Terms of Service
Last Modified: April 11, 2026
United States Only. This version of the Terms of Service applies exclusively to users located in or resident in the United States.
1. Acceptance of the Terms of Service
These terms of service are entered into by and between You and Slumbering Forest LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), as amended from time to time, govern your access to and use of https://sforest.io/ ("SForest Platformâ), including any content, functionality, games, software, applications, third-party video games and in-game content, any virtual items you may acquire in a SForest Marketplace and other products and services offered on or through SForest Platform (collectively, the "Service"), whether as a guest or a registered user.
Please read the Terms of Service carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Notice, found at https://sforest.io/legal/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service.
A few other important notes about the Terms of Service:
(a) You and SForest agree to resolve disputes between us in individual arbitration. Section 24 explains the process in detail. If you do not wish to be subject to arbitration, you must opt out of the arbitration provision by following the instructions provided in Section 24. Weâve put this up front (and in caps) because itâs important:
a. THIS TERMS OF SERVICE CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS TERMS OF SERVICE, YOU AND SFOREST AGREE TO RESOLVE CERTAIN DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION (SEE SECTION 24).
b. TO ENTER INTO THIS TERMS OF SERVICE, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING THE SERVICE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS TERMS OF SERVICE (INCLUDING ITS DISPUTE RESOLUTION TERMS).
(b) Our Privacy Notice explains how we collect, use, disclose, and otherwise process information about you. Your use of the Service is also governed by our Privacy Notice, which describes how we collect, use, disclose, and otherwise process personal information. By using the Service, you acknowledge that you have read and understand the Privacy Notice..
2. Eligibility
This Service is offered and available to users who are eighteen (18) years of age (or the age of majority where you live) or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with SForest and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
You may not create a SForest Account or use any Service if: (a) you cannot enter into a binding contract with SForest, (b) you do not meet the age requirements set forth above, (c) you are located in, or a resident of, a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, (d) you are subject to any sanctions administered by an agency of the U.S. government or the United Nations, (e) you are listed on any United States government list of prohibited or restricted parties, or (f) you have previously been banned from using any Service, unless SForest has reversed that ban, in its sole discretion.
3. Changes to the Terms of Service
Each of your SForest account(s) and access to and use of any other Services are governed by these Terms of Service and may be applicable additional application, forum, or game specific rules, guidelines, or terms that SForest posts on https://sforest.io/legal/rule, makes available to you, or otherwise gives you notice of and access to (the âSupplemental Termsâ). The Supplemental Terms are incorporated into these Terms by reference. If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control for that specific instance of conflict.
We may revise and update these Terms of Service or Supplemental Terms from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Service.
Your continued access or use of the Service following the posting of revised Terms of Service or Supplemental Terms means that you accept and agree to the changes. If you do not agree to any revision we make to Terms of Service or Supplemental Terms, you must immediately discontinue using and participating in the applicable Services. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. Accessing the Service and Account Security
a. Account registration
When you complete SForestâs registration process, you create an SForest account ("Account"). If you create an Account, you must provide truthful and accurate information when creating such an Account and promptly update this information if it changes. Your Account may also include billing information you provide to us for transactions concerning the Services. You may not reveal, share or otherwise allow others to use your password or Account, except as otherwise specifically authorized by us when we assist you with troubleshooting. Any such authorization will be limited in scope and duration to what is strictly necessary to resolve the relevant issue, and you remain responsible for all activity on your Account during any such authorized access.
You are responsible for both:
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Making all arrangements necessary for you to have access to the Service.
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Ensuring that who access the Service through your internet connection are aware of these Terms of Service and comply with them.
b. Registration data
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password, or any other piece of information (collectively âCredentialsâ) as part of our security procedures, you are responsible for the confidentiality of your credentials and for the security of your computer system, and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your Account. SForest is not responsible for any use of your Account or password, including any communications or activity occurring on the Service that results from the use of your login credentials by you or by any person to whom you have disclosed your credentials, whether intentionally or through your failure to maintain their confidentiality.
Unless it results from SForestâs negligence or fault, SForest is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
You also acknowledge that your Account is strictly personal to you and used only by you. You agree not to provide any other person with access to this Service or portions of it using your username, password, credentials or other security information. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, or charge others for the right to use other than if and as expressly permitted by Terms of Service or Supplemental Terms or as otherwise specifically permitted by SForest.
c. Account Termination
We have the right to disable or to refuse to register any username, password or other credentials, or to terminate it, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Service to users, including registered users. We reserve the right, but are not obligated, to delete and/or terminate any Account that has been inactive for at least one hundred and eighty (180) consecutive days.
Following termination of your Account, SForest may retain certain information as necessary to comply with legal obligations, resolve disputes, enforce agreements, maintain security, and prevent fraud, as described in the Privacy Notice.
d. Network access
When you access the Services through a mobile network, your network or roaming provider's messaging, data, and other rates and fees may apply. You are responsible for paying any fees to connect to a mobile network or the internet, and for paying any fees for data or cellular usage to download and use the Services. Downloading, installing, or using certain Services may be prohibited or restricted by your network provider and not all features of the Services may work with your network provider or device. You are responsible for checking with your network provider or device provider for any such prohibitions and restrictions.
e. Mobile device usage
You may choose to use the Services on a mobile device. You acknowledge and agree that some of the Services may be dependent on a third-party service through which you can download one of our mobile applications, such as the Apple App Store or Google Play Store (each, a âThird-Party App Storeâ) and the Third-Party App Store may require you to agree to its own terms and conditions before downloading any mobile application to use our Services. You may need an account with SForest Platform that provides your mobile application marketplace provider identifier, like an Apple ID or Google Account. You may need to update mobile device software from time to time to receive the Services. You are responsible for procuring the equipment (computer, phone, tablet, etc.) for your use of the Services and for paying any fees to the Third-Party App Stores related to your use the Services on a mobile device.
f. Orders Processing
Your order through SForest Platform is an offer to SForest to agree on the delivery of the ordered Subscriptions and Services in exchange for the listed price.
