Terms of Excellent Service (ToES)
Summary of our Terms of Service
The following bullet points are a quick summary of our Terms of Excellent Service. Where a difference exists between these bullet points and the full Terms of Service, please refer to the binding full agreement.
- We put security, performance, and convenience as the first thought in everything we do, and we will strive to make your experience as secure, fast and enjoyable as possible.
- We endeavour to provide the best possible service, and we will do our best to make that a reality.
- You agree to be respectful, and to avoid causing disruptions to others using the service.
- You agree not to break any laws, use pirated content, or do anything that your common sense tells you shouldn’t be done.
- You agree not to share your account in an unauthorized manner, or put undue stress on the servers by preventing normal service operations.
By using our services, you agree to be bound by the terms of this Agreement. We agree to provide you with the best possible service. All references in the Agreement as “we”, “our”, “us”, “Company” shall be referring to The Forge VTT Inc. doing business as “The Forge” and all references in the Agreement as “you” and “your” shall be referring to the users of Company’s services.
3. Acceptance of and changes to Terms of Service
- This is an agreement between you and the Company. By using our Website and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, responsibilities, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our Website.
- We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Website following the effective date contained in the notification or the posting of such changes on our Website, if no other effective date is specified, will constitute your acceptance of those changes and your agreement to comply with all the current terms and conditions of the Agreement.
- You must be at least 13 years of age to create an account on our website. We expect our users to strictly abide by the provisions of Children’s Online Privacy Protection Act (COPPA) and other applicable laws within their country, and we do not allow children below 13 years of age to create an account. You are responsible to provide accurate information regarding your age and you shall be solely liable and responsible for any misrepresentation.
- In the event of such misrepresentation, the violating account and all surrounding data will be deleted immediately.
We allow users to host games on The Forge without requiring an account through the Public Game privacy mode. This is the only acceptable use case in which we allow children to use our service. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
Our services are not available in North Korea, Iran, Cuba, Venezuela, Crimea, or Syria. Please do not try to obtain unauthorized access to our services from these places. You shall be solely liable for consequences of such actions. We will block unauthorized users and ban them from using our services in order to stay in compliance with Stripe regulations and to avoid any breaking of sanctions made by the United States.
6. User Obligations
You agree not to do any of the following while using the Website or any of our other sites or our services:
- Intentionally or knowingly violate any applicable law, regulation, or agreement that you are bound by, including this Agreement;
- Violate or infringe upon any third-party personal rights or ownership rights;
- Misrepresent or try to deceive us as to your identity or the identity of anyone else or conduct fraudulent activities.
- Share your account with anyone or abuse the service or server resources in any way.
7. Additional Rules of Conduct
You would be in violation of these Terms of Service and our Agreement if, as determined by the Company in its sole discretion, you:
- Post, transmit, promote, or distribute Content that is considered illegal under Canadian jurisdiction.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Harass, threaten, 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.
- Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.
- Use abusive, offensive, or defamatory screen names and/or personas.
- Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of the Website. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within the Website.
- Impersonate another person (including celebrities), indicate falsely that you are an employee or a representative of the Company, or attempt to mislead users by indicating that you represent the Company.
- Attempt to get a password, account information, or other private information from anyone else on the Website.
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Website.
- Improperly use support.
- Post or communicate any person’s real-world personal information using the Website.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website.
- Cause undue stress or abusive use of the server resources on purpose.
- Conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, stalking, fraud and the distribution of counterfeit software.
8. Duty not to prevent normal idling of the Foundry server
- We automatically idle servers when there is no activity from the users. This automatic idling saves on resource usage, and helps serve our customers better while using our services.
- You may not use scripts or other tools to simulate activity, if you are not actually using the server. By preventing auto-idling, you obstruct our services and adversely affect our business. We reserve the right to cancel your subscription without refund, and ban your account in the event we detect such activity.
9. Duty to maintain security of Account
- You must not share your account details with anyone and must not sell, transfer or allow any other person to access your account.
- We provide safe and secure access to our services via two-factor authentication. If you lose details of your two-factor authentication, you may lose access to your account.
- You are solely responsible and liable for the actions on your account without your knowledge.
- You are entirely responsible for maintaining the confidentiality of your login credentials.
- You agree not to share your account’s subscription with multiple people in independent groups for the purposes of decreasing subscription costs. We reserve the right to cancel your subscription without refund, and ban your account in the event of detecting such activity.
10. Subscription Terms
- Free Trial:
- We provide an automatic 14-day free trial to our service, which is activated at the first time you subscribe to a plan.
- During this free trial you will not be charged, although an authorization may appear on your payment method's records.
- During the free trial you may change your subscription option at no cost, and may also cancel the subscription.
- Once the free trial has elapsed and you have not cancelled the subscription, your payment method will be automatically billed according to the last subscription plan chosen in the free trial period.
- Auto-Renewal and Cancellation:
- Once you subscribe to our services, your subscription will auto-renew and your payment method will be automatically billed at the end of each billing cycle.
