Application of Terms of Use: Welcome to CRG AB’s (“CRG”) ‘Crystalfall’ online game (“Crystalfall”). These terms of use (“Terms of Use”) apply to your use of the Crystalfall website (“Website”) at www.Crystalfall.com (or such other URL as the Website may subsequently be hosted at), the software, documentation and any associated materials comprising or made available to you in relation to Crystalfall (the “Materials”) as well as any services (including, without limitation, any Website APIs (as defined in clause 19) offered or provided by CRG or its nominated third parties in relation to Crystalfall (the “Services”). By making use of any of the Website, Materials and Services, you are deemed to have read and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorised to access and use the Website, Materials and Services, and you must immediately stop doing so.

Amendments: CRG reserves the right to amend these Terms of Use from time to time and notify you of such changes in a reasonable manner before they become effective, including by posting the amended version of the Terms on the Website (provided that for material changes we will endeavor to provide the notice using the contact details provided in your Member Account, as defined below). Your continued use of any of the Website, Materials and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.

Age restriction: You must not use the Website, Materials and Services if you are under 16 years of age, and if you are between the ages of 16 and 18, your parent or legal guardian must have consented to you accessing and using the Website, Materials and Services.

Rights: Unless otherwise stated in these Terms of Use, CRG is the owner or licensee of all rights including all copyright, trade marks and other intellectual property rights relating to or included within the Website, Materials and Services (“Rights”). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text, images and all other elements included in and deriving from the gameplay and virtual world featured in Crystalfall, including without limitation in-game names, characters, locations and any virtual items (“Virtual Items”) and their associated benefits or properties acquired or provided for use within Crystalfall.

Amendments to Crystalfall: CRG at all times retains the right to deal with the Rights as CRG at its sole discretion deems appropriate, including without limitation the right without notice to alter, modify, redesign, suspend or discontinue any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.

Licence: CRG grants you a limited, non-exclusive, non-transferable, revocable licence (“Licence”) for the purpose of accessing, as applicable downloading, and making use of the Website, Materials and Services (or any parts of such as CRG may make available to you from time to time) and the related Rights for your own personal and non-commercial use in accordance with these Terms of Use. For the further avoidance of doubt, pursuant to clause 4, any rights you may have in respect of any elements or aspects of Crystalfall (including without limitation in respect of the in-game characters and Virtual Items) are strictly limited to a personal ‘licence to use’ such as part of the Licence and at no time do you acquire any ownership rights in respect of such. Any violation by you of these Terms of Use or any other terms or conditions incorporated herein by reference or any behaviour which CRG deems in its sole discretion is not in keeping with the intended spirit of participation in Crystalfall, immediately terminates the Licence, or such aspect of the Licence as CRG may otherwise provide you notice of. Termination of the Licence, or any aspect of the Licence, by CRG may without limitation also result in the taking of any of the further actions described in clause 28.

Restrictions: Under no circumstances, without the prior written approval of CRG, may you:

1. Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.

2. Modify or adapt (including through third parties and third-party tools) the game client or its data, other than in the normal course of Crystalfall gameplay as permitted in accordance with the Licence.

3. Utilise any automated software or ‘bots’ in relation to your access or use of the Website, Materials or Services.

4. Knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the “Servers”) to become overloaded or crash.

5. Connect to the Servers through any software other than the authorised game client software.

6. Use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website.

7. Use any meta tags or other hidden text which incorporate CRG’ name or any of its intellectual property including trade marks.

8. Perform in-game services during your use of the Website, Materials or Services for any form of compensation outside of Crystalfall.

9. Reverse engineer, de-compile or disassemble the Website, Materials or Services or seek to establish the technical processes, operations and communication protocols of the Website, Materials or Services through any means, including without limitation by reference to the input or output of the Website, Materials or Services or the internal structure and workings of the Website, Materials or Services.

10. Interfere with or disrupt the integrity or performance of the Website, Materials and Services or circumvent limitations or security features of the Website, Materials and Services.

