Terms of Service

Introduction

These Terms of Service (“Terms”) govern participating in The Lord of the Rings: Return to Moria™ (the “Game”) as set forth below. This Agreement governs your access and use of the services we provide (i.e., our software products, games, updates, upgrades, features, content, and website(s) (the “Services.”) This Agreement is between you and North Beach Games, LLC, (the “Company,” “we,” “us,” and “our”), a California limited liability corporation.

If you are under the age of thirteen (13), you cannot participate in the Game. If you are over the age of thirteen (13) (or other applicable minimum age in your place of residence) but under the age of eighteen (or other applicable age of majority in your place of residence), you must obtain consent from your parent or guardian before participating in the Game.

By reviewing this agreement, you are deemed to have agreed to these terms.

You may not participate in the Game if you do not agree to these terms. If you are underage and do not have the consent of your parent or legal guardian, you may not participate in this Game. Your participation in the Game constitutes proper acceptance of these terms.

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Privacy Notice

Please review our Privacy Notice found at https://returntomoria.com/privacy/, which also governs your use of the Software, to understand our practices.

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End User License Agreement

Please review our EULA found at https://returntomoria.com/eula/, which also governs your use of the Software, to understand our practices.

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Interpretation and definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

1. “Company” (referred to as either "the Company", "we", "us" or "our" in this agreement) refers to North Beach Games, LLC.
2. “Game” means the software program and services provided by the Company downloaded by you on any electronic device, named The Lord of the Rings: Return to Moria™

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Description of Online Services

Subject to full compliance with this Agreement, the Company may offer to provide certain products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts (collectively the "Online Services"). Online Services shall include, but not be limited to, any service or content the Company provides to you, including any materials displayed or performed. The Company may change, suspend or discontinue the Online Services, including the availability of any feature or content, on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control, or if you breach any term of an agreement or policy governing the Software, including this Agreement, Privacy Policy and/or End User License Agreement. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice.

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Trademark and Copyright Information

All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

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Availability of the Game and Updates

We do not guarantee that the Game will be available at all times, in all locations, or at any given time or that we will continue to offer access to the Game for any particular length of time. The Company does not guarantee that the Game can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

From time to time, the Company may update, change or modify the Game without notice to you. These updates and modifications may be required in order to continue to use the Game.

The Company may need to update, or reset certain parameters to balance game play and usage of the Game. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control. 

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Your User Generated Content (“UGC”)

You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.

The Company may, in its sole discretion, remove, edit or disable UGC for any reason, including if the Company reasonably determines that UGC violates this Agreement. The Company does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. The Company does not pre-screen all UGC and does not endorse or approve any UGC available in the Game.

When you contribute UGC, you grant to the Company, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC in the Game the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Game without further notice, attribution or compensation to you.

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Rules of Conduct and Consequences of Rule Violations

When you access or use the Game, you agree that you will not: 

1. Violate any law, rule or regulation.
2. Interfere with or disrupt any Game or any server or network used to support or provide the game, including any hacking into the Game.
3. Use any software or program that damages, interferes with or disrupts the Game or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
4. Interfere with or disrupt another player's use of the Game. This includes disrupting the normal flow of game play, chat or dialogue within the Game by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
5. Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
6. Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
7. Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
8. Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that the Company (acting reasonably and objectively) determines  is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
9. Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
10. Impersonate another person or falsely imply that you are a Company employee or representative.
11. Improperly use in-game support or complaint buttons or make false reports to Company staff.
12. Attempt to obtain, or phish for, a password, account information, or other private information from anyone else in the Game.
13. Make use of any payment methods to access or purchase the Game for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offense or other unlawful activity.
14. Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
15. Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
16. Modify any file or any other part of the Game that the Company does not specifically authorize you to modify.
17. Use exploits, cheats, undocumented features, design errors or problems in a Game.
18. Use or distribute counterfeit software or Game content.
19. Attempt to use the Game on or through any service that is not controlled or authorized by the Company.
20. Sell, buy, trade or otherwise transfer or offer to transfer your Game Account, any personal access to the Game, or any Game content associated with your Account, within the Game or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by the Company.
21. Use the Game in a country in which the Company is prohibited from offering such services under applicable export control laws or applicable license agreement.
22. If the Game requires you to create a "user name" or a "persona" to represent you in game and online, you should not use your real name and may not use a username or persona that is used by someone else or that the Company determines is vulgar or offensive or violates someone else's rights.
23. Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of the Game.
24. Use information about users publicly available in the Game (e.g. on a leaderboard) for any purpose unrelated to the Game, including to attempt to identify such users in the real world.
25. Promote, encourage or take part in any prohibited activity described above.

The Company takes the safety and well-being of its community very seriously. If you violate the Company’s rules the Company may take a range of actions against your account up to and including terminating your account and banning you from the Game and any related community sites managed by the Company.  