When you place an order on SForest Platform, we will send you a message confirming receipt of your order and containing the details of your order (the âOrder Confirmationâ). The Order Confirmation is an acknowledgement that we have received your order and does not confirm acceptance of your offer to enter into an agreement.
In the case of Services, we accept your offer, and conclude the agreement with you, by confirming the transaction and making the Services available to you or, in the case of pre-orders, only by confirming the transaction to you and deducting the applicable price from your payment method.
You consent to receiving sales invoices electronically.
g. Payment Processing
Payment processing related to Services purchased on the SForest Platform is performed by either SForest directly or by SForestâs fully owned subsidiary on behalf of SForest. In any case, delivery of Services is performed by SForest.
5. Billing, Payment and Other Subscriptions
All charges incurred on SForest Platform, and all purchases made with the SForest Wallet, are payable in advance and final, except as described in Sections 5.g and 22 below.
a. Payment Authorization
When you provide payment information to SForest or to one of its payment processors, you represent to SForest that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize SForest to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, SForest Wallet funds or other fees incurred by you.
For Subscriptions ordered based on an agreed usage period, where recurring payments are made in exchange for continued use ("Recurring Payment Subscriptions"), by continuing to use the Recurring Payment Subscription you agree and reaffirm that SForest is authorized to charge your credit card (or your SForest Wallet, if funded), or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have ordered any Recurring Payment Subscriptions, you agree to notify SForest promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify SForest promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.
If your use of SForest Platform is subject to any type of use or sales tax, then SForest may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, SForest may terminate your access to your Account.
b. Responsibility for Charges Associated with Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, SForest reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before SForest will allow you to register again.
SForest considers it an improper chargeback where you dispute a Wallet Top-Up Transaction after having applied the corresponding funds to In-Platform Purchases. Where SForest determines that a chargeback has been filed improperly in respect of Spent Funds, SForest reserves the right to: (a) suspend or permanently terminate your Account and deny future account registrations; (b) restrict or block the associated payment method from use on the SForest Platform; (c) recover any amounts improperly obtained through chargebacks from any future SForest Wallet balance or account credit; and (d) report the Account to relevant card network fraud monitoring programs. These consequences apply regardless of the outcome of any chargeback dispute at the payment processor level.
c. SForest Wallet
We may make available an account balance associated with your Account (the âSForest Walletâ). The SForest Wallet is neither a bank account nor any kind of payment instrument. It functions as a prepaid balance to order Services. You may place funds in your SForest Wallet by credit card, prepaid card, promotional code, or any other payment method accepted by us. The maximum SForest Wallet balance for unverified users shall not exceed USD $500 (or equivalent), unless otherwise determined by SForest based on account verification status, risk profile, or applicable legal requirements. SForest may impose additional limits on transaction volume, frequency, and velocity, including within any twenty-four (24) hour period. These limits are disclosed to you at the time of account creation and at the point of each Wallet Top-Up Transaction. SForest may change or impose different SForest Wallet balance and usage limits from time to time.
You will be notified by e-mail of any change to the SForest Wallet balance and usage limits within sixty (60) calendar days before the entry into force of the change. Your continued use of your Account more than thirty (30) calendar days after the entry into force of the changes will constitute your acceptance of the changes. If you donât agree to the changes, your only remedy is to terminate your Account or to cease use of your SForest Wallet. SForest shall not have any obligation to refund any credits remaining on your SForest Wallet in this case.
You may use SForest Wallet funds to order Subscriptions, including by making in-game orders where SForest Wallet transactions are enabled. SForest Wallet funds do not constitute a personal property right, have no value outside SForest Platform and can only be used to order Subscriptions and related content via SForest Platform (including but not limited to games and other applications offered through the SForest Store, or in a SForest Marketplace). SForest Wallet funds have no cash value and are not exchangeable for cash, except that Unused Funds may be refunded to your original payment method in accordance with Section 5.g. SForest Wallet funds are non-transferable in all circumstances, including with respect to Unused Funds. SForest Wallet funds that are deemed unclaimed property may be turned over to the applicable authority.