Recording and Streaming Gameplay: Subject at all times to the remaining provisions of these Terms of Use, the Licence provided for in clause 6 will also be deemed to provide you a limited, non-exclusive, non-transferable, revocable licence to stream your Crystalfall gameplay on live streaming sites (including for example and without limitation www.twitch.tv) and to record videos of your Crystalfall gameplay and post such videos on video sharing sites (including for example and without limitation YouTube). Subject at all times to any further restrictions or conditions specified by CRG from time to time, such licence from CRG will also be deemed to allow you to include advertisements in such live streaming or recorded video content (together the “Gameplay Content”) and otherwise monetise such Gameplay Content as may be allowed by such live streaming or video sharing sites (together the “Gameplay Content Sites”). The terms of this clause 8 are at all times subject to your compliance with any further obligations imposed by the applicable Gameplay Content Sites you wish to make the Gameplay Content available through. Notwithstanding the foregoing, you agree that on request by CRG you will immediately arrange for the removal from or alteration of any Gameplay Content included on any Gameplay Content Sites and further agree that you will not pursue CRG for any actual or potential loss you may suffer in such regard.

Indemnity: You agree to fully indemnify CRG for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence and your use or any third-party use of any Gameplay Content created by you including, in respect of any third-party claims against CRG, its related parties, employees, contractors or agents.

Content: While CRG has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate, CRG does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free. CRG does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law CRG does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services, including without limitation where such loss or damage is a result of or contributed to by the negligence of CRG.

Linked Websites: The Website, Materials or Services may contain links to other websites not controlled by CRG (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. CRG is not responsible for the content or privacy practices associated with Linked Websites. CRG’ links with Linked Websites should not be regarded as approval or as an endorsement, of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use. CRG recommends that you read Linked Websites’ privacy policies before you provide personal information on any Linked Website.

Account Registration: To acquire or make full use of any of the Website, Materials and Services you will need to register for a CRG member account (“Member Account”). If you do choose to register for a Member Account you warrant that all information and personal details you provide to CRG are correct. In addition, you acknowledge that you are aware that Crystalfall has an PEGI16 classification in Sweden and warrant that you are over sixteen (16) years of age. You may not transfer your registration or any rights you may have in your Member Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your Member Account, including without limitation any Virtual Items connected with such Member Account.

Usernames: Any username you choose in relation to your Member Account or as applicable any other identifier you choose for use in relation to your access or use of the Website, Materials and Services, may be viewable by other users of any of the Website, Materials and Services as applicable and you warrant that any such username or other identifier will not:

1. infringe the rights of whatever nature of any third-party including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and

2. contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by CRG in its sole discretion or otherwise be in contravention of any law or court order.

Confidentiality of Passwords: You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third-party or allow a third-party access to your Member Account without first obtaining CRG’ written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify CRG immediately if you know or suspect that your Member Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.

Points: CRG may offer ‘game points’ for sale (“Points”) which can, in accordance with the procedures and further terms specified by CRG from time to time, be used to pay for certain goods and services, including without limitation Virtual Items, as may be offered from time to time by CRG in relation to the Website, Materials and Services. You must have an active Member Account in order to purchase Points. CRG reserves the right to offer or cease to offer Points for purchase or to restrict the purchase of Points by you at its sole discretion. To the greatest extent permitted by law CRG reserves the right to alter the terms and conditions relating to any Points which you have previously purchased. CRG reserves the right to provide Points at no charge to any users of any of the Website, Materials and Services on such terms and conditions as CRG at its sole discretion deems appropriate.

Cost and Payment: The cost of any Points or any specific quantity of Points will be as specified by CRG at its sole discretion from time to time. Any Points available for purchase may only be purchased by such means and in accordance with any further conditions as CRG at its sole discretion may specify.

Non-transferable: You are not entitled to transfer any Points you purchase (or any rights in respect of any Virtual Items including without limitation those you may purchase using Points) to any other person or entity, use such Points for the benefit of any other person or entity or deal with the Points or any rights or interest in the Points in any way, except as explicitly provided for in these Terms of Use.

Points Cancellation: CRG reserves the right at any time without notice to cancel any Points previously acquired by you, as CRG at its sole discretion deems appropriate. In addition, in the event of the cancellation of your Member Account any unused Points you currently hold will automatically be deemed to also be cancelled. To the greatest extent permitted by law CRG will have no further liability to you with regard to any cancelled Points including with respect to any obligation to refund to you the purchase price paid to us for such Points.