Generally, the Company deals with violations of its policies and procedures in the following manner:

1. Generally, on a first infraction, you will receive a warning and a 24-hour ban.
2. Generally, on a second infraction, you will usually incur a 7-day ban.
3. Generally, on a third offense, you will/may be banned from the Game permanently.  

The actions that the Company might take against someone’s account that has violated these terms or the Company’s other rules depends largely on the seriousness of the infraction, in the Company’s sole discretion. Some violations, such as violating the terms of this agreement, or engaging in “hate speech” will merit an immediate and permanent ban.   

If you encounter another user who is violating any of these rules, please report this activity to the Company using the "Help" or "Report Abuse" functions in the relevant Service, if available, or contact Customer Support at support@northbeachgames.com

The Company may, in its discretion, monitor or record online activity or and may remove any Content from the Game at its sole discretion. Remember that your communications and your UGC in the Game are public and will be seen by others.  Please think before you post and use good judgment. Just because you can do something, doesn’t mean you should do it.

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Data and Information

For the purpose of analyzing and improving the Game, the Company may upload information relating to the Game, including but not limited to information relating to the hardware, software and error logs as well as Data from your hardware to the Company's servers, without obtaining your individual consent. 

ALL DATA GENERATED BY THE GAME BELONGS TO COMPANY. COMPANY RESERVES THE RIGHT TO CHANGE THIS PLAN AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE. 

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Ownership of Rights

Between you and the Company, the Company retains and will retain all rights in connection with the Game, and will retain all rights in connection with the Data (including all intellectual property rights therein). You are only granted the right to access and use the Game to the limited extent permitted by these Terms and Rules.

DISCLAIMER; NO WARRANTY; LIMITATIONS ON LIABILITY; INDEMNIFICATION; SUSPENSION

PLEASE READ CAREFULLY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, OR ANTICIPATORY PROFITS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) CAUSED OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY, BY THE PRODUCT, SOFTWARE, DOCUMENTATION, OR ANY OTHER INFORMATION, MATERIALS, OR SERVICES PROVIDED TO YOU OR OTHERS IN CONNECTION WITH THE GAME, AND YOU WILL INDEMNIFY AND HOLD COMPANY HARMLESS FROM SAME. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

THE PRODUCTS, SOFTWARE, DOCUMENTATION, AND ANY OTHER INFORMATION, MATERIALS, OR SERVICES PROVIDED TO YOU OR OTHERS IN CONNECTION WITH THE GAME ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER.

Company will not be responsible for any loss, damages, costs, or expenses incurred by you or Others whatsoever relating to or arising out of the use of the Products, Software, Documentation, or any other information, materials, or services in connection with the Game, including but not limited to any loss, damages, costs, or expenses due to termination of the Services, and shall not be obligated to compensate you or Others for such losses, damages, costs, or expenses.

Company shall not be liable for any loss, damages, costs, or expenses incurred by you or Others due to the use of any account and the corresponding password being used by Others, regardless of the existence of willful fault.

Company does not warrant against errors in the Product or Software, that the Product or Software are virus‑free environments, or that you will experience safe, reliable, or error-free progression of games.

Without limiting the foregoing, Company will not be responsible for any violation of United States or other International law on your part, and you shall indemnify and hold Company harmless from and against any and all claims, damages, losses, costs, or expenses incurred by Company as a result of any such violation.

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Governing Law

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, excluding its conflict of law rules and principles. The California state courts located in San Francisco and the U.S. District Court for the Central District of California shall have exclusive jurisdiction to determine the validity, construction, and performance of this Agreement and the legal relations between the parties hereto and venue in such courts shall be proper. You hereby irrevocably submit to the jurisdiction of any such state or federal court in any action or proceeding brought to enforce or otherwise arising out of or relating to this Agreement.

The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.

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Export

You agree to follow U.S. and other export control laws and agree not to transfer the Game to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom the Company is prohibited from doing business under these export control laws.

Notice and Change of Rules, Terms, and Condition

The Company reserves the right to amend the content of this Agreement at any time in its sole discretion without prior notice to you or Others. Any changes or rules provided to you by the Company, including by posting updated terms (subject to applicable law), by e-mail or any other method will be considered a part of this Agreement. Notices of any amendments to this Agreement will be effective upon sending or posting, as the case may be.

Severability

If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

Entire Agreement

This Agreement and any and all related exhibits, attachments, and schedules hereto and thereto, constitutes the entire Agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings of the parties, all of which are merged herein. 

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Contact Us

If you have any questions about this policy, you can contact us at support@northbeachgames.com

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THANK YOU FOR TAKING THE TIME TO READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. FOR PARTICIPANTS UNDER 18, THE PARENT OR GUARDIAN MUST READ THESE TERMS AND CONDITIONS AND PROVIDE CONSENT.

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