Welcome to Card Hunter!
Please read the following TERMS OF SERVICE carefully:
Introduction:
Blue Manchu Pty Ltd, owns and operates the Card Hunter (the “Game”) online computer game. Card Hunter is a free-to-play online collectible card game where users can play single or multi-player campaigns within which they control heroic adventurers who battle malevolent beasts and foil plots that threaten the fair land of Cardhuntria.
Cardhuntria is a dangerous land. Therefore, it is the sworn duty of every Card Hunter player to deter treacherous elements from further encroaching upon its borders. In order to make Card Hunter a safe and friendly forum for game play, we at Blue Manchu require that our users abide by our Terms of Service (the “Agreement”).
For purposes of this Agreement “You” and “your” mean the player. By using the Game You signify that You have read, understand and agree to be bound by these Terms of Service and the accompanying Privacy Policy. We reserve the right, in our discretion, to change, modify and delete provisions of our Terms of Service and Privacy Policy at any time. If we do so, we will post the changes on this page or email You a notice, in each case indicating the effective date. Your continued use of the Game after notice constitutes your acceptance of the modified Terms of Service or Privacy Policy. If You do not agree to abide by these or any future Terms of Service, You are not permitted to use or access the Game.
Minimum Age of Player:
You must be at least 13 years old to use the Game. If Blue Manchu learns that You are younger than 13, Blue Manchu will cancel your account.
Game Content:
You acknowledge that Blue Manchu and its licensees own all rights, title and interest in all content on the Game (except “User Content,” as defined below), including but not limited to the Game’s design, text, graphics and files, and their selection and arrangement (the “Game Content”), and You agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by Blue Manchu. Any use of the Game Content or User Content not authorized by Blue Manchu is prohibited.
User Content:
You are solely responsible for the content You create, including any content You elect to transmit to or make available for viewing by other users, as well as all images and other content that You publish or display on or by using the Game (collectively the “User Content”). You understand and agree that Blue Manchu may review, edit and remove any User Content that in its sole judgment violates these Terms of Service or creates other problems; but You also acknowledge that Blue Manchu has no obligation to do so and makes no promise that it will.
Although You retain ownership of your User Content, by posting it on the Game and electing to make it viewable by users and others, You grant Blue Manchu and its affiliates and users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to copy, perform, display, adapt, incorporate, reformat, translate, excerpt, distribute and in all other respects use such User Content (including without limitation on the Game, on other Game related media and advertising, and as compiled into collections sold or distributed electronically or in print), and to sublicense these rights to third parties, throughout the world, even after You cancel your membership, except that rights to continue displaying and using your member profile terminates when You terminate membership (subject to limited holdover rights – see our Privacy Policy for further details).
Rules of User Content:
You agree that You may only use the Game for your own personal and non-commercial purposes and that You shall not upload, post, transmit, publish, cause the display or performance of, or otherwise make available any content that:
– is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
– is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
– is illegal;
– is tortious, defamatory, libelous or violates anyone’s privacy or publicity rights;
– infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
– You do not have a right to make available under law or contractual or fiduciary relationships;
– includes copyrighted materials for which You do not possess appropriate rights to so display, perform or otherwise make available;
– bears any false, disguised or misleading origin;
– contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
You also agree that You will not use the Game to do any of the following:
– harass or promote harassment of another person or entity;
– perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations;
– provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
– impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
– transmit unsolicited mass mailings or “spam;”
– collect or store any information about other users or members, other than in the normal course of using the Game for their intended purpose of facilitating voluntary communication among users;
– transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
You may not do any of the following with or to the Game:
– use the Game in any manner that could damage, disable, overburden, disrupt or impair the Game or any Blue Manchu server, or the network(s) connected to any Blue Manchu server, or interfere with any other party’s use and enjoyment of the Game;
– disobey any applicable policies or regulations of networks connected to the Game;
– modify, adapt, translate or reverse engineer the Game;
– use any robot, spider, search/retrieval application, or other device to retrieve or index any portion of the Game;
– frame the Game or reformat them in any way; or
– create user accounts using any automated means or under false pretenses.
If You use the Game, You may be exposed to User Content that You find offensive or objectionable. Blue Manchu does not control any of the User Content. You understand that any User Content sent through or appearing on the Game is the sole responsibility of those persons transmitting such User Content. Blue Manchu will use its discretion and best efforts to remove content that is flagged as inappropriate or offensive, however, You agree that you will not hold Blue Manchu liable for any inappropriate or offensive User Content found in the Game.
Under no circumstances will Blue Manchu or its Third Party Providers be liable for any errors or omissions in any User Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any User Content sent through or appearing in the Game.
