ABRAKAM™Legal Terms
ABRAKAM™ Terms and Conditions (Ts&Cs)
Getting Started
Terms and Conditions are important as they provide a canvas about pretty much anything related to our Game(s). The below summary will guide you through the various aspects of the terms but keep in mind that the full terms and conditions still apply.
- Our game(s) are usually made available during development and will contain errors and bugs.
- Do not redistribute our games or any alterations of our games or game files.
- You may develop tools, plug-ins and services as long as they do not seem official or approved by us, such as by using our logos.
Do not make commercial use of anything we've made without our permission. - We are trying to be open, honest and trusting with the hope that you hold us in the same regard.
Our game(s) each have their own end user license agreements which explain how our games can be used. Please read, print and save a copy of these terms and conditions for your records because a copy won’t be saved for you.
These terms and conditions are a legal agreement between you and us (Abrakam SA). These terms and conditions incorporate the terms of use for the abrakam.com and faeria.com websites ("Terms of Use"), our intellectual property usage guidelines, and our privacy policy. By agreeing to these terms and conditions you also agree to all parts of these four documents, so please read through them carefully. If you buy, download, use or play any of our games, you will also have to stick to the end user license agreement of that game. If you are young and you are having trouble understanding these terms and conditions, please ask a responsible adult such as your parent or guardian. Remember to check back here and on our Website once in a while as we may give notice and update these terms and conditions, which will be effective the next time you use the Website or your account.
Legal Jibber-Jabber that you must read, regrouped under Abrakam Policies:
- ABRAKAM™ TERMS OF USE
- ABRAKAM™ PRIVACY POLICY
- FAERIA® EULA
- FAERIA® INTELLECTUAL PROPERTY USAGE GUIDELINES
If you have any question regarding our legal terms or if you feel that we haven’t been specific enough, feel free to contact us at compliance@abrakam.com.
We would also like to thank our friends at Mojang and Riot Games for being the first companies to create user-oriented terms for the gaming industry. Our legal jibber-jabber is inspired by them.
ABRAKAM™ Terms of Use Last Modified: January 22, 2016 - 12:30 CET
These Terms of Use cover the ways our websites abrakam.com, faeria.com but also applies to your in game account (our "Portals") will be provided to you and may be used by you. It is important to us that all of the members of our community can enjoy using our Portals, so we've made these Terms of Use to set a few ground rules. We also want to make sure that people don't use our Portals in a way which might have a bad impact on our games or our brand. By visiting our Portals, you are agreeing to these Terms of Use, which makes a legal agreement between us both. If you don't agree with these Terms of Use, you should stop using the Portals.
Registration, Account & Password
The details you give us as part of the registration must be correct. You can change your registration details if they become out of date. If you deliberately tell us something that you know isn't true, we may terminate or suspend your account.
You might need to register with us to access all of the parts of our Portals. The username and password that you create and the activities occurring on your account are your responsibility, so please protect them and remember that our staff will never ask you to give out your password. You should change your password if you think someone whom you did not authorize knows what it is. Please note that we are not responsible if someone uses your password to do something on our Portals that you don't like or that causes you harm.
Rights of Use & Intellectual Property Rights
You are free to use our Portals as long as you stick to these Terms of Use. You can only use this Portals and its content for your personal use. Your permission to use this Portals is personal to you, so you can't give it to anyone else.
Don't forget that we still own the Portals and the content on it, but we are giving you permission to use it. We want you to enjoy using our Portals, but if we want, we can take away your permission to use our Portals at any time if necessary.
If you want to notify us that you believe someone is infringing your intellectual property on our Portals or services, please reach out at compliance@abrakam.com. If appropriate, we may terminate the accounts of users who are repeat infringers. We reserve the right to take down any content in our discretion.
Restrictions and obligations
You aren't allowed to hack, decompile or change our Portals at all and you mustn't do so. This includes the code or any content or data. Basically, you should just leave it as it is. You also aren't allowed to create any software or content that mimics our Portals or branding. We really don't want any of our community to get confused about which is the official Portals and which is a website that someone other than us operates.
Please don't use our Portals in a way which we might think is offensive, immoral or illegal, or makes other people feel uncomfortable. We don't want our Portals to be used in a way which upsets people.