The SForest Wallet operates as a two-step transaction system. A "Wallet Top-Up Transaction" occurs when you load funds into your SForest Wallet using an external payment method (such as a credit card, debit card, or PayPal); this is the charge that will appear on your payment statement. An "In-Platform Purchase" occurs when you apply SForest Wallet funds to purchase a Subscription or other digital content on the SForest Platform; no separate external payment charge is generated at this step. Your right to a refund in respect of a Wallet Top-Up Transaction depends on whether, and to what extent, the corresponding funds have been applied to an In-Platform Purchase, as set out in Section 5.g below. SForest Wallet funds are non-transferable in all circumstances, as set out above.
d. Trading and Transactions of Platform Collectibles Between Users
For the avoidance of doubt, the term âSubscriptionsâ as used in these Terms of Service refers to purchasable digital content generally, including games, in-game items, virtual currency, and recurring access plans, and is not limited to time-based access plans. âPlatform Collectiblesâ means platform-issued trophies, badges, and other achievement or recognition items issued by SForest and made available through the SForest Platform. Platform Collectibles are the only category of item currently eligible for user-to-user trading in the SForest Marketplace. SForest may expand or restrict the categories of items eligible for Marketplace trading at any time upon notice to users. SForest may include one or more features or sites that allow users to acquire or dispose of Platform Collectibles with, to, or from other users (âSForest Marketplacesâ). By using or participating in SForest Marketplaces, you authorize SForest, on its own behalf or as an agent or licensee of SForest, to transfer those Platform Collectibles from your Account in order to give effect to any transaction you make. SForest has the absolute right to manage, regulate, control, modify and/or eliminate such Platform Collectibles as it sees fit in its sole discretion, and SForest shall have no liability to you or anyone for the exercise of such rights.
SForest may charge a fee for transactions in the SForest Marketplace. Any fees will be disclosed to you prior to the completion of the transaction.
SForest collects sales tax/VAT/GST/etc. for transactions in a Platform Collectibles Marketplace as required by law. You should consult with a tax specialist to determine your tax liability in connection with your activities in any Platform Collectibles Marketplace.
SForest reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion or giveaway
You understand and acknowledge that SForest does not have any obligation to provide or maintain the SForest Marketplace. SForest may decide to cease operation of any SForest Marketplace, change the fees that it charges or change the terms or features of the SForest Marketplace. You will be notified of any substantial change to the terms or availability of the SForest Marketplace in a timely fashion before the entry into force of the change, except in cases of force majeure, user's fault or third party event outside of SForest's control.
You understand and acknowledge that Platform Collectibles acquired in the SForest Marketplace are license rights, that you have no ownership interest in such Platform Collectibles, and that SForest does not recognize any transfers of Platform Collectibles (including transfers by operation of law) that are made outside of the SForest Platform.
You also understand and acknowledge that SForest has no obligation to, and will not, reimburse you for any Subscriptions, Services, or Platform Collectibles lost due to your violation of these Terms of Service, disruption, interruption, or discontinuance of the Service or Service downtimes related to the same. All Subscriptions, Services, and Platform Collectibles are forfeited if your Account is terminated or suspended for any reason, in SForestâs sole and absolute discretion, or if SForest discontinues providing the Service. You agree that all purchases of Subscriptions and Services are payable in advance and are final except as otherwise provided in these Terms of Service.
You also agree that SForest has no liability for a third-party hacking or loss of your Subscriptions. SForest reserves the right, without prior notification, to limit the order quantity of any Subscriptions and/or to refuse to provide you with any Subscriptions.
e. Free Platform Collectibles
In some cases, SForest may offer a free Platform Collectibles to you. As with all Platform Collectibles, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using the Service, even when SForest offers a free Subscription.
f. Third-Party Sites
SForest Platform may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to SForest. SForest Platform may also provide access to third-party vendors, who provide content, goods and/or services on SForest Platform or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.
When you access third-party services through the Service, those third parties may collect information about you independently. SForest does not control such third-party data practices and is not responsible for their privacy practices.
THE SFOREST PARTIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION REGARDING THEIR AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, OR FITNESS FOR ANY PURPOSE, WHETHER OR NOT AN SFOREST PARTY KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE, AND WHETHER ARISING UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. THE SFOREST PARTIES SHALL HAVE NO LIABILITY TO YOU ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF ANY THIRD-PARTY SERVICES.
g. Refunds and Right of Withdrawal
(i) Unused Funds (Refundable).
The portion of a Wallet Top-Up Transaction that has not been applied to any In-Platform Purchase (the âUnused Fundsâ) is eligible for refund to the original payment method, subject to the following conditions: (a) you submit a refund request to SForest at [email protected] within fourteen (14) calendar days of the date the Wallet Top-Up Transaction was processed; (b) the Unused Funds have not been applied to any In-Platform Purchase at the time SForest processes the refund; and (c) your Account is in good standing and has not been suspended or terminated. Where the original payment method is unavailable, SForest may credit Unused Funds to your SForest Wallet instead of refunding to your payment method. Wallet credits are not exchangeable for cash.
(ii) Spent Funds (Non-Refundable).
The portion of a Wallet Top-Up Transaction that has been applied to an In-Platform Purchase (the âSpent Fundsâ) is non-refundable once the corresponding digital content has been delivered and made accessible to you. This applies regardless of whether you subsequently use or access the purchased content. The following categories of In-Platform Purchases are non-refundable once delivered: (a) games and software applications, once downloaded, installed, or accessed; (b) in-game virtual items and virtual currency, upon delivery to your Account; (c) Recurring Subscriptions, for any billing period in which the Subscription has been accessed or benefits used; (d) downloadable content (DLC), once downloaded or unlocked within the associated base game; and (e) promotional credits, bonus Wallet funds, or gifted Wallet amounts, which carry no cash value and are non-refundable in all circumstances. Where you have partially spent a Wallet Top-Up Transaction, only the Unused Funds portion is eligible for refund, subject to the 14-day window in (i) above; the Spent Funds portion remains non-refundable. For further details on SForestâs refund procedures, please refer to SForestâs Refund Policy available at sforest.io/refund-policy.