Privacy Policy:
Please follow the following URL to be directed to the Blue Manchu Privacy Policy (http://www.cardhunter.com/privacy/). Note that your use of the Game indicates your consent to abide by the terms of the Blue Manchu Privacy Policy.
Password & Account Security
You agree and understand that You are responsible for maintaining the confidentiality of any password associated with any account You use to access the Game. You are fully responsible for all activities which occur under your password or account. You agree to (a) immediately notify Blue Manchu of any unauthorized use of your password or account or any other breach of security, and (b) ensure that You exit from your account at the end of each session. Blue Manchu cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Blue Manchu Copyright and Trademark Information
This Game and its Game Content are Copyright © 2013 Blue Manchu Pty Ltd. All Rights Reserved.
All trademarks, logos, trade dress and service marks on the Game are trademarks of Blue Manchu or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.
Copyright Policy
It is Blue Manchu’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If You believe that any of the content or materials appearing on this Game contains infringing materials or infringing property, please send a notice to us at the address below.
Your notice should contain the following:
– a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed;
– identification of the content or material claimed to be infringing;
– a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference;
– the address, telephone number or email address of the claimant;
– a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
– and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By email: support@bluemanchu.com (Attn: Copyright Agent).
Links and References to Unrelated Parties:
This Game may contain links to sites operated by unrelated parties. These links are provided for your convenience and reference only. Blue Manchu does not control these links and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.
This Game may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user’s reliance on or exposure to information obtained from or contained on the Game. Rather, You are responsible to evaluate the information, advice, and other content available through the Game, and any products, services or firms referenced here.
In addition, links to advertising that has not been approved by Blue Manchu may be embedded in third party content displayed on the Game. Blue Manchu is not responsible for any content, cookies, or other technology used in connection with such advertising.
If You decide to leave the Game and access these third-party sites, You do so at your own risk. In particular, You should review the Terms of Service and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.
Fees/Payment:
Some of the services on the Game require payment of fees. See the PayPal Acceptable Use Policy at the following URL: https://cms.paypal.com/us/cgi-bin/?cmd=_render-content&content_ID=ua/AcceptableUse_full. You agree to pay all applicable fees. You acknowledge and agree that any applicable fees and other charges for fee-based services are payable in advance and not refundable in whole or in part. Blue Manchu reserves the right to change its prices and to institute new charges at any time, upon prior notice to users, which may be sent by email or posted within the Game or on the Card Hunter website. You authorize Blue Manchu, directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information. You are fully liable for all charges to your account, including any unauthorized charges.
Use of Pizza:
Pizza is in-game currency You receive by completing payment through the billing section the Game. You may use Pizza to purchase items in the Game. Pizza has no expiration date. Use of Pizza for any purposes other than those authorized on the Card Hunter website or the Game, whether online or offline, is a violation of these Terms of Service. Blue Manchu has the absolute right to manage, regulate, control, modify and/or eliminate Pizza purchased items as it sees fit at its sole discretion. Blue Manchu will have no liability to You based on its exercise of such right. Pizza is not subject to refund, nor does it have “real cash” value. Regardless of the consideration offered or paid in exchange for the Pizza purchased items, You do not have any ownership rights in the Pizza purchased items.
Virtual Goods:
Blue Manchu reserves the right to manage, regulate, control, modify and/or eliminate the Game and all aspects of the Game, including but not limited to: game characters, items, points, and Pizza (collectively, the “Virtual Goods”) therein. All Virtual Goods remain property of Blue Manchu. Blue Manchu may, in its sole discretion, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). Virtual Goods represent a limited license right governed by the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Blue Manchu at any time.
Account Ownership: Your account is entirely for your own, personal, use. You agree not to use your account for commercial purposes. Your account is non-transferable, and may not be sold to third parties. Sale or transfer of your account to is subject to termination pursuant to the terms of this Agreement.
YOU AGREE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST BLUE MANCHU, ITS PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, OR ANY EMPLOYEES OF ANY OF ABOVE, WHICH IS RELATED TO OR BASED ON, INCLUDING BUT NOT LIMITED TO; (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL GOODS IN ANY GAME, (II) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS IF BLUE MANCHU DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) WITH A REASONABLE CAUSE AT BLUE MANCHU’S SOLE DESCRETION, (III) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS THAT YOU MAY LOSE IF BLUE MANCHU DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS AGREEMENT, THE APPLICABLE GAME’S USER AGREEMENT AND SOFTWARE LICENSE, PROHIBITED USE, TERMS OF SERVICE AND/OR BLUE MANCHU’S PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR “BUGS” IN THE GAME OR ANY BETA VERSION OF THE GAME, (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT BLUE MANCHU HAS MADE OR WILL MAKE.