You can't use our Portals for commercial purposes, and you aren't allowed to try to make money from using our Portals.
Forum and Communications
If we are running a forum, we are just allowing members of our community to put their thoughts on our Portals. It doesn't mean we represent or agree with those thoughts, and we can't be held responsible for what people post on our Portals.
If we happen to see a post that we think is offensive, we might take it down, but it's not our job to screen or moderate the posts people make. What we say about forums and posts also applies to anything which enables people to put any other content, views or material on our Portals or send it to others using the Portals.
If you are going to put something up on our Portals, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not put on our Portals include: posts that include racist or homophobic language; posts that are bullying; posts that are offensive or that damage our or another person's reputation; posts that include porn, advertising or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
If you put something you don't have the right to put on our Portals, you could get into a lot of trouble so please don't do it. You agree that whatever you post does not infringe anyone else's intellectual property or other rights.
If you post any content on our Portals, you must (and by doing so you actually do) give us permission to use, copy, modify, adapt, distribute and publicly display that content as part of our Portals and games. This permission is perpetual, worldwide and irrevocable. You also agree to let us permit others to use, copy, modify, adapt, distribute and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us this permission, then please do not post any content on our Portals. Please think carefully before you post any content, because it will be made public and might even be used by other people in a way you don't like.
We reserve the right to take down any content in our discretion.
Please watch out if you are talking to people on or through our Portals. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should always think twice about giving out information about yourself.
Liability and Governing Law
These Terms of Use do not affect any legal (statutory) rights that you may have under the law that applies to you for the Portals or anything you buy through the Portals. You might have certain rights which the law that applies to you says cannot be excluded. Nothing we say in these Terms of Use will affect those legal rights, even if we say something which sounds like it contradicts your legal rights. That's what we mean when we say "subject to applicable law".
SUBJECT TO APPLICABLE LAW, WHEN YOU USE OUR PORTALS OR SERVICES, YOU USE THEM 'AS IS'. THIS MEANS THAT WE ARE NOT MAKING ANY PROMISES TO YOU ABOUT THE STANDARD OR QUALITY OF OUR PORTALS. ITS CONTENT OR THAT OUR PORTALS WILL BE UNINTERRUPTED OR ERROR FREE. THIS MEANS THAT WE AREN'T RESPONSIBLE FOR ANY LOSSES YOU MAY SUFFER AS A RESULT OF YOUR USE OF OUR PORTALS.
The laws of the country where you have your habitual residence govern these Terms of Use and all disputes, including disputes relating to them, our Game, or our Portals, regardless of conflict of laws principles.
If we have linked our Portals to another website, it doesn't mean we have checked that website. It just means that we think it's interesting. We aren't responsible for websites linked to our Portals.
Purchases
You may buy games or in game items on our Portals, as well as other products from third-parties. In order to do this, our Portals is integrated with third party service providers. To buy some products shown on our Portals, you will have to leave our Portals and make the transaction on a third-party website. Aspects of those transactions are covered by our third party service providers, as well as these Terms of Use. We try to make sure the Portals only shows games or products that are available, but of course we can't guarantee that all of the games or products will always be available.
Price and Payment
The pricing and payment method are set out on our Portals, but we might change them every once in a while and we can refuse any form of payment if we want, and we can return payment to you without completing a transaction if the item paid for was posted or priced by mistake. You must always pay in the currency set out on our Portals, but your credit card company should be able to exchange your money if necessary. Your credit card company might do security checks to make sure it is really you making the order.
Returns, Refunds and Cancellation
If you can't use a game or a product because it doesn't work, let us know and we'll try to help you out.
The purchase of a game through our Portals provides you with a license to use the game that commences when the download of the game starts, following which you shall not be entitled to cancel your order for the game except if the law requires a cooling off period. For the purposes of such laws the game is digital content and by clicking "Purchase" you are expressly consenting to the game being made available to you straightaway and agree that this means you won't have a cooling off right. If you first downloaded the game to play in DEMO mode and later buy a license code, your license commences when you redeem the license code.
You or we may cancel your account at any time. When your account terminates, your rights under these Terms of Use terminate. The sections above with headings "Restrictions and Obligations" and "Liability" will survive termination.
Errors
We do what we can to make sure all of the information on our Portals is correct. However, sometimes there might be errors. We might also cancel or suspend a transaction if there has been an error.
