advertisement in our services.
You shall not take part in using cheats, hacks, bots and exploits.
You shall not disrupt the normal flow of the service or act in a manner that negatively affects other users’ experiences in a way not intended by the service.
You shall not disrupt the services by overburdening the servers or by gaining unauthorized access to the server.
You shall not post any information that is abusive or offensive or generally engage in any toxic behavior. You cannot post any information that contains nudity, excessive violence or offensive subject.
You shall not harass, abuse or harm any person or group.
You shall not post any material or information that infringes any trademarks, copyrights or any other rights.
You shall not reverse engines, decompress or extract the source code/files for any of Sand forge games’ products.
You shall not attempt to solicit login in credential from other users.
Sand forge games has the right to take disciplinary actions which may include the termination of your account if you we found that you are in violation of these Terms of Service.
If your account got terminated Sand forge games shall not be required to provide refunds, benefits or other compensations.
Game assets and intellectual property: Sand forge games owns all the rights of any asset used in any of its games that includes but not limited to art, music, computer code, characters and names.
Accounts: You shall have no ownership in the account and all rights to the account are owned by Sand forge games.
Virtual items: You shall have no ownership in any of the virtual items that are found in any of our services and all rights of those items are owned by Sand forge games.
The Services may contain chat rooms, profiles, forums and other features of interactivity between users that allows users to post messages or other materials to other users.
Any material of information posted by you should comply with these Terms of Service and by posting you agree that we may use your content for any purpose in connection with the services without any obligation to you. We also have the right to screen or delete any post without giving prior notification.
In the service you have the option to purchase virtual goods. the following restrictions apply to those purchases:
You are only allowed to purchase any virtual goods that are used in any of our games/services from Sand forge games or any of its authorized partners.
You are not allowed to sell, trade or give out any virtual goods through means not allowed in the service.
All Purchases of virtual goods made through the service are final and non-refundable.
You agree to pay all fees incurred by you or anyone using an account registered to you.
Changes to the service:
We may update the service from time to time. You acknowledge that Sand forge games may update the service without notifying you.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability:
As a condition of use of the service, and in consideration of the services provided by Sand forge games, User agrees that neither Sand Forge games, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Sand Forge games, will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of the service or web Site Content.
SAND FORGE GAMES, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WARLANDERS/OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WARLANDERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WARLANDERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SAND FORGE GAMES, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SAND FORGE GAMES, HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO SAND FORGE GAMES, IF ANY, FOR THE PAST 6 MONTHS OF THE SERVICES IN QUESTION.
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 Sand Forge 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 Sand Forge 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 SAND FORGE GAMES.
You agree to indemnify and hold Sand Forge Technology and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable Lawyers’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the App, your use of the App/Service, your connection to the App/Service, your violation of the Terms, your intentional or negligent violations of any applicable laws or governmental regulation, your contractual relation with a third party, or your violation of any rights including but not limited to rights relating to patent or copyright of another.
In case of any dispute, you agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Kuwait and in accordance with The Commercial Reconciliation and Arbitration System of the Kuwait Chamber of Commerce and Industry Regulations.
Waiver, Severability & Assignment:
Sand Forge Games’ failure to enforce a provision at any time is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Sand Forge Games may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest, to continue the Services.
Sand Forge Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Sand Forge Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Sand Forge 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 contents.
These Terms shall be governed by and construed in accordance with laws of Kuwait, without regard to its choice of law provisions.