Terms of Use
Nobember 29, 2018

Amendments

  • SmokymonkeyS reserves the right to amend these Terms of Use from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.

Rights

  • SmokymonkeyS is the owner or licensee of all rights including all copyright and other intellectual property rights relating to or included within the Website, Materials and Services ("Rights"). The Rights include without limitation all rights in respect of all graphics and all other elements included in and deriving from the gameplay and virtual world featured in Triglav, including without limitation in-game characters and any virtual items ("Virtual Items") and their associated benefits or properties acquired or provided for use within Triglav.

Amendments to Triglav

  • SmokymonkeyS at all times retains the right to deal with the Rights as SmokymonkeyS at its sole discretion deems appropriate, including without limitation the right without notice to alter, modify, redesign, suspend or discontinue any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.

Scarab Gem

  • SmokymonkeyS may offer 'Scarab Gem' for sale ("SG") which can, in accordance with the procedures and further terms specified by SmokymonkeyS from time to time, be used to pay for certain goods and services, including without limitation Virtual Items, as may be offered from time to time by SmokymonkeyS in relation to the Website, Materials and Services. SmokymonkeyS reserves the right to offer or cease to offer SG for purchase or to restrict the purchase of SG by you at its sole discretion. To the greatest extent permitted by law SmokymonkeyS reserves the right to alter the terms and conditions relating to any SG which you have previously purchased. SmokymonkeyS reserves the right to provide SG at no charge to any users of any of the Website, Materials and Services on such terms and conditions as SmokymonkeyS at its sole discretion deems appropriate.

Restrictions

  • Under no circumstances, without the prior written approval of SmokymonkeyS, may you:
    a) Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.
    b) Modify or adapt (including through third parties and third party tools) the game client or its data, other than in the normal course of Triglav gameplay as permitted in accordance with the Licence.
    c) Utilise any automated software or 'bots' in relation to your access or use of the Website, Materials or Services.
    d) Knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (our "Data Server") to become overloaded or crash.
    e) Connect to the Data Server through any software other than the authorised game client software.
    f) Perform in-game services during your use of the Website, Materials or Services for any form of compensation outside of Triglav.
  • If unable to do so, SmokymonkeyS will have no further liability to you with regard to any SG including with respect to any obligation to refund to you the purchase price paid for SG.

Content

  • While SmokymonkeyS has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate, SmokymonkeyS does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free. SmokymonkeyS does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law SmokymonkeyS does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services, including without limitation where such loss or damage is a result of or contributed to by the negligence of SmokymonkeyS.

Statistics

  • Although SmokymonkeyS may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Website, Materials or Services and their usage of any of the Website, Materials or Services, subject to the further terms of these Terms of Use, SmokymonkeyS will not share or make public personally identifiable information about you without your prior permission.

Data Transmission

  • Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst SmokymonkeyS strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.

Disclosing Information

  • You also agree that SmokymonkeyS is entitled to disclose information it holds about you without your prior permission if SmokymonkeyS reasonably believes that such disclosure is necessary to:
    a) meet legal requirements;
    b) comply with legal process or help to maintain the law;
    c) protect SmokymonkeyS' rights; or
    d) enforce these Terms of Service or any other agreement that SmokymonkeyS may have with you.

Lost Data

  • In the event that any information or data (including without limitation in respect of in-game characters, Virtual Items or general Triglav gameplay) relating to you or your use of any of the Website, Materials and Services held by SmokymonkeyS is lost, corrupted or otherwise no longer reasonably available or accessible as judged by SmokymonkeyS in its sole discretion, you agree that to the greatest extent permissible at law SmokymonkeyS will have no liability to you of any nature relating to any such information or data.

Support

  • SmokymonkeyS reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as SmokymonkeyS at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as SmokymonkeyS at its sole discretion deems appropriate.

Failure to Comply

  • SmokymonkeyS accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.

Waiver

  • If SmokymonkeyS waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Entire Agreement

  • These Terms of Use constitute the entire agreement between you and SmokymonkeyS in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.