Promotions
Sometimes we run promotions. If we do, the main rules of the promotion are below. There might be other rules relating to a particular promotion, but we will tell you about them when we tell you about the promotion. The main rules are:
- Only one promotion can be used at a time, and you can't use a promotion with another offer.
- Discounts are only valid until the date specified and they only apply to purchases made on the Portals.
- Discounts are not refundable.
- We may cancel or change a promotion at any time.
Wrapping-up
These Terms of Use describe certain legal rights. The laws of your state or country may give you other rights, including consumer rights, which these Terms of Use cannot change; if so, they apply as far as the law allows. Nothing excludes or limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
We may change these Terms of Use from time to time, if we have reason to. For example, there might be changes to our games, our practices, or our legal obligations. We'll inform you of the change before it takes effect, either by posting a notice on our Portals or some other reasonable way. If you use the Portals or your account after the change, that means you agree to the changes. If you do not agree to the changes, stop using the Portals. The changes will apply to your use of the Portals when you next use it.
If you come to us with a suggestion for any one of our Portals or games, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion. This does not mean we would never pay for valuable contributions, but it does mean we have no obligation to pay.
ABRAKAM™ Privacy Policy Last Modified: May 23, 2018 - 8:30 CET
We have your privacy and your data protection at heart. Our Privacy Policy will guide you through how we intend to use your data. If you have any question regarding our Privacy Policy or if you feel that we haven’t been specific enough, feel free to contact us at compliance@abrakam.com.
This privacy policy forms a part of the terms of use of any of our websites & games (“Terms of Use”) and the end user license agreement of our games (“EULAs”). When you agree to our Terms of use or EULAs you are also agreeing to this privacy policy, so it is important that you read it carefully. Agreeing with this privacy policy is a condition of the Terms of Use and EULA. This means, therefore, that if you do not agree with our privacy policy, you may not be able to play our games or use features in them and you may not be able to use our websites or parts of them. Sorry about that but we have taken this approach because there are a lot of people playing our games and using our site and it would be very difficult for us to keep track of who does and who does not agree to us using their data. We also depend on this data to enable us to continue to develop our games and websites in an efficient way. We hope you understand.
Please also check back here from time to time because we will update this privacy policy every once in a while. When we do, we will revise the "last updated" date at the top of the policy.
The Data we collect
When you register on one of our websites or buy one of our games, you will be asked to provide some information about yourself, such as your email address. You may also provide information about yourself, such as your name, when you use other parts of our website or games or when you contact us. When you use our website or games, we collect data about your visit. This includes traffic data, location data and communication data, when this data falls under "Personally Identifiable", we only collect, use, store and transfer ("processing") your personal information in accordance with applicable data protection legislation, including but not limited to (EU) General Data Protection Regulation (2016/679 - "GDPR") and applicable national data protection legislation.
In addition to the information that you provide when registering for our services, we may also collect data from other sources/companies (such as, but not limited to, Social Media companies, Marketing partners, or Public databases). We will always ask for your consent to give us details on your location data. You have a right to withdraw your consent at any time as described under Consent Withdrawal below.
Here is a list of the data that we collect:
- Email Address
- Username
- Country of Residence
- Age or DoB
- Name
- Password(s) created to access parts of the Services
- Nicknames on forums and in games
- Physical Address
- Telephone Number
- Payment Card information (or PayPal)
- Name and contact information for a business or organisation
- Profile and usage data. This includes the profile you create to identify yourself when you connect to our Services and internet protocol (IP) address and cookies that may uniquely identify your browser. It also includes other data about how you use our Services and games. We gather this data from devices you use to connect to those Services, such as computers and mobile phones, using cookies and other internet tracking software.
- Location data
- Platform type, such as distribution platform (for example, Steam, GOG, Paradox launcher) or hardware platform (PC, Android, iOS, Xbox, PlayStation 4)
- Preferred language
- Gender
- Information about your device, hardware and software Referral pages and page exit time Steam ID, PSN ID, Gamertag/Xbox ID, IDFA (iOS), Advertiser ID (Android) or other game platform IDs like IP address, Google Play Advertising ID, Windows Phone Device ID, Twitch user ID, GOG ID or MAC address.
