The following sets forth the agreement (this "Agreement") between you and Arcane Embers Game Studio Inc. (with its affiliates, "Arcane Embers," "we" or "us") under which you may use Arcane Embers' website located at arcaneembers.com (the "Website") and all linked pages owned and operated by Arcane Embers, including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, and services thereon, and Arcane Embers' game applications (the "Software"), and all other elements of the Arcane Embers service and other materials that are provided by or in connection with the Arcane Embers service (collectively, the "Arcane Embers Service").
YOU ACKNOWLEDGE THAT, PRIOR TO DOWNLOADING THE SOFTWARE OR USING THE ARCANE EMBERS SERVICE, YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT MODIFICATION. BY USING THE ARCANE EMBERS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE ARCANE EMBERS SERVICE.
Use of and membership in the Arcane Embers Service is void where prohibited. By using the Arcane Embers Service, you represent and warrant that (a) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein; (b) you agree to comply with this Agreement; (c) you acknowledge the Arcane Embers Privacy Policy, accessible at arcaneembers.com/privacy-policy; and (d) your use of the Arcane Embers Service does not violate any applicable law or regulation.
By using the Arcane Embers Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. You must be an individual at least 18 years old to download and/or use the Arcane Embers Service, or, if you are not at least 18, you must be at least 16 years old and may download and/or use the Arcane Embers Service only in conjunction with, and under the supervision of, your parent or guardian, and your parent or guardian must read and agree to these terms of use before you access and/or use the Arcane Embers Service. If you do not qualify, you may not download or use the Arcane Embers Service.
In order to download the Software, you must have an account with an Application Provider (as defined below) such as an Apple iTunes Account or Google Play account, which such services require a valid credit card in order to download and participate. Accordingly, we assume all users of the Software are at least 18 years of age, or are 13 years of age and using the Arcane Embers Services with permission from their parent or guardian and under parental supervision, and your parent or guardian must review and agree to these terms and conditions before you access and/or use the Arcane Embers Service.
Parents, if you have a child under the age of 13, and you are aware that your child is using Arcane Embers Services accessed and/or downloaded under your account (or a fraudulent account), please email Arcane Embers at support@arcaneembers.com. We (or third party analysts or advertisers) collect certain persistent identifiers (such as device IDs) and/or geolocation data during gameplay and use of the Arcane Embers Service for internal purposes such as user authentication, improving game/site navigation, maintaining user preferences, serving advertisements, and protecting against fraud or theft. Please see our Privacy Policy, accessible at arcaneembers.com/privacy-policy for more details.
You may not access or use the Arcane Embers Service if you are a competitor of ours or if we have previously banned you from the Arcane Embers Service or closed your account.
Arcane Embers develops and publishes video gaming applications to be used for entertainment purposes only. Provided that you otherwise fully comply with the terms and conditions of this Agreement, and upon downloading the Software, we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software solely as set forth herein.
We grant you permission to use the Arcane Embers Service, including without limitation the Software, subject to the restrictions in this Agreement. The Arcane Embers Service and some reference sites contain Content (as defined below) of Arcane Embers. Such Content is protected by copyright, trademark, trade secret and other laws, and Arcane Embers owns and/or licenses such Content. Arcane Embers hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Arcane Embers' Content solely for your personal use in using the Arcane Embers Service. You may not modify, translate, publish, broadcast, transmit, distribute, perform display or sell any Content appearing on the Arcane Embers Service, except as expressly authorized by Arcane Embers. As used within this Agreement, "Content" shall include, but is not limited to, text, images, files, photos, audio, works of authorship, location information or any other forms of data or communication. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access Arcane Embers or collect information from it. The Arcane Embers Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Except as expressly authorized herein, you agree to the following restrictions:
Information, data, software, sound, images, tags, or other materials uploaded, transmitted or otherwise made available by you via the Arcane Embers Service ("User Content), whether publicly posted or privately sent, is the sole responsibility of the person that sent the User Content. This means that you, not Arcane Embers, are entirely responsible for all of your User Content. You agree not to upload, transmit or otherwise make available any User Content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable, invasive of another's privacy, or that violates the intellectual property rights of others.
Our games may include virtual items or currencies, including, but not limited to, "gold", "bucks", "crystals", "coins", some of which may be "earned" or purchased for real money ("Virtual Goods"). You must be 18 years old to purchase Virtual Goods with real money. Your account and any related items are owned by Arcane Embers. Arcane Embers gives you a limited license to use your account and the related items while we offer the Arcane Embers Service.
If your account is terminated in accordance with these Terms of Use, we will also delete and terminate any Virtual Goods associated with your account. You are not allowed to transfer Virtual Goods outside of the Arcane Embers Service, for example by selling, gifting, or trading them. Any such transfer or attempted transfer is prohibited and void may lead to the termination of your account and any associated Virtual Goods.
We are not an internet service provider. To access the Arcane Embers Service or to play our video games, you might need to have internet access and/or a device that meets the technical requirements of the Application Provider. In connection with your use of the Arcane Embers Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
The Arcane Embers Service may store and provide to Arcane Embers data about your location and about your interaction with the Arcane Embers Service, including without limitation, data related to gameplay and the content accessed while using the Arcane Embers Service.
In connection with your use of the Arcane Embers Service, we may display certain third party advertising based on your current location or your use of the Arcane Embers Service. Additionally, the Arcane Embers Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Arcane Embers. Arcane Embers is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
We may provide links to third party services from the Arcane Embers Service. We are not responsible for the content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to any such third party you are providing it in accordance with such third party's privacy policy (if any) and Arcane Embers's obligations under its Privacy Policy do not apply in relation to that data.