- If you do not wish to renew your subscription you may cancel your subscription any time by cancelling on the account page during the existing subscription period. Your subscription will remain active until the end of the billing cycle, even if you have cancelled your subscription before the end of the billing cycle. Your subscription will not be auto-renewed once you have canceled.
- Please note no partial refunds will be given for cancelling the subscription prior to the end of the billing cycle.
- Cancelling of your subscription will not excuse any ongoing liabilities, unpaid subscription dues, or other fees related to your use of our services.
- Data add-on: Similar to the provision of cancellation of service, data addons purchased annually will remain active for the entire year even if cancelled early. Please note that there will not be any partial refund for cancellation of data addons.
- Downgrading: If you downgrade your subscription, the new changes will take effect only after your current subscription ends on your billing date. Your existing subscription will remain active until the renewal date and no partial refund will be issued.
- Upgrading: If you upgrade your subscription, the subscription is renewed immediately and your billing date is refreshed. Any unused time on the previous subscription will be given back as credit towards the new subscription and will be calculated on a prorated basis from the moment the upgrade is confirmed.
- Payment Mode: You may pay for subscriptions through any payment method supported by Stripe, or via PayPal. All credit card payments are securely processed via Stripe.
- Disputes: In the event of a payment dispute against our company, we reserve the right to immediately cancel your subscription, and ban your account from our service.
- Company has proprietary rights in respect to services provided by it. Company provides only a license to the users to use the services and does not transfer any proprietary or ownership rights to the users. Users agree that all logos and marks displayed to users are intellectual property rights of the Company or of the third-party associates of the Company.
- All content you share on the forum such as your account information, posts, or other content you submit to the forum shall belong to you and we reserve a right to copy, publish and analyze content you submit to the forum. By agreeing to this Agreement, you hereby provide us a license to use your content as mentioned above. We also have a right to delete any content you post if it violates any term contained herein or if we have received a DMCA request to delete your content. You agree not to wrongly imply that the content you submit to the forum is sponsored, endorsed or approved by the Company.
- When your content is removed from the forum, whether by you or by the Company, the Company’s license ends when the last copy disappears from the Company’s backups, caches, and other systems.
- Company shall not be responsible for misuse of your content by others in the forum. You agree to use Company’s services with the knowledge that other users of the forum have access to your content and you undertake to release Company from any liability arising from the misuse of your content.
12. Release of Liability and Indemnity
- We do not warrant that our services are error free or without interruptions. We only offer reasonable uptime, and we are not responsible for any damages resulting from service outages, or any other issues that arise from use of our services. By using our service, you acknowledge this information and agree to assume any associated risk.
- You are solely responsible for any data damage caused by negligent usage of our services, experimental updating, and/or third-party plugins/modules.
- We shall not be responsible for any mishandling of payments by other party payment processors. We have carefully chosen the payment processors. However, we do not have any control over their actions and you agree to release us from any liability arising from your use of the payment processors to pay for our services.
- Any claim in respect of our products or services shall be made only against us without involving our payment processors, and all claims regarding mishandling of payments shall be exclusively made against the payment processors without involving us. If you make a claim against payment processors in respect of our products or services, you shall be liable for all losses suffered by us resulting from your claim against the payment processor.
- You agree to indemnify the Company from legal claims by others resulting from or related to your breach of these terms, or breach of these terms by others using your account on our forum or service. Both you and the Company agree to promptly notify the other party of any legal claims for which you might have to indemnify the other party. You agree to allow the Company to control investigation, defense, and settlement of legal claims for which you would have to indemnify the Company, and to cooperate with those efforts. The Company shall not agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.
- To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, or agents be liable for any indirect, consequential, special, or punitive damages, or any loss of profits or revenue, arising out of or in connection with the use of our services, even if the Company has been advised of the possibility of such damages.
As far as the law allows, the Company provides services as-is, without any warranty of any kind including the warranty of merchantability and fitness for a particular purpose.
14. Our Forum and Third Party websites
When using our Forums, you agree to be additionally bound by the forums-specific Terms of Service. Our forums may hyperlink to and integrate forums and services run by others. The Company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service. You are solely responsible for any deals you enter into in respect of third-party services or forums.
15. Termination of Agreement
You may terminate the service of the Company as per the cancellation terms detailed in section 10. The Company may terminate the Agreement and discontinue our service to you without refund if you engage in piracy, infringe upon the Company's ownership, proprietary, or intellectual property rights, are involved in any other illegal activity on our platform, or upon your breach of Agreement. When our Agreement ends, your permission to use the forums also ends. Sections 1, 7, 8, 9 and 11 shall survive termination of this Agreement.
16. Governing Law and Dispute Resolution
This Agreement shall be governed by and interpreted in accordance with the laws of Quebec, Canada without regard to its principles of conflict of laws. In addition to the obligation to adhere to the laws of Quebec, Canada, you shall abide by the laws applicable to our service in your home country. The Parties shall, at first instance try to amicably settle every dispute. If no amicable settlement is reached, the dispute shall be referred to the courts in Quebec, Canada as per the laws applicable to Quebec, Canada.
17. Contact Us
If you have questions or concerns about our specific terms, please do not hesitate to contact us.