- In-game activity including but not limited to what games you play, own, how you play, how often and for how long
- Game crash report(s) and error dump information from your device
- Activity carried out within our Paradox Launcher application, including install, uninstall, and update event information
- Multiplayer sessions, when these sessions were played and which players were in them
- Friend relations added to the Friends List in chat systems in games
Our Use Of Cookies
We also use internet cookies to collect information (like statistics) about your visit. An internet cookie is a small file which is placed on the device you use to access our website. Cookies also help us to know when you come back – and help you get going from the same point you left (or thereabouts).
If you do not want us to place any cookies on your computer or other device, please change your browser settings so that your browser rejects cookies. You should be aware that, if you do this, some parts of our website may not work properly. If you keep using our website without changing your browser settings, we will take this as your consent to us using cookies.
Some newer browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the websites you visit indicating that you do not wish to be tracked. Those sites (or the third-party content on those sites) may continue to engage in activities you may view as tracking even though you have expressed this preference, depending on the sites’ privacy practices. Because there is not yet a common understanding of how to interpret the DNT signal, Microsoft does not currently respond to the browser DNT signals on its own websites or online services.
What we do with your Data
We use the information we collect from you and from your use of our Services, to provide, maintain, protect and improve the Services and to develop new ones. Unless you have told us not to (opt out), we also use the information to offer you tailored content, like giving you more relevant ads and inform you about game releases that you might be interested in. We will not use your data for any other purpose than the purpose for which the data is originally collected. We may use your data to send you information about our games, or to inform you about using our websites. We may also use your data if we have to tell you about changes to our products or services, or if we have to let you know about things affecting our games, we may also get in touch with you.
The information we gather from cookies enables us to estimate the size of our community, to learn about how our community uses our website and games, to make the websites customisable and to remember you when you return to our website. This information enables us to understand how to improve our website and our games.
Sharing Data
We may provide your data to another member of our group of companies, or to companies that we work with (such as payment providers like Skrill or PayPal). Generally, we will not provide your data to unrelated third parties but we might have to in some circumstances. For example, we may disclose your data in order to comply with a law or regulation, in order to protect our games, or if we get taken over.
We may make it possible for you to post information on our website, for example, in a forum. If you choose to post information on our website, you should think very carefully beforehand. The information you post will be made public and could be used by other people.
Children
Our Services and games are not directed to children and we do not knowingly collect information from children under 13 years of age. From May 25, 2018, only children over 16 years old are allowed to open a Paradox Account. We strongly recommend parents or guardians to instruct their children to not disclose any data when online. Parents or guardians who are concerned about the transfer of data are welcome to contact us at compliance@abrakam.com. If we obtain actual knowledge that we have collected data from a child, we will promptly delete it, unless we are legally obligated to retain such data.
Accessing, changing, updating or deleting your Data
We have made it easy for our players to enforce their rights to Accessing, changing and updating your data. We have also made it easy to enforce your Right to Object to the Processing, Right to Erasure, Right to Restriction as well as Consent Withdrawal. For requests (and questions), please refer to this form.
Storage and Security of your Data
The transmission of data on the internet is not totally secure. We will always do what we think is best to protect your personal data, but we cannot guarantee that the data you send us is totally safe. Although we use strict procedures and security to protect your data, the possibility that someone could get unauthorised access to your data cannot be ruled out.
We will keep your information for as long as you are a player or a customer of Abrakam SA. We may keep your information for longer for research or statistical purposes. If we do, we will make sure your information is anonymised and non-traceable to you as a person. We will also keep it for longer if we cannot delete it for legal or regulatory reasons.
The data we collect may be stored and processed in Belgium or any other country where Abrakam SA or our affiliates, subsidiaries or service providers maintain facilities.
FAERIA® End User License Agreement (EULA) Last Modified: January 22, 2016 - 12:30 CET
Faeria® (the “Game”) is a free-to-play, session-based, multiplayer online strategy card game developed and operated by Abrakam SA (“Abrakam”). This agreement also covers the Early Access period of Faeria®, during which the Game won’t be accessible for free.