You have no right to exploit Arcane Embers's intellectual property except as specifically set forth in this Agreement. Arcane Embers retains ownership of all intellectual property rights (including, without limitation, copyrights, patents, know-how, trade secrets and any trademarks or service marks) in and relating to the Arcane Embers Service (collectively the "Arcane Embers IP"). You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Arcane Embers IP or any portion thereof, or use such Arcane Embers IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not, nor authorize, encourage or assist others to, attempt to decompile, disassemble, reverse engineer, modify or create derivative works based on the Arcane Embers IP.
You may voluntarily elect to send us any ideas, suggestions, documents or proposals ("Feedback") related to the Arcane Embers Service or otherwise. By sending us Feedback, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Arcane Embers has no obligation to furnish you with technical support unless separately agreed in writing between you and Arcane Embers.
This Agreement will be deemed to have been made in the Province of Quebec, and the provisions and conditions of this Agreement will be governed by and interpreted in accordance with the laws of the Province of Quebec, without regard to conflict of laws principles thereof. YOU AND ARCANE EMBERS AGREE THAT THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS MONTREAL, QUEBEC. YOU AND ARCANE EMBERS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney's fees.
Arcane Embers makes no claims that the Software or any other portion of the Arcane Embers Service may be lawfully accessed, used or downloaded outside of Canada or the United States. Any such use of the Software and/or the Arcane Embers Service may not be lawful by certain persons or in certain territories. If you access any of these from outside of Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, or the Canadian Government, and that you will not export or otherwise transfer the Software or any other portion of the Arcane Embers Service, directly or indirectly, to a prohibited country.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. There are no third party beneficiaries to this Agreement, except as expressly set forth herein or agreed to by Arcane Embers.
This Agreement shall commence on the date you first begin using the Arcane Embers Service and shall continue until the date you close your user account on the Arcane Embers Service and cease all use of the Arcane Embers Service. Arcane Embers reserves the right to terminate your use of the Arcane Embers Service at any time, in its sole discretion, and you should not place any reliance on your ability to continue to use the Arcane Embers Service. In case of any termination, you must cease all use of the Arcane Embers Service and Arcane Embers may immediately restrict your access to the Arcane Embers Service. All provisions hereof that are reasonably intended to survive beyond termination of this Agreement, including without limitation all provisions related to your license of Posted Content to Arcane Embers, representations and warranties, disputes, limitations on liability, and indemnification, and any claims for payments due to Arcane Embers, shall survive any expiration or termination of this Agreement.
In the event you are using the Arcane Embers Service in connection with a device and an application (an "Application) accessed through or downloaded from any app store or distribution platform (including, but not limited to, Steam, Apple App Store or Google Play) where the Application is made available (each an "Application Provider"). You acknowledge and agree that:
You must also comply with all applicable third party terms of service when using the Application.
The heading references herein are for convenience purposes only, do not constitute a part of Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
THE ARCANE EMBERS SERVICE, INCLUDING THE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS. ARCANE EMBERS, AND ITS USERS, AFFILIATES, LICENSORS, AGENTS, MERCHANTS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE ARCANE EMBERS SERVICE, INCLUDING THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU COMMENCE USING THE ARCANE EMBERS SERVICE. THIS CONDITIONAL WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR USERS, LICENSORS, AGENTS, MERCHANTS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE ARCANE EMBERS SERVICE, YOUR USE THEREOF OR IN ANY WAY RELATED TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT IN NO EVENT SHALL ARCANE EMBERS, OR ITS USERS, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABILITY FOR ANY DAMAGES, INJURIES OR LOSSES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY ANY THIRD PARTIES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE ARCANE EMBERS SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE ARCANE EMBERS SERVICE. YOU WAIVE AND RELEASE ARCANE EMBERS AND ITS USERS, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS FROM ANY CLAIM, LIABILITIES, DAMAGES, OR INJURY ARISING FROM OR RELATING TO ANY ACT OR OMISSION OF ANY THIRD PARTY IN CONNECTION WITH SUCH UNDERLYING PRODUCTS OR SERVICES.
YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD ARCANE EMBERS LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF ARCANE EMBERS.
WE FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE ARCANE EMBERS SERVICE. YOUR USE OF THE ARCANE EMBERS SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL OR CONTENT FROM THE ARCANE EMBERS SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE LIABILITY OF ARCANE EMBERS AND ITS USERS, AFFILIATES, LICENSORS, AGENTS, MERCHANTS AND SUPPLIERS FOR ANY DAMAGES WHATSOEVER, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE, ARISING UNDER OR RELATED TO THIS AGREEMENT, THE ARCANE EMBERS SERVICE OR THE USE THEREOF, SHALL BE LIMITED TO $100. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless, defend and release Arcane Embers, its users, licensors, suppliers and partners, and its and their respective officers, directors, stockholders, agents and affiliates, from any claims, losses, damages or liabilities, including attorney's fees, arising out of (i) the use or misuse of the Arcane Embers Service by you or any third party using your account, (ii) breach of any of this Agreement by you or any third party using your account, (iii) the violation of any applicable law or the rights of any other person or entity arising out of related to the Arcane Embers Service or the use thereof by you or any third party using your account, or (iv) the infringement of any intellectual property or other right of any person or entity by you or any third party using your account. You agree not to settle any matter without the prior written consent of Arcane Embers. Arcane Embers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
You acknowledge that Arcane Embers may update this Agreement from time to time, and you agree to be bound by any subsequent update to this Agreement. The most recent version of this Agreement can be found at arcaneembers.com/terms. If you do not consent to the updated Agreement, you can uninstall and/or discontinue use of the Arcane Embers Service. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Arcane Embers as set forth above.
Arcane Embers Game Studio Inc.
support@arcaneembers.com
Last updated: April 23, 2025.