Terms of Use

Who this agreement is with

This agreement is between you and Noah Smith (“Axefall,” “we,” “us”). It is not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Axefall app and its content.

By downloading, installing or using the app, or by using axefall.com, you agree to these terms. If you do not agree, please do not use them. You must be at least 13 years old, and if you are under the age of majority where you live, a parent or guardian should review these terms with you.

Your license to play

We give you a limited, personal, non-exclusive, non-transferable, revocable license to download, install and use the Axefall app on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The license is for personal, non-commercial entertainment. The game is licensed to you, not sold.

What you can't do

Please don't:

• copy, modify, reverse engineer, decompile or extract the source code or assets of the game, except where the law lets you;
• sell, rent, lease, sublicense or distribute the game or use it commercially;
• use cheats, bots, exploits or modified versions to interfere with the game or other people's enjoyment of it, or to get around any limits we have built in;
• remove or hide copyright or other notices;
• use the game or website for anything unlawful, or try to disrupt or break into our systems; or
• spam the launch-list form or submit someone else's email address without their permission.

In-game gold and progress

Gold, runes, gear and other in-game items are part of the game experience. They have no cash value, cannot be exchanged for money or transferred, and are not your property. Your progress is stored on your device (see our Privacy Policy). We cannot restore progress that is lost if you delete the app, reset or lose your device, unless it is included in a device backup that you restore through Apple.

Updates and availability

We may update, change, add or remove features, or release new versions. Some updates may be required to keep playing. We do not promise the game will always be available, uninterrupted or error-free, and we may stop offering it at any time.

We are solely responsible for providing any maintenance and support for the app. We will make reasonable efforts to help via our support page. Apple has no obligation to provide any maintenance or support.

This website

You may browse axefall.com for your own use. The website and everything on it is provided “as is.” Screenshots and descriptions show the game as designed and may differ from the released version. Joining the launch list does not obligate you or us to anything, and you can remove yourself at any time.

Ownership

Axefall, including its name, logo, art, characters, music, code and design, belongs to us or our licensors and is protected by copyright, trademark and other laws. We keep all rights not expressly granted to you in these terms.

If you send us feedback or ideas, you let us use them freely without owing you anything. If you believe something in the game or on the site infringes your rights, email axefallgame@gmail.com.

Ending this agreement

You can stop at any time by deleting the app. We may suspend or end your license if you break these terms. When it ends, you must stop using the game and delete your copies. Sections that by their nature should survive (ownership, disclaimers, limits of liability and governing law) will survive.

Warranty disclaimer

To the maximum extent permitted by law, the game and the website are provided “as is” and “as available,” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement. We do not warrant that the game will meet your requirements, run without interruption or errors, or that data will never be lost.

Some places do not allow certain disclaimers, so some of the above may not apply to you. You may have other rights under your local law that these terms do not take away.

Limit of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, profits or goodwill, arising from your use of or inability to use the game or website. Our total liability for any claim relating to them will not exceed the greater of the amount you paid us for the game in the 12 months before the claim or US $50.

Nothing in these terms limits liability that cannot be limited by law, such as for death or personal injury caused by negligence, or for fraud.

Apple's terms

If you use the iOS app, the following also apply. They are required by Apple and take priority over anything above that conflicts with them.

1. Acknowledgement. This agreement is between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content. These terms cannot give you rights that conflict with the Apple Media Services Terms and Conditions.
2. Maintenance and support. We are solely responsible for any maintenance and support of the app. Apple has no obligation whatsoever to provide any.
3. Warranty. If the app fails to meet any applicable warranty, you may tell Apple, and Apple will refund the purchase price if any was paid. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to meet a warranty are our responsibility.
4. Product claims. We, not Apple, are responsible for addressing any claims you or any third party have relating to the app or your possession or use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection, privacy or similar claims.
5. Intellectual property. If a third party claims the app infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging the claim.
6. Legal compliance. You confirm that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
7. Developer contact. Questions, complaints or claims about the app can be sent to: Noah Smith, axefallgame@gmail.com.
8. Third-party terms. You must follow any applicable third-party terms when using the app, such as your wireless data provider's terms.
9. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement. Once you accept it, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

Governing law

These terms are governed by the laws of the State of Tennessee and the United States, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located there, and you and we consent to those courts, except that you may bring a claim in your local small-claims court or where the law of your home country gives you the right to sue locally. Before filing anything, please email us so we can try to fix it.

Changes

We may update these terms from time to time. We will change the date at the top and, for significant changes, tell you in the app, on this site or in the App Store listing. Continuing to use the game after a change means you accept it.

Contact

Questions about these terms? Email axefallgame@gmail.com.