Protecting Faeria® (our “Game”) as well as our players and the community is something we value a lot, this is why we are laying down this EULA which acts as a legal agreement between you and us (Abrakam SA) and describes the terms and conditions for using the Game. Reading legal documents is no fun and this is why we have tried to keep it as short as possible. Simply speaking, if you break these rules we may stop you from using our Game. If we think it is necessary, we might even have to ask our lawyers to help out. Please read, print (or save at tree) and save a copy of these terms and conditions for your records because a copy won't be saved for you.
If you buy, download, use or play our Game, you are agreeing to stick to the rules of these end user license agreement ("EULA") terms. If you don't want to or can't agree to these rules, then you must not buy, download, use or play our Game. This EULA incorporates our Terms of Use, Privacy Policy and our Brand & Assets Guidelines. By agreeing to this EULA you also agree to all of the terms of the foregoing documents, so please read through them carefully.
One Major Rule
This one major rule is that you must not distribute anything we've made unless we specifically agree to it. By "distribute anything we've made" what we mean is:
- give copies of our Game to anyone else;
- make commercial use of anything we've made;
- try to make money from anything we've made; or
- let other people get access to anything we've made in a way that is unfair or unreasonable;
unless we specifically agree to it. And so that we are crystal clear, "the Game" or "what we have made" includes, but is not limited to, the client or the server software for our Game. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else we've made.
Otherwise we are quite relaxed about what you do - in fact we really encourage you to do cool stuff - but just don't do those things that we say you can't.
Enjoying our Game
You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below we also give you limited rights to do other things but we have to draw a line somewhere or else people will go too far. If you wish to make something pertaining to anything we've made we're humbled, but please make sure that it can't be interpreted as being official and that it complies with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything we've made.
The license and permission we give you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy/access our Game, you receive a license that gives you permission to install the Game on your own personal computer and use and play it on that computer as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. You may however give gift codes that have been bought through our official gift code system. This is important to help us stop piracy and fraud and to protect our Game. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys - which we may cancel, such as in the case of fraud.
Within reason you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them or do things that are unfair or adversely affect our rights unless we've specifically said it's okay in this EULA, allowed it through the Intellectual Property Usage Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are however allowed to put ads on them. Also, don't just rip art resources and pass them around, that's no fun.
Essentially the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from a single central source: us.
Ownership of our Game
Although we license you permission to install on your computer and play our Game, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.
Code of Conduct
While playing the Game, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Game (the “Code of Conduct”). The Code of Conduct is not meant to be exhaustive, and Abrakam reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. In addition to this Code of Conduct, please see the Player’s Code for additional guidance on exemplary game-play behavior.
The list below consist of examples of behaviour that warrant disciplinary measures:
- Impersonating any person, business, or entity, including an employee of Abrakam, or communicating in any way that makes it appear that the communication originates from Abrakam;
- Posting identifying information about yourself, or any other user, in the Game;
- Harassing, stalking, or threatening any other users in the Game;
- Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Abrakam contained in the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
- Transmitting or communicating any content which, in the sole and exclusive discretion of Abrakam, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
- Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- Participating in any action which, in the sole and exclusive judgment of Abrakam, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
- Participating in any action which, in the sole and exclusive judgment of Abrakam, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
- Participating in any action which, in the sole and exclusive judgement of Abrakam, is designed to lower the enjoyment of other players in the game, or intentionally "grief" them.
- Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
- Selecting a nickname that is falsely indicative of an association with Abrakam, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on nicknames choices. Abrakam may modify any name which, in the sole and exclusive judgment of Abrakam, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.
Consent to Monitoring
When you are playing the Game, we may monitor your computer's random access memory (RAM) for unauthorised third party programs prohibited that interact with the Game. In the event that the Game detects such an unauthorised third party program, information may be communicated back to Abrakam, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to Abrakam. If the Game detects the use of an unauthorised third party program, your access to the Game may be terminated with or without additional notice to you.
Content
If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Game that infringes the rights of others.
We reserve the right to take down any content in our discretion.
Please watch out if you are talking to people in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should think twice about giving out information about yourself.
Purchases
Even though the Game is free-to-play, some aspects or features may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Abrakam. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Abrakam may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Abrakam may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Abrakam, your Account may be closed without warning or notice at the sole discretion of Abrakam.
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. You are fully liable for all charges to your account, including unauthorised charges.
Updates
We might make upgrades, updates or patches (we call them all "updates") available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so.
