Effective Date: December 5th, 2018

TERMS OF USE

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Midwinter Entertainment, Inc., a Washington corporation (the "Company", "we", "us", and their derivatives). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use") govern your use of our websites, including www.midwinter.net, www.scavengersgame.com, and their subdomains (collectively, the "Websites"), and any other online services we may provide (with the Websites, collectively, the "Services")

Please read these Terms of Use carefully before you start to use the Services, including the Websites. By using the Services, including the Websites, or by clicking to "accept or agree" to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and consent to our Privacy Policy, found at www.midwinter.net/privacy/ (the "Privacy Policy"), which is incorporated into these Terms of Use by reference. If you do not want to agree to these Terms of Use or consent to our practices with respect to our collection of your personal data as described in the Privacy Policy, you must not access or use the Services, including the Websites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Services, including the Websites, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.

Changes to Websites; Unavailability of Websites

We reserve the right to withdraw or amend the Websites in our sole discretion without notice. Note that the Websites and their content are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.

Intellectual Property Rights

© 2018 Midwinter Entertainment, Inc. Midwinter Entertainment™, Midwinter™, and Scavengers™ and related design and composite marks are trademarks of Midwinter Entertainment, Inc. All rights reserved. The Websites and their contents (including any trailers, images, sounds, etc.), features, and functionality are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services and view the Websites and the content set forth therein for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites. You must not access or use for any commercial purposes any part of the Websites or any services or materials available through them. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term "SCAVENGERS", the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Services, including Websites, only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services, including Websites, in any way that violates applicable laws, in order to exploit or harm anyone, to send advertising or promotional material, or to impersonate or attempt to impersonate the Company or anyone else. Additionally, you agree not to:

  • Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services, including the Websites, or interfere with any other party's use of the Services, including the Websites.

  • Engage in any other conduct that affects anyone else's use or enjoyment of the Services, including the Websites, or that, as determined by us, may harm the Company.

  • Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.

  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Websites.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.

  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Services, including the Websites.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

Privacy Policy

All information we collect on the Websites and through the Services is subject to our Privacy Policy. By using the Services, including the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, INCLUDING THE WEBSITES AND THEIR CONTENT, IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE WEBSITES AND THEIR CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, INCLUDING THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES AND WEBSITES OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including the Websites.

Governing Law and Jurisdiction

All matters relating to the Services, including the Websites, and these Terms of Use and any dispute or claim arising therefrom or related thereto, will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services, including the Websites, shall be instituted exclusively in the federal and state courts located in King County, Washington, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy are the sole and entire agreement between you and the Company regarding the Services, including the Websites, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.

Your Comments and Concerns

This Websites are operated by Midwinter Entertainment, Inc. If you have any questions, please get in touch with us at legal@midwinter.net.