Important: Read this agreement before you use the game or our websites.

Section 20 contains a binding arbitration clause and class action waiver that affects your legal rights. Please read it carefully.

These Terms of Use (this “Agreement”) govern the video game software (including the “Riftblade” game) and associated websites (together, the “Service”) provided by The Gambit Foundry LLC (“The Gambit Foundry”).

NOTICE TO PURCHASERS: Your purchase of the Service provides you with a license to use the Service under the terms of this Agreement - it is not a transfer of ownership. When you “buy” or “purchase” the Service, you are acquiring a license to use the Service according to these terms. The full terms and conditions of this license are detailed below.

1.Acceptance of Terms

By using the Service, you agree to the following:

1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;

1.2. You must use the Service in compliance with applicable laws and with this Agreement, including any updates we post; and

1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree to this Agreement, you must stop using the Service.

2. The Gambit Foundry’s License to You

The Gambit Foundry grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. 

You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof, except to the extent prohibited from restriction by applicable law or permitted by the open-source licenses governing any included components.

Apple Users: For users who accessed the Service through the Apple App Store, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, the above license is limited to usage on any Apple-branded products that you own or control, and only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/us/terms.html. However, the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

3. Messages from The Gambit Foundry

You agree to receive transactional communications from The Gambit Foundry through the Service or by email, such as product announcements and administrative notices, which are not “unsolicited commercial email advertisements.” 

Marketing emails will include opt-out instructions, and you may opt out at any time as required by law.

4. Third-Party Platforms

Even though you may have purchased or licensed the Service through a third-party platform (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service. Each Third-Party Platform may have its own terms that you must accept to access and use the Service. Additionally, this Agreement does not modify your relationship with any Third-Party Platform under its applicable terms, including any terms of use or end user license agreement.

5. Your Account

5.1. Account Creation. To use the Service, you must register for an account or connect a third-party account (your “Account”) and be at least 13 years old; if you are a minor in your jurisdiction and at least 13, your parent or legal guardian must establish the Account. 

You are responsible for all activity on your Account, including by anyone who accesses it through your credentials. You must keep your Account credentials and devices secure and notify The Gambit Foundry immediately of any breach of security or unauthorized use.

You may create only one Account; creating multiple Accounts may result in suspension or termination at The Gambit Foundry’s discretion.

5.2. Accurate Information. You must provide accurate Account information and keep it current at all times. 

5.3. Suspension of Accounts. The Gambit Foundry may suspend or terminate your Account or access to the Service if we determine you violated this Agreement, posed a security or legal risk, or for any reason permitted by law.

5.4. Your Username. The Gambit Foundry may require you to change any screen name that (i) impersonates another person, (ii) infringes or violates a third party’s rights, or (iii) violates our community standards, as determined by The Gambit Foundry. Users additionally agree that their usernames:

• will not be vulgar or insulting;

• will not have sexual or pornographic connotations;

• will not resemble or imitate a registered trademark or other term protected by intellectual property laws;

• will not to promote a commercial service; and

• will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above. 

5.5. Account Privacy. You agree that communications with other users through the Service are not private and that The Gambit Foundry may access, monitor, or disclose them as permitted by law and our Privacy Policy. The Gambit Foundry will cooperate with law enforcement and other governmental entities as required by law.

5.6. No Account Purchases and Transfers. You may not buy, sell, give, trade, or attempt to transfer any Account. The Gambit Foundry owns, has licensed, or otherwise has rights to all content in the Service, including Accounts.

6. Virtual Items

Virtual goods, downloadable content, and virtual tokens or currency (collectively, “Virtual Items”) may be offered for purchase or earned through the Service. If you choose to purchase with real currency, you make an offer to The Gambit Foundry to buy at the prices and on the terms posted in the Service. 

You agree that you have no right or title in or to any Virtual Items. The Gambit Foundry does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. For clarity, Virtual Items have no real-world value and are licensed, not sold or owned.

Unless required by law or stated in the Service or by your Third-Party Platform, all Virtual Item transactions are final upon processing and non-refundable.  

7. Support Services

The Gambit Foundry may, at its discretion, provide customer and technical support services related to the Service (“Support Services”), and has no obligation to do so unless required by law. No failure to provide, or to continue to provide, Support Services will be a default of The Gambit Foundry under this Agreement. Any supplemental software provided through Support Services is part of the Service, remains the sole property of The Gambit Foundry, and is subject to this Agreement. 

You can reach The Gambit Foundry customer support at contact@thegambitfoundry.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to The Gambit Foundry in connection with Support Services.

8. Modification, Termination, and Monitoring of the Service

The Gambit Foundry reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree The Gambit Foundry will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

The Gambit Foundry reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We may refuse access to the Service or terminate any Account at any time as permitted by law.

9. Security of Data Transmission and Storage

Electronic communications using the Service may not be encrypted. You acknowledge the risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties during transmission. 

The Gambit Foundry and its affiliates and agents may review or retain your communications as permitted by law and our Privacy Policy. 

10. Hyperlinks

The Service may contain links to third-party sites and software applications, including display advertisements (the “Linked Services”). The Gambit Foundry does not control the Linked Services, and The Gambit Foundry and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that The Gambit Foundry has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. 