Liability and Governing Law
The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Game. You might have certain rights which the law that applies to you says cannot be excluded. Nothing we say in these terms will affect those legal rights, even if we say something which sounds like it contradicts your legal rights. That's what we mean when we say "subject to applicable law".
SUBJECT TO APPLICABLE LAW, WHEN YOU GET A COPY OF OUR GAME, WE PROVIDE IT "'AS IS"'. UPDATES ARE ALSO PROVIDED "'AS IS"'. THIS MEANS THAT WE ARE NOT MAKING ANY PROMISES TO YOU ABOUT THE STANDARD OR QUALITY OF OUR GAME, OR THAT OUR GAME WILL BE UNINTERRUPTED OR ERROR FREE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IT MAY CAUSE. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. YOU HAVE TO ACCEPT THAT WE MAY RELEASE GAMES WELL BEFORE THEY ARE COMPLETE AND SO THEY MAY (AND OFTEN WILL) HAVE BUGS -BUT WE PREFER TO RELEASE THESE FEATURES EARLY THAN MAKE YOU WAIT FOR PERFECTION. IF YOU WOULD LIKE TO NOTIFY US ABOUT A POTENTIAL BUG, WE HAVE A SITE FOR THAT HERE.
The laws of the country where you have your habitual residence govern this EULA and all disputes, including disputes relating to it, our Game, or our Website, regardless of conflict of laws principles.
Termination
If we want we can terminate this EULA if you breach any of the terms. You can terminate it too, at any time; all you have to do is uninstall the Game from your computer and the EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights to the Game given in this license. You do still have the right to things you have created yourself with the game of course. The paragraphs about "Ownership of Our Game", "Our Liability" and "General Stuff" will continue to apply even after the EULA is terminated.
Wrapping-up
Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows. Nothing in this license limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
We may change this EULA from time to time, if we have reason to, such as changes to our games, our practices, or our legal obligation. But those changes will be effective only to the extent that they can legally apply. In that case we'll inform you of the change before it takes effect, either by posting a notice on our Website or by other reasonable means. We're not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the Game and we therefore need to put a lid on it.
If you come to us with a suggestion for any one of our Websites or Games, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion.
FAERIA® Esports Guidelines Last Modified: May 30, 2016 - 12:30 CET
This section is being built up as we go and his goal is to support both the Community Tournaments and our Official Tournaments with a set of standard rules. If you have any question regarding the below guidelines, feel free to contact us at esports@abrakam.com.
Overview
All players participating in tournaments officially sponsored or sanctioned by Abrakam Entertainment are expected to read, approve, and respect the following regulations.
Faeria Monthly Cup policies
The Faeria Monthly Cup is a recurring event that is part of Faeria's World Circuit. Those Cups are created and executed by Abrakam SA or affiliates.
In addition to the above, we have setup some rules:
Manipulating community votes
An important part of the Faeria Monthly Cup is the ability for the community to chose their favorite players through a special online voting system. If Abrakam notices any manipulation of the voting system, it reserves the right to take any action they see fit related to the matter.
User Identity and Multiple Accounts
Playing on alternate accounts, sometimes known as smurfing, is tolerated in Faeria outside of tournaments, as long as the alternate accounts are not used for manipulating other accounts on the ladder, or engage in win-trading or rating boosting of any kind. Any accounts we detect that are engaged in this behavior are subject to disqualification from any or all officially organized Abrakam events that may take place in the future.
For the purposes of the Faeria Monthly Cups, only one account per individual player can be qualified. Any player with multiple accounts in the highest ladder rankings will be given only one entry, and the extra reserved spot will go to the next player in line.
Players are expected to be honest and forthcoming with all information regarding their multiple accounts. Any player providing false information of any kind to Abrakam is subject to disqualification.
Using another player's account
It is forbidden to share or use the account of another player during any event related to the Faeria Monthly Cups, including the Constructed Ladder and the Open Qualifiers. Fraudulent usage of another player’s account will result in a disqualification.
Top Ranked qualifiers tie breakers
If there is an exact tie in rating when determining the Top 8 players, the players tied for 8th place shall play in a randomly seeded single elimination Best of 3 bracket to determine who advances, using the same tournament rules as the qualifiers.
Open Qualifiers
Any player who has already qualified for the Monthly Cup may not participate in another qualifier for the same month’s tournament.