6. User-Generated Content and User Conduct
This Section 6 governs content created by users natively within SForestâs games and in-game tools, including but not limited to custom maps, character designs, in-game items, gameplay clips, and other creative content generated through the Service (collectively defined as âUGCâ in this Section). The license granted in Section 6.b and all other provisions of this Section 6 apply exclusively to such in-game UGC. Content posted by users to SForestâs website, community forums, message boards, and other platform features is separately governed by Section 10 of these Terms of Service.
a. User-Generated Content Generally.
The Service may allow you to create, upload, post, transmit, share, or otherwise make available content, including but not limited to text, images, audio, video, in-game items, custom maps, modifications, character designs, gameplay clips, and other materials (collectively, "User-Generated Content" or "UGC"). You retain ownership of any UGC you create, subject to the license granted to SForest in Section 6.b below and any restrictions set forth in this Terms of Service.
b. License Grant to SForest.
By creating or submitting any UGC through the Product or Service, you grant SForest and the SForest Parties a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, modify, and otherwise exploit your UGC in connection with the operation, promotion, and improvement of the Product and Service, in any media format and through any media channel now known or hereafter developed, without further notice to or consent from you, unless required by law, and without any obligation of compensation or attribution. This license continues even if you stop using the Product or Service, to the extent necessary for SForest to fulfill its operational and archival obligations. To the extent any UGC contains personal information, SForestâs processing of such information will be conducted in accordance with the Privacy Notice and applicable data protection laws.
Furthermore, if any UGC includes personal information and SForest discloses, licenses, makes available, transfers, or otherwise provides such UGC or personal information contained therein to any third party in exchange for monetary or other valuable consideration, such disclosure may constitute a âsaleâ or âsharingâ of personal information under applicable law, including the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the âCCPAâ).
SForest will not sell or share your UGC or personal information contained in your UGC unless:
(a) SForest has provided all notices required by applicable law, including notice at or before the point of collection that your UGC or personal information may be sold or shared;
(b) SForest provides a clear and conspicuous âDo Not Sell or Share My Personal Informationâ mechanism through which you may opt out of such sale or sharing at any time;
(c) SForest honors any valid opt-out preference signal, including Global Privacy Control signals, where required by law;
(d) SForest ceases any sale or sharing of your UGC and personal information after receipt of your opt-out request, except to the extent otherwise permitted by applicable law; and
(e) Where applicable, if SForest has actual knowledge that the user is under 18 years of age, SForest obtains the affirmative authorization required by applicable law before selling or sharing such userâs personal information, including parental consent where required for users under 13 years of age.
If you exercise your right to opt out of the sale or sharing of your personal information, SForest may continue to retain and use your UGC internally as necessary to provide the Product or Service, comply with legal obligations, enforce its agreements, protect against fraud or misuse, maintain appropriate records, or otherwise as permitted by applicable law, but SForest will not continue to sell or share your personal information after the opt-out request is processed.
This license survives termination of your account or discontinuation of your use of the Product or Service only to the extent reasonably necessary for SForest to maintain the Product or Service, comply with legal or regulatory obligations, preserve business records, resolve disputes, enforce agreements, or exercise rights granted prior to your opt-out request.
c. Your Representations Regarding UGC.
By submitting any UGC, you represent and warrant that:
(a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit the UGC and to grant SForest the license set forth in Section 6.b;
(b) your UGC does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or any other applicable rights;
(c) your UGC does not and will not violate any applicable law, regulation, or this Terms of Service; and
(d) your UGC does not contain any viruses, malware, or other harmful code or content.
d. Prohibited UGC.
You agree that you will not create, upload, post, transmit, or otherwise make available any UGC that:
(a) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
(b) constitutes, depicts, promotes, or facilitates child sexual abuse material or the exploitation of minors in any form;
(c) constitutes, depicts, promotes, or facilitates hate speech, discrimination, or violence against any individual or group based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected characteristic;
(d) infringes or misappropriates any third-party intellectual property rights, including unauthorized use of copyrighted material, trademarks, or trade secrets;
(e) contains unauthorized advertising, promotional material, spam, or solicitations;
(f) impersonates any person or entity, or falsely represents your affiliation with any person or entity;
(g) contains or constitutes unauthorized third-party programs, cheats, exploits, or modifications prohibited under Section 1 of this Terms of Service; or
(h) violates any applicable local, state, national, or international law or regulation.
e. Moderation and Removal.
SForest reserves the right, but assumes no obligation, to monitor, review, edit, refuse to post, or remove any UGC at any time and for any reason, including if SForest determines in its sole discretion that such UGC violates this Terms of Service or is otherwise objectionable. SForest's exercise or non-exercise of this right does not constitute an assumption of responsibility or liability for any UGC, and SForest expressly disclaims any such responsibility or liability. You acknowledge that you may be exposed to UGC created by other users that you find offensive, inaccurate, or otherwise objectionable, and you agree that SForest shall have no liability to you in connection with such UGC.
f. Disclaimer Regarding UGC.