There are risks in using any information, software, or products found on the Internet, and The Gambit Foundry cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. To the fullest extent permitted by law, you will not hold The Gambit Foundry or its affiliates or agents liable for any loss or damage caused by your use of or reliance on any content, goods, or services available on Linked Services.

11. Trademarks and Copyrights

The Service is owned by The Gambit Foundry and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to The Gambit Foundry or are used under license from a third party. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of The Gambit Foundry or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by, The Gambit Foundry. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

Apple Users: In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, The Gambit Foundry, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

12. Disclaimer of Warranties

You use the Service at your own risk. 

The Service is provided by The Gambit Foundry on an “as is” and “as available” basis. The Gambit Foundry disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Gambit Foundry does not warrant that (i) the Service will meet your requirements, (ii) operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) any results from use of the Service will be accurate or reliable. 

No advice or information, whether oral or written, obtained by you from The Gambit Foundry, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.

To the maximum extent permitted by law, no Third-Party Platform is a party to this Agreement or to your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

Apple Users: In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. Additionally, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be The Gambit Foundry’s sole responsibility.

13. Limitation of Liability

To the fullest extent permitted by law, The Gambit Foundry and the Third-Party Platforms will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, goodwill, data, or other intangible losses (even if advised of the possibility), arising from your use of or inability to use the Service or related matters.

You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations in this Agreement and may be brought only against The Gambit Foundry, as described in Sections 19 and 20 below.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The Gambit Foundry and its affiliates will be limited to the fullest extent permitted by law.

Apple Users: Both you and The Gambit Foundry acknowledge that The Gambit Foundry, not Apple, are responsible for addressing any user claims User or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of the HealthKit and HomeKit frameworks.

14. Indemnification

You agree to indemnify, defend, and hold harmless The Gambit Foundry and its affiliates, officers, agents, and employees from and against any third-party claims, demands, losses, costs, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of your breach of this Agreement, violation of law, or infringement or violation of another’s rights. This indemnity does not limit any disclaimers or limitations of liability in this Agreement, which apply to the fullest extent permitted by law.

15. Your Personal Information

Certain personal and other information we collect, process, and share is subject to our Privacy Policy, which is incorporated by reference; by using the Service, you agree to the Privacy Policy as updated from time to time.

16. Disclosures Required by Law

The Gambit Foundry may disclose information, including personal data about you, as necessary to comply with applicable law, regulation, legal process, or governmental requests. The Gambit Foundry reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing The Gambit Foundry to disclose the identity of any user believed to be in violation of this Agreement.

By accepting this Agreement, you agree not to assert claims against The Gambit Foundry arising from actions it takes in good faith during investigations it conducts or cooperates with, subject to applicable law.

17. Legal Compliance

By using the Service, you promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Third-Party Beneficiary

You agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that they have the right to enforce this Agreement as a third party beneficiary.

19. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with The Gambit Foundry, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Texas. This is the case regardless of whether you reside or transact business with The Gambit Foundry, or any of its affiliates or agents, in the State of Texas or elsewhere. Unless a dispute would be governed by the terms of Section 20 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Austin, Texas, USA.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with The Gambit Foundry by sending a message via email to contact@thegambitfoundry.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by using the EU consumer dispute resolution procedures here: https://europa.eu/youreurope/citizens/consumers/consumers-dispute-resolution/index_en.htm. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

20. Binding Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.

YOU AND THE GAMBIT FOUNDRY AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.

The arbitrator will have the authority to decide all issues of arbitrability, including the scope and enforceability of this arbitration agreement. Any dispute will be resolved by binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures, which are incorporated herein by reference and available at https://www.jamsadr.com/rules-streamlined-arbitration/.

Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.

To start an arbitration, you must send an email to contact@thegambitfoundry.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Austin, Texas, USA, unless the Parties agree to video, phone, or internet connection appearances.

Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and The Gambit Foundry will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.

Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND THE GAMBIT FOUNDRY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

You and The Gambit Foundry agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.

21. Miscellaneous Terms

1. Agreement Revisions. We may update this Agreement by posting a new version in the Service, and the updated Agreement will apply to your use after it is posted.

2. Force Majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, embargoes, government actions, fires, floods, accidents, epidemics, strikes, labor or material shortages, utility or telecommunications outages, or failures of third-party hosting or network providers. 

3. No Partnership. This Agreement and your use of the Service do not create any joint venture, partnership, employment, or agency relationship between you and The Gambit Foundry. 

4. Assignment. We may assign this Agreement, in whole or in part, without notice; you may not assign this Agreement without our prior written consent, and any attempted assignment by you without consent is void.

5. Severability. If any part of this Agreement is invalid or unenforceable, that part will be severed and the rest will remain in effect. 

6. Attorneys’ Fees. In any action arising out of this Agreement, the prevailing party may recover its reasonable attorneys’ fees and costs.

7. No Waiver. A failure or delay to enforce any provision is not a waiver of that provision, and a waiver must be in writing to be effective. 

8. Equitable Remedies. You agree that a breach of this Agreement may cause irreparable harm, and we may seek injunctive or other equitable relief without posting bond, in addition to any other remedies available at law or in equity.

9. Entire Agreement. This Agreement, including documents incorporated by reference, is the entire agreement between you and The Gambit Foundry about the Service and supersedes all prior or contemporaneous communications about the Service.