If any player qualifies and is then unable to participate in the finals, tournament administrators may replace that player as deemed appropriate, possibly involving special tie-breaking games.
General Tournament Policies
Good sportsmanship, ethics, and common courtesy
Good sportsmanship, ethics, and common courtesy
All tournament participants and administrators are expected to remain polite and respectful toward other participants and administrators at all times. Players are expected to be honest and forthcoming with all match results and any information requested of them. Tournament administrators reserve the right to remove anyone from the tournament at any time who violates these standards.
Tournament administration
All competitions are placed under the authority of the event directors or tournament administrators, who are ultimately responsible for the application of these rules. The administrators will make decisions regarding player disputes, issue warnings, and pronounce penalties toward players guilty of any violation. A player suspecting a case of cheating or breach of these guidelines can submit their case to the management team of the tournament who will study the facts and circumstances surrounding the reported issue. The player should supply all information that could aid in the investigation. After the study of the case, the directors of the tournament can pronounce penalties towards the guilty player, ranging from simple score disadvantage in a match to definitive disqualification.
Game result proof
To resolve any disputes that may arise, players are expected to take screenshots of the “Victory” screen at the end of any tournament game. The winning player will always appear as the left-most name on these screens. These screenshots need not be submitted to tournament officials after every round, but should be provided as proof in the event of any dispute. It is the player’s responsibility to capture these screenshots. Should screenshot evidence not sufficiently resolve the problem, server game logs may be investigated at the tournament administrator’s discretion.
Organization and Communication
All participants of official Faeria tournaments should be present in the official Faeria Discord channel as well as remain active in any relevant third party match lobbies (Battlefy, for example) as instructed. This is to ensure the maximum amount of communication possible and to keep players informed of any changes in tournament schedule or other issues. Any players missing from one or both of these areas could be considered absent and subsequently disqualified from the tournament or receive other match penalties.
Joining a Tournament Lobby
All games in any officially sanctioned tournament will take place in a “tournament lobby” inside the Faeria client (referred to hereafter as in-game). Games taking place outside of tournament lobbies are not considered to be valid. In order to join a tournament lobby, all participants and observers must have satisfied that tournament’s in-game “Deck Submission” requirements, which may vary depending on the event, and will be accessible in the upper left of the Main Menu area.
To join a tournament lobby, players must add their opponent and any approved observers to their in-game Friend’s list. Once added as a friend, players may then right click on their friend list and choose “Invite to tournament lobby.” If this option is not available, the player in question may not have satisfied the in-game deck submission requirement mentioned above, and cannot enter a tournament lobby until they do so.
Spectator rules
Official Abrakam events may have designated spectators or observers assigned for the purposes of streaming or otherwise. If a player’s match is chosen to be observed, players must wait for all officially approved spectators or observers to enter their tournament lobby before beginning any of their games. Players will be informed if their game is to be spectated ahead of time. Players cannot refuse observation by officially approved spectators. Spectators are invited to tournament lobbies in the same way as other players. If a game has already started that has been reserved for observing, officials may invalidate that game and order a re-game.
Game timers
If a tournament makes use of special in-game timers, the allotted “Time Bank” will be displayed to the left of each player’s name once their games have started. Time Bank rules and totals may vary from tournament to tournament.
The normal 90 second Faeria turn timer is still present in all games with a Time Bank present.
Game disconnections, crashes, and draws
Should any player disconnect during a match, it is their responsibility to reconnect and finish the game as they are able. If they do not reconnect and finish the game, they will be given a game loss. Players have 10 minutes to reconnect to a tournament lobby to finish the rest of the match (if applicable), after which the match win is awarded to their opponent.
Should any game crash due to a bug or unexpected server issue, tournament officials will provide further instructions which may include ordering a re-game or issuing a draw.
Match Fixing
All players in any official Abrakam tournament are expected to play to the best of their abilities with the full intention of winning each game. If any player is found to be intentionally losing games for whatever purpose, or otherwise fraudulently reporting match results, they will be subject to disqualifications and potential bans from further Abrakam events.
Prize Splitting
Abrakam does not support, condone, or assist in prize splitting. Prizes will be awarded to the individual who placed in the appropriate spot in any tournament.
