1. About the Game and these Terms

Fantasy Strike (“the Game”) is an online competitive fighting computer game developed and operated by Sirlin Games, LLC (“Sirlin Games”). Fantasystrike.com (“the Site”) is also developed and operated by Sirlin Games. You must accept these Terms of Use (“the Terms”) in order to sign up for, download, and play the Game and participate on the Site.

In accepting these Terms when you sign up for a Fantasy Strike account, you acknowledge that you have read, understand and agree to the Terms.

These Terms include both the Game’s End User License Agreement (the “EULA”), which can be found here, and the Fantasy Strike Privacy Policy here. Your rights to use the Game software are defined in and subject to the terms and conditions of the EULA. The collection, protection, and use of your personal information are covered in the Privacy Policy.

The Site and the Game are available solely for individual, non-commercial, entertainment purposes only, and for use only by players in accordance with the terms and conditions set forth in this Agreement.

These Terms may be modified by Sirlin Games at any time. Your continued use of the Game and the Site signifies your continued consent to the Terms.

2. Your Account

Playing the Game as well as participating on the Site (such as posting in the forums) requires you to create an Account by providing Sirlin Games with certain personal information. You agree that you will supply accurate and complete information to Sirlin Games. All of the information you provide to Sirlin Games will be governed by the terms and conditions of this Agreement and by our Privacy Policy.

When you first create an account on the Site, you will be asked to select a unique username and password. You will use this username and password each time you login to the Site. You should not share your login information with anyone, and you are entirely responsible for maintaining the confidentiality of your login information. Please notify Sirlin Games immediately if you believe your account information has been compromised.

The Site and the Game are not directed at players under 13 years of age, nor does Sirlin Games knowingly collect information from players under 13 years of age. If you are under 13, please do not submit any personally identifiable information to Sirlin Games. You may not purchase, sell, give away, or trade any Account.

Failure to comply with these terms may result in suspension or termination of your Account. Sirlin Games reserves the right to suspend, terminate, modify, or delete your account at any time for any reason or no reason, with our without notice to your, and with no liability of any kind to you.

3. Our Rules of Play

Don’t harass, threaten, or stalk other players.

Don’t pretend to be someone you’re not. That includes impersonating someone from the Sirlin Games team. Do not create usernames that are misleading.

Don’t post personally identifying information about yourself on the Site or in the Game.

Don’t post any content on the Site or in the Game that may be deemed offensive. This includes, but is not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable. The staff of Sirlin Games is the sole authority on content that may be found offensive.

Don’t transmit or facilitate the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb or other computer programming routines that are intended to and/or actually damage, interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.

Don’t use any unauthorized third party programs, including but not limited to “mods,” “hacks,” “cheats,” “scripts,” “bots,” and automation programs, that interact with the Site or the Game in any way, for any purpose.

Don’t access or attempt to access areas of the Game or Game servers that have not been made available to the public.

IV. Video Policy and Use of Intellectual Property
If you have Fantasy Strike stories to tell, especially in video form, we’re all for it! But please follow these guidelines.

Non-Commercial Use. Use of Fantasy Strike content in videos must be for non-commercial use. This means you cannot charge users to view or access your Fantasy Strike related videos. You also can’t sell or license any Fantasy Strike videos to others for payment of any kind.

Monetizing ads. You may run ads or other revenue generating streams via the YouTube Partner Program or similar programs on other video sharing sites that don’t interfere with a user’s access to the video.

Sponsorships. You may display a sponsor’s logo at the beginning of the video, in the credits, or as a shout out during the video. Please keep sponsor mentions to a reasonable, minimal length and make it clear (either by mentioning a sponsor or a “sponsored by” with their logo) that they are acting as a sponsor only (and a sponsor for you, not for Fantasy Strike).

Fantasy Strike and Sirlin Games logos. Do not use the Fantasy Strike and Sirlin Games logos without express written consent from Sirlin Games. The only exception to this is that you may use the Fantasy Strike logo as it appears on a game screen (e.g. on the main menu) in any video content you create (e.g., for YouTube or Twitch streams).

4. A Bunch of Legal Junk

  1. Changes
    Sirlin Games reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sirlin Games may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  2. Termination
    Sirlin Games may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your company_domain account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  3. Disclaimer of Warranties
    The Website is provided “as is”. Sirlin Games and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sirlin Games nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  4. Limitation of Liability
    In no event will Sirlin Games, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sirlin Games under this agreement during the twelve (12) month period prior to the cause of action. Sirlin Games shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  5. General Representation and Warranty
    You represent and warrant that (i) your use of the Website will be in strict accordance with the Sirlin Games Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  6. Indemnification
    You agree to indemnify and hold harmless Sirlin Games, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  7. Miscellaneous
    This Agreement constitutes the entire agreement between Sirlin Games and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sirlin Games, or by the posting by Sirlin Games of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sirlin Games may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This document is CC-BY-SA. It was last updated June 30th, 2016.