THE SFOREST PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, SAFETY, OR APPROPRIATENESS OF ANY UGC ACCESSIBLE THROUGH THE SERVICE, WHETHER ARISING UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. THE SFOREST PARTIES EXPRESSLY DISCLAIM ALL LIABILITY IN CONNECTION WITH UGC TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY RELIANCE YOU PLACE ON UGC IS STRICTLY AT YOUR OWN RISK.
g. Consequences of Violation.
Any violation of this Section 6. constitutes a material breach of this Terms of Service and may result in, at SForest's sole discretion: (a) removal of the offending UGC; (b) issuance of a warning to your Account; (c) temporary suspension of your Account and access to the Product or Service; or (d) permanent termination of your License and Account, with or without notice. SForest reserves all rights and remedies available at law or in equity in connection with any such violation, and termination under this Section does not limit any other remedies available to SForest.
7. Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SForest, 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 Service permit you to use the Service 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 Service, except as follows:
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication or distribution.
(d) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
(e) If we provide Social Media Feature with certain content, you may take such actions as are enabled by such features.
You must not:
(i) Modify copies of any materials from this site.
(ii) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
(iii) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
(iv) Reverse engineer or attempt to extract or otherwise use source code or other data from the Service, unless expressly authorized by SForest.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by SForest. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Subject to your compliance with these Terms of Service, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Account and the Services (âLicenseâ) for your own personal, non-commercial use. Any use of the Account and Services other than as specifically authorized by these Terms of Service, without our prior written permission, is strictly prohibited, and violates our intellectual property rights.
8. Trademarks
SForest name, SForest logo and all related names, logos, product and service names, designs and slogans are trademarks of SForest or its affiliates or licensors. You must not use such marks without the prior written permission of SForest. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
9. Prohibited Uses
a. Prohibit Conducts
You are responsible for your conduct while accessing and using the Account. You must use the Account solely for legal and appropriate purposes, in accordance with these Terms of Service and relevant territory laws and regulations . You agree not to use the Account and the Service:
(a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or in violation of these Terms of Service.
(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
(d) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
(e) To impersonate or attempt to impersonate SForest, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm SForest or users of the Service, or expose them to liability.
Additionally, you agree not to:
(i) Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
(ii) Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
(iii) Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
(iv) Use any device, software or routine that interferes with the proper working of the Service.
(v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
(vii) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
(viii) Harass, threaten, stalk, impersonate, or intimidate other users.
(ix) Engage in any conduct that restricts or inhibits any other user's enjoyment of the Service.
(x) Engage in any form of cheating, hacking, or unauthorized modification of the Service.
(xi) Collect or harvest any personally identifiable information from other users without their express consent.
(xii) Otherwise attempt to interfere with the proper working of the Service.
b. Consequences of Violation.
Any violation of this Section 9. constitutes a material breach of these Terms of Service and may result in, at SForest's sole discretion: (a) removal of the offending UGC or User Contributions; (b) issuance of a warning to your Account; (c) temporary suspension of your Account and access to the Service; or (d) permanent termination of your License and Supplier Account, with or without notice. SForest reserves all rights and remedies available at law or in equity in connection with any such violation, and termination under this Section does not limit any other remedies available to SForest.
10. User Contributions
This Section 10 governs content posted by users to SForestâs website platform and community features, including message boards, chat rooms, personal profile pages, forums, and bulletin boards (collectively defined as âUser Contributionsâ in this Section). The license granted in this Section 10 and all other provisions of this Section 10 apply exclusively to such website and community platform content.
The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service. For the avoidance of doubt, "User Contributions" as defined in this Section 10 refers exclusively to content posted through the website and community platform features described above, and is distinct from "User-Generated Content" or "UGC" as defined in Section 6, which governs content created within SForestâs games and in-game tools.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
(b) All of your User Contributions do and will comply with these Terms of Service and will not violate any rights of or cause injury to any person or entity.
You must not upload, share, or otherwise make available personal data relating to another individual unless you have the lawful right to do so. You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not SForest, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
You agree to grant to SForest and its Affiliates, the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, non-exclusive, fully sublicensable (through multiple tiers), transferrable, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, adapt, publish, translate, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Contributions, to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or later developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote same without compensation to you. You acknowledge that the scope of the license granted in this Section 10 is intentionally broader than the license granted in Section 6.b with respect to in-game UGC, and specifically includes the right to use your User Contributions for advertising, marketing, and promotional purposes, reflecting the public-facing nature of website and community platform content. You acknowledge that the scope of the license granted in this Section 10 is intentionally broader than the license granted in Section 6.b with respect to in-game UGC, and specifically includes the right to use your User Contributions for advertising, marketing, and promotional purposes, reflecting the public-facing nature of website and community platform content.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.
11. Monitoring and Enforcement; Termination
Although we have no obligation to accept, display, review, screen, edit, maintain or monitor User Contributions, we have the right to:
(a) Monitor any communications within the Services, including, without limitation, to ensure that appropriate standards of online conduct are being observed
(b) Block, edit, delete, remove or refuse to post any User Contributions at any time, for any or no reason, in our sole discretion, with or without notice.
(c) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for SForest.
(d) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(e) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
(f) Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
We may analyze communications, gameplay activity, and platform interactions using automated and manual methods to detect fraud, harassment, cheating, security threats, or violations of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, governmental requests, or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS SFOREST AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
12. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. You are solely responsible for your conduct while using the Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Notice.
(e) Be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
13. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of SForest to terminate the user accounts of repeat infringers.