If it is discovered that any such arrangement for splitting winnings has been made, we reserve the right to take any action that we see fit, including, but not limited to, banning the player(s) involved from one or all Abrakam sanctioned tournaments.
Minors
For the purpose of these Guidelines, a “Minor” is any person who has not reached the age of majority within their home state/country.
Parental consent to register: Minors must seek parental consent before registering with the Tournament. A Minor must access the Tournament via his/her own sub-account. Parental consent at this level only entitles the Minor to compete against other online players – a Minor’s eligibility to enter specific prize tournaments and win prizes is set out in paragraph below.
Parental consent to an Online Tournament Prize Event: Only Minors who are aged 13+ and have obtained parental/legal guardian’s consent to enter the specific online prize competition will be eligible to enter. The parent or legal guardian of a participant who is a Minor must accept these Terms on his/her behalf. Abrakam may require proof of parental/guardian consent at any stage. Where the relevant prize will involve attending an offline tournament, the Minor must be accompanied by his/her parent or guardian (at their own cost).
FAERIA® Intellectual Property Usage Guidelines Last Modified: January 22, 2016 - 12:30 CET
This section is all about our beloved community, we want to you allow you to be able to use the necessary content in order to create awesome Faeria-oriented stuff. If you have any question regarding the below guidelines, feel free to contact us at compliance@abrakam.com.
Overview
The principle of those guidelines on: you can use Faeria’s IP as the basis for a fan project that you’re giving away for free or that’s only generating ad revenue (we’ll refer to this type of free fan project as a “Project”), as long as you comply with the guidelines outlined below for using our IP (the “Guidelines”). As a matter of fact, as long as you comply with our Guidelines, we think it’s great if you create awesome, free and original content for Faeria fans.
However, if you ask players to pay you for something that’s based on our IP, you’ll first need our prior written consent. Submit a request for consent by contacting us at compliance@abrakam.com so we can inspect your work and decide whether your Project’s gonna be allowed. To be clear: our default answer to these sorts of projects is to disallow them.
We reserve the right to deny the use of our IP at any time, for any reason or no reason, including when we think our stuff is being used inappropriately (which we decide at our sole discretion). If we deny you the right to use our IP, you will need to stop distributing any part of your Project that uses or might use our IP.
Guidelines
In addition to the above, we have setup some rules:
Our logos
Unless we’ve given you prior written consent, you can’t use any of our logos (including the Abrakam logo and the Faeria logo) anywhere on your Project or any website, advertising material, video or other publication.
We don’t endorse your Project
If you share your Project with others, then you need to include the following notice so it is easy for people to see, such as on the app/web page where your Project can be downloaded:
[The title of your Project] isn’t endorsed by Abrakam and doesn’t reflect the views or opinions of Abrakam or anyone officially involved in producing or managing Faeria. Faeria and Abrakam are trademarks or registered trademarks of Abrakam SA.
The community gets to use your Project
We want fans to create and share cool things with each other, and we want to remove barriers to sharing. If we spotlight a fan project or make something that resembles what a fan might have made, we don’t want to be sued. Therefore, you agree that we can use, copy, modify, distribute, and make derivative works of your Project in any form, on a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide basis, for any purpose and without having to pay you anything, obtain your approval, or give you credit. Is that enough legal mumbo jumbo for you? No? Great! Read on for more!
Using other people’s IP in your Project
You can't use a third party’s IP in your Project if doing so would violate their rights. We understand that besides our IP, you might want to incorporate someone else’s IP in your Project, such as a cool song or some other artwork. If you’re using someone else’s music, artwork or other IP, you need to have their permission before you put it into your Project. If we find out that your Project is using a third person’s IP without their permission, we may require you to take down and stop distributing your Project.
Indemnification
Our lawyers don’t want us to get sued or be put at risk by your Project. If we, or our partners or affiliates, have any kind of legal claim or other lawsuit brought against us that is related to your Project, you’ll pay our legal fees and costs related to this lawsuit, including our attorney’s fees, and any settlement or judgment amount that we have to pay as a result.
Comply with the EULA
In addition to the Guidelines we’ve outlined above, your use of any IP related to Faeria must also comply with the Faeria’s End User License Agreement, Terms of Use, and Privacy Policy (collectively, the “Abrakam Policies”).