Rules for Beta Testing:
As a beta tester, You are invited to play the beta versions of the Game for the sole purpose of evaluating the Game and identifying errors. Nothing in this Terms of Service, or on the Card Hunter website, shall be construed as granting You any rights or privileges of any kind with respect to the Game or any content that You find there. The beta versions of the Game are provided for testing on an “as-is” basis. Blue Manchu makes no warranty, of any kind, express or implied, regarding any beta versions of the Game.
When playing some beta versions of the Game, You may accumulate characters, items, experience points, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular version of the Game completes a testing phase. In this case, all player history and data may be erased. Exceptions to erasure of player history and data may be made at Blue Manchu’s discretion.
By playing a beta version of the Game, You agree that: (i) playing a beta version is at your own risk and that You know that the version may include known or unknown bugs, (ii) any value or status indicators that You achieve through game play may be erased at any time, (iii) Blue Manchu has no obligation to make these versions available for play without charge for any period of time, nor to make them available at all, (iv) these versions may be available only by subscription once the testing process is complete or at any time in the future; and (v) these Terms of Service apply to your use of the beta versions of the Game during the testing phase.
Beta Test accounts are non-transferable under any circumstances.
Service Interruption:
Blue Manchu reserves the right to interrupt the Game’s services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You acknowledge that the Game may encounter service interruptions for reasons beyond the control of Blue Manchu, and Blue Manchu cannot guarantee that You will be able to access the Game whenever You may wish to do so. Blue Manchu shall not be liable for any service interruption of the Game, delay or failure to perform resulting from any causes beyond its reasonable control.
Interstate and International Use:
Users in the European Union consent to the collection and processing of personal information, as described in these Terms of Service, in the United States. All users understand the potential cross-border nature of communications made using the Game, and acknowledge that using the Game may result in interstate and international transmission of data.
Special Admonitions for International Use
Recognizing the global nature of both the Internet and telecommunications networks, You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
Disclaimers
THE GAME AND CONTENT ARE PROVIDED “AS-IS” AND BLUE MANCHU DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Blue Manchu is not responsible for any incorrect or inaccurate content – including User Content – posted on the Game regardless of the cause or source, or for the conduct, online or offline, of any user of the Game. Without limiting the above, Blue Manchu assumes no responsibility for:
– any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user postings or communications;
– problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any part of the Game;
– injury or damage to users’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Game.
Under no circumstances will Blue Manchu be responsible for any loss or damage resulting from anyone’s use of the Game, any Content posted on the Game or communicated to members, or any interactions between users of the Game, online or offline. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to You.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE MANCHU WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BLUE MANCHU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GAME; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GAME; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITHIN THE GAME; (v) DELAY OR FAILURE IN THE DELIVERY OF A MESSAGE, OR (vi) ANY OTHER MATTER RELATING TO THE GAME. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to You.
Governing Law and Venue:
If there is any dispute about or involving the Game, You agree that the dispute will be governed by the laws of Australia as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the courts of New South Wales and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that Blue Manchu may bring suit against You in any court that has jurisdiction over your person or property. Any cause of action by You with respect to the Game must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnification: You agree to indemnify and hold Blue Manchu and its affiliates, subsidiaries, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys’ fees) arising out of or in connection with your use of the Game, your violation of these Terms of Service, your User Content, or your violation of the rights of a third party or any law.
Termination of Access to Game; Consequences of Violation of Terms of Service:
Blue Manchu reserves the right to terminate your privilege to use the Game at any time for any reason. Blue Manchu, in its sole discretion, may stop offering and/or supporting the Game at any time. In addition, Blue Manchu shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Service; (ii) remove a user or users from the Game, or otherwise terminate any use of the Game if Blue Manchu determines in its sole discretion that such use is unlawful and/or prohibited by these Terms of Service; and (iii) inform law enforcement of any illegal activity or material Blue Manchu suspects or discovers on, through, or otherwise relating to the Game and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.
Miscellaneous
These Terms of Service, the accompanying Privacy Policy, and any other Blue Manchu policies (including payment of fees) that expressly apply to the Game, constitute the entire agreement between You and Blue Manchu regarding the use of the Game and supersede any prior agreements between us on the same subject. Blue Manchu’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held invalid, the remaining terms shall continue in full force and effect.
Reporting a Violation
Please report any violations of the Terms of Service to: support@cardhunter.com.
Questions?
If You have questions about our Terms of Service or Privacy Policy, please contact us at: support@cardhunter.com
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