Website APIs: CRG may, from time to time, make available application programming interfaces to enable third-party sites and services to access certain in-game data via the internet (“Website APIs”). CRG may modify, add, remove, replace or upgrade any or all of its Website APIs (including the data fields of those Website APIs) at any time at its discretion. You must comply with CRG’ technical documentation and policies (as published and as updated on the Website from time to time or as otherwise notified to you by CRG) regarding use of the Website APIs (“API Policies”). Without limiting the foregoing, you must comply with the Website API call limits set out in the API Policies or as otherwise notified to you by CRG, and not attempt to circumvent those limits.

Virtual Item Trading: Subject to the remainder of these Terms of Use, you may trade Virtual Items with other game players for your own personal and non-commercial purposes using the in-game trading mechanisms provided by CRG and through use of official CRG Website APIs. You agree that to the greatest extent permissible at law CRG will have no liability to you of any nature arising out of or in connection with any trade or inability to trade Virtual Items.

Links: If you provide a link to the Website you agree that you will not use any CRG logo, trade mark or other proprietary graphic as part of such link without the express prior approval of CRG.

Lost Data: In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items, Points or general Crystalfall gameplay) relating to you or your use of any of the Website, Materials and Services held by CRG or any third-party on behalf of CRG is lost, corrupted or otherwise no longer reasonably available or accessible as judged by CRG in its sole discretion, you agree that to the greatest extent permissible at law CRG will have no liability to you of any nature relating to any such information or data, and in no event will CRG’s liability to you go beyond refunding you the purchase price paid to us for information or data that are lost, damaged or not reasonably or readily available.

Accessing: You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law CRG does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Website, Materials and Services.

Support: CRG reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as CRG at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as CRG at its sole discretion deems appropriate.

Exclusion of Warranty: To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.

Exclusion of Liability: To the greatest extent permitted by law, under no circumstances will CRG, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third-party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of any of the Website, Materials and Services,  or in respect of any failure or omission on the part of CRG to comply with its obligations as set out in these Terms of Use.

Limitation of Liability: To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and CRG becomes liable for any loss or damage that would otherwise have been excluded, CRG’ maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Website, Materials and Services is to be limited to 100 SEK in Swedish currency.

Cancellation and suspension: CRG reserves the right, acting at its sole discretion, to refuse to accept your registration request for a Member Account. To the greatest extent permitted by law, CRG also reserves the right, acting at its sole discretion, at any time to cancel your registration and suspend access to your Member Account or to restrict, limit or otherwise change your existing rights of access to your Member Account, or any specific feature or benefit afforded to you in relation to your Member Account, including without limitation in respect of any Virtual Items and Points, if it believes you have breached these Terms of Use or any other agreements you may have with CRG, if you have engaged in behaviour which CRG deems in its sole discretion is not in keeping with the intended spirit of participation in Crystalfall or for any other reason whatsoever. In such event you agree that CRG will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Member Account in any case, you agree you will remain fully liable for any outstanding liability owed to CRG. CRG may also, where it believes such action is necessary, without notice restrict or suspend access to the Website, Materials and Services  of any users who have breached the Terms of Use.

Jurisdiction: The provision and use of the Website, Materials and Services is governed by and is to be interpreted in accordance with the laws of Sweden and in all matters relating to or arising from your access and use of any of the Website, Materials and Services, you agree to submit to the exclusive jurisdiction of the Courts of Sweden. If you are accessing or making use of any of the Website, Materials and Services from outside of Sweden then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.

Consumer rights: These Terms of Use do not exclude, limit or otherwise restrict the rights vested with consumers under applicable consumer law and shall not be construed as such.

Complaints: In the event that you have a complaint in respect of, relating to or arising from any of the Website, Materials and Services you must without undue delay notify CRG in writing giving details of the dispute.

Force majeure: CRG accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control (force majeure).

Waiver: If CRG waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Severability: If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.

Entire Agreement: These Terms of Use constitute the entire agreement between you and CRG in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.

Queries: If you have any queries in regard to these Terms of Use please don’t hesitate to contact us via email [email protected]