14. Reliance on Information Posted
The information presented on or through the Service 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 Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SForest, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SForest. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. Changes to the Service
We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
We may change, modify, suspend, or discontinue any aspect of the Service at any time. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. Except as otherwise set forth herein, we does not guarantee that any particular Service, or any particular features or components thereof, will be available at all times, at any given time, or in all countries and/or geographic locations, or that we will continue to offer the Service, or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although we will endeavor to use reasonable commercial efforts to provide you with prior notice, unless the discontinuance arises from a matter beyond our control or makes the provision of such advance notice not possible or feasible.
16. Information About You and Your Visits to the Service
All information we collect on this Service is subject to our Privacy Notice . By using the Service, you acknowledge that you have read and understand actions taken by us with respect to your information in compliance with the Privacy Notice.
Furthermore, you acknowledge that SForest may process information associated with your Account and activity as necessary to operate, maintain, secure, and improve the Service in accordance with the Privacy Notice.
17. Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods, services, or information formed through the Service, or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Service. The Terms of Sale will be published at sforest.io/legal/terms-of-sale prior to the activation of the SForest Marketplace. Until the Terms of Sale are published, purchases through the Service are governed exclusively by the applicable provisions of these Terms of Service, including Section 5.
Additional terms and conditions may also apply to specific portions, services or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
18. Linking to the Service 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 without our express written consent.
This Service may provide certain social media features that enable you to:
(a) Link from your own or certain third-party Services to certain content on this Service.
(b) Send e-mails or other communications with certain content, or links to certain content, on this Service.
(c) Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party Services.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(d) Establish a link from any Service that is not owned by you.
(e) Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
(f) Link to any part of the Service other than the homepage.
(g) Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Service.
The Service from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
19. Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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. If you decide to access any of the third party Services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
20. Geographic Restrictions
SForest is headquartered in the United States. The Service is intended for a global audience; however, certain features, content, or functionality of the Service may not be available in all countries or regions. SForest makes no representation that the Service, or any content or functionality thereof, is appropriate or available for use in any particular jurisdiction. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are solely responsible for compliance with all applicable local, national, and international laws and regulations in your jurisdiction. Nothing in these Terms of Service limits any rights you may have under the mandatory consumer protection laws of the jurisdiction in which you reside, including without limitation the rights described in Sections 21 and 22 of these Terms of Service.
21. Disclaimer of Warranties
a. "As Is" Basis.
THE SERVICE, AND ALL CONTENT AND ITEMS OBTAINED THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SFOREST, ITS AFFILIATES, AND ITS AND THEIR LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE "SFOREST PARTIES," AS FURTHER DEFINED IN SECTION 22) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AN SFOREST PARTY KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
(b) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR CUSTOM OR USAGE IN THE TRADE; AND
(c) ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
b. No Guarantee of Continuous or Error-Free Operation.
WITHOUT LIMITING THE GENERALITY OF SECTION 21.a, THE SFOREST PARTIES MAKE NO WARRANTY THAT: (A) THE SERVICE WILL OPERATE PROPERLY, BE UNINTERRUPTED, OR BE ERROR-FREE; (B) THE SERVICE WILL BE FREE OF BUGS, MALWARE, OR VIRUSES; OR (C) ANY DEFECTS CAN OR WILL BE CORRECTED WITHIN ANY PARTICULAR TIMEFRAME. SFOREST RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE, OR ANY FEATURE THEREOF, AT ANY TIME AND WITHOUT NOTICE, WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY.
c. Security Risks.
YOU ACKNOWLEDGE THAT THE INTERNET AND ONLINE GAMING ENVIRONMENTS INVOLVE INHERENT SECURITY RISKS THAT CANNOT BE FULLY MITIGATED. THE SFOREST PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM DDOS ATTACKS, VIRUSES, RANSOMWARE, SPYWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, WHETHER OR NOT AN SFOREST PARTY KNOWS OR HAS REASON TO KNOW OF SUCH RISKS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING APPROPRIATE SECURITY MEASURES AND EXTERNAL BACKUPS OF ANY DATA YOU WISH TO PRESERVE.
d. Mandatory Exceptions.
NOTHING IN THIS SECTION 21 EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING:
California Residents. To the extent the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.), the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), or any other applicable California consumer protection statute prohibits the disclaimer of certain implied warranties, such warranties are not disclaimed to that extent. To the fullest extent permitted by applicable law, the duration of any such implied warranty is limited to ninety (90) days from the date of your initial download or activation of the applicable Service.
e. Savings Clause.
This Section 21 applies to the maximum extent permitted by applicable law. If any provision of this Section is held invalid or unenforceable in any jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, without affecting the validity of the remaining provisions.
22. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SFOREST AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE "SFOREST PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH: (a) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SFOREST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SFOREST PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICE OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID TO SFOREST FOR THE APPLICABLE SERVICE DURING THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM FIRST AROSE; OR (B) ONE THOUSAND U.S. DOLLARS (USD $1,000.00).
Nothing in this Section 22 shall exclude or limit the liability of any SForest Party for: (i) death or personal injury caused by the gross negligence or willful misconduct of an SForest Party; (ii) fraud or fraudulent misrepresentation by an SForest Party; (iii) any liability that cannot be excluded or limited under applicable law, including without limitation the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) and the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.); or (iv) any other matter for which applicable law prohibits limitation or exclusion of liability.
For the avoidance of doubt, nothing in this Section 22 limits SForest's right to seek injunctive or other equitable relief in connection with any unauthorized use of the Service or infringement of SForest's intellectual property rights.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 22 REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SFOREST, AND THAT SUCH LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SFOREST. SFOREST WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION 22 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SFOREST AND YOU.
NOTWITHSTANDING THE FOREGOING, SOME COUNTRIES, STATES, PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS TERMS OF SERVICE WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES.
23. Indemnification
You agree to defend, indemnify and hold harmless SForest, 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, costs, and expert witnessesâ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including reasonable attorneysâ fees, costs and expert witnessesâ fees) that are the stated subject matter of the indemnification obligation above.
24. Governing Law and Jurisdiction
To the fullest extent permitted by applicable law, these Terms of Service and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms of Service or your relationship with SForest as a user of the Service ("Dispute") are governed by and shall be construed in accordance with the laws of the state of California, except to the extent preempted by or inconsistent with federal law. Further, to the fullest extent permitted by applicable law, you and SForest agree to the exclusive jurisdiction of the federal or state courts located in San Francisco, California, to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.
25. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
Most issues can be resolved quickly and amicably by contacting SForest customer support at https://sforest.io/customer-service. However, we understand that some disputes canât be easily resolved by customer support. This Section explains how You and SForest agree to resolve those disputes, including (where applicable) through binding, individual arbitration.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and SForest is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and SForest.
a. Dispute resolution and arbitration
Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you and SForest agree that any Dispute between you and SForest (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms of Service) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and SForest have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), except that (as discussed below) the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms of Service.
b. Exceptions to arbitration
You and SForest both agree that any Dispute relating to any actual or alleged infringement of your or SForest's intellectual property rights shall be brought in the federal courts of San Francisco, California, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or SForest's rights, at any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the jurisdiction and venue described in the "Governing law, jurisdiction, and jury trial waiver" section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa). Nor does this Arbitration Agreement preclude you or us from entering into or participating in a class-wide, collective, or representative settlement of claims.
c. No class or representative proceedings and class action waiver
YOU AND SFOREST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. Unless both you and SForest agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.
d. Pre-arbitration notice of dispute and informal resolution period
A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to SForest must be sent by email to [email protected], and Notices to you must be sent to the email address associated with your Account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's Account, and SForest username; (3) provide the claimant's address of residence (and if different, mailing address); (4) describe with specificity the nature and basis of the Dispute; and (5) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it.
After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) ("Informal Resolution Period"). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties' schedules. During the Informal Settlement Conference, you and a SForest representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and SForest agree in writing.
The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non-compliance with the requirements of this section and seek appropriate relief in arbitration, if neither party wishes to bring the issue to a court.
Any applicable statute of limitations or contractual limitations period will be tolled for any claims and requests for relief set forth in a Notice from the date that either you or SForest sends the other a fully complete Notice until: (1) thirty (30) days after completion of the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty (30) days after completion of the Informal Settlement Conference if an Informal Settlement Conference is held ("Tolling Period").
Neither you nor SForest may commence an arbitration proceeding until after the Tolling Period has ended.
e. Arbitration rules and fees
The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless SForest and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of SForest's last written settlement offer made before an arbitrator was selected (or if SForest did not make a settlement offer before an arbitrator was selected), then SForest will pay you the amount of the award or US$2,500, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
f. Mass arbitration
If you elect to have your claim addressed as part of a mass arbitration (defined below), you agree to the additional procedures set forth below.
If twenty-five (25) or more claimants submit Notices or attempt to file Demands raising similar claims, are represented by the same or coordinated counsel (regardless of whether the Notices or Demands are submitted simultaneously), and the parties cannot resolve the cases during the Informal Resolution Period, the AAA Mass Arbitration Rules (âAAA Mass Arbitration Rulesâ) shall apply. all of the cases must be resolved in arbitration through staged sets of proceedings. You agree to this process even though it may delay the arbitration of your case. In such proceedings, the parties agree that, notwithstanding any other provisions of these Terms of Service , the Process Arbitrator (as described in the AAA Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the AAA Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding.
g. Enforceability
If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is invalidated in whole, the parties agree that they may seek to resolve the Dispute in a U.S. small claims court or in the federal or state courts of San Francisco, California, consistent with the "Governing law, jurisdiction, and jury trial waiver" section above. To the fullest extent permitted by applicable law, each party may bring a Dispute against the other party only in an individual capacity and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. Notwithstanding the foregoing, either party may participate in a class-wide settlement.
26. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
27. Miscellaneous
a. Waiver and Severability
No waiver by SForest of any term or condition set forth in these Terms of Service 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 SForest to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service 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 Service will continue in full force and effect. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, You and SForest agree that it will not be severable; this entire Section 25, except for Section 25.c, will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Term of Services. Under no circumstances shall arbitration be conducted on a class basis without SForestâs express consent.
b. Entire Agreement
The Terms of Service, Privacy Notice, Terms of Sale, and Platform End User License Agreement constitute the sole and entire agreement between you and SForest with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
c. Unsolicited Submissions
SForest does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, games, game ideas, game names, or other potential creative content. If you do send SForest, our staff, studio(s), or representative(s) an unsolicited submission, you understand and agree that your unsolicited submission does not create any fiduciary relationship between you and SForest, and that you grant SForest and its Affiliates a perpetual, irrevocable, non-exclusive, worldwide, fully sublicensable (through multiple tiers), transferrable, royalty-free, fully paid-up right and license to use and exploit such unsolicited submission in any manner, means, language and/or media, whether now known or hereafter devised without restriction, including in connection with any Service, or other products or services of SForest. SForest is under no obligation to refrain from using the unsolicited submission (in whole or in part), to keep it confidential, or to compensate you if SForest or any of its Affiliates make any use of it.
d. Disputes with Other Users
SForest reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with any other user(s), you release SForest and hereby agree to indemnify, defend and hold SForest harmless from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
e. Feedback.
SForest is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
f. Electronic Communication.
We will send you information relating to your Account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
g. Comments and Concerns
This Service is operated by Slumbering Forest LLC, 1420 5th Ave Ste 2200, Seattle, Washington 98101.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: [email protected].
Questions regarding privacy or personal data processing should be directed to:
28. Compliance, Fraud Prevention, and Financial Crime Controls
28.1 Compliance with Applicable Laws
SForest operates in compliance with applicable laws and regulations relating to anti-money laundering, counter-terrorist financing, fraud prevention, sanctions, and financial crime (collectively, âCompliance Lawsâ). By using the Service, you agree to comply with all applicable Compliance Laws and not to use the Service for any unlawful or fraudulent purpose.
28.2 Identity Verification (KYC)
SForest reserves the right, at any time and in its sole discretion, to require users to verify their identity. This may include the collection of personal information, government-issued identification, biometric verification, or other documentation as deemed necessary.
Failure to provide requested information or successfully complete verification may result in:
(i) suspension or restriction of your Account;
(ii) inability to access certain features (including SForest Wallet or Marketplace);
(iii) delay, blocking, or cancellation of transactions; or
(iv) termination of your Account.
28.3 Transaction Monitoring and Risk Assessment
SForest may monitor, review, and analyze user activity, transactions, and account behavior for the purposes of fraud prevention, anti-money laundering compliance, sanctions screening, and risk management. This may include the use of automated systems, machine learning tools, device fingerprinting, behavioral analytics, and third-party data sources.
28.4 Right to Restrict, Delay, or Refuse Transactions
SForest reserves the right, at any time and without prior notice, to:
(i) delay, block, decline, or cancel any transaction;
(v) restrict access to the SForest Wallet or Marketplace;
(vi) impose limits on transaction size, frequency, or velocity; or
(vii) require additional verification prior to processing transactions,
where SForest reasonably suspects fraud, unauthorized activity, money laundering, sanctions violations, abuse of the platform, or any breach of these Terms.
28.5 Freezing and Withholding of Funds
SForest may suspend, freeze, or withhold access to funds, including SForest Wallet balances or transaction proceeds, where required to:
(i) investigate suspicious or potentially unlawful activity;
(viii) comply with applicable laws, regulations, or legal requests; or
(ix) mitigate financial, legal, or reputational risk.
Funds may remain restricted for the duration of any investigation or as required by applicable law.
28.6 Transaction Reversal and Recovery
To the extent permitted by applicable law, SForest reserves the right to reverse, recover, or cancel transactions in cases of:
(i) fraud or suspected fraud;
(x) unauthorized or erroneous transactions;
(xi) system errors; or
(xii) violation of these Terms of Service.
28.7 Sanctions and Prohibited Use
You represent and warrant that you are not:
(i) located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to economic or trade sanctions;
(xiii) listed on any sanctions or restricted party list maintained by governmental authorities; or
(xiv) acting on behalf of any such person or entity.
You agree not to use the Service in violation of any applicable sanctions laws or regulations.
28.8 Reporting of Suspicious Activity
SForest may report any suspected fraudulent, illegal, or suspicious activity to payment processors, financial institutions, regulators, or law enforcement authorities without prior notice to you, to the extent permitted or required by applicable law.
28.9 Chargebacks and Payment Disputes
You agree to contact SForest to resolve any issue before initiating a chargeback or payment dispute. Improper or abusive use of chargebacks or disputes may result in:
(i) suspension or termination of your Account;
(ii) reversal of associated transactions; and
(iii) recovery of costs, fees, and losses incurred by SForest.
28.10 Account and Platform Abuse
You agree not to engage in abusive or fraudulent behavior, including but not limited to:
(i) creating or controlling multiple accounts for improper purposes;
(xv) exploiting promotions, pricing, or system vulnerabilities;
(xvi) engaging in payment cycling, arbitrage, or unauthorized resale of virtual goods; or
(xvii) manipulating Marketplace transactions.
SForest reserves the right to void any transactions, balances, or benefits obtained through such activities.
28.11 Risk-Based Limits and Controls
SForest may apply risk-based controls, including limits on wallet balances, transaction amounts, frequency, and access to features, based on factors such as:
(i) account verification status;
(xviii) geographic location;
(xix) transaction behavior; and
(xx) overall risk profile.
Such limits may be modified at any time without prior notice for compliance or risk management purposes.
28.12 No Financial Institution Relationship
SForest is not a bank, payment institution, or money services business, and does not provide financial services. The SForest Wallet is a closed-loop system intended solely for use within the SForest Platform.
28.13 Cooperation and Information Sharing
You agree to cooperate with SForest in any investigation and to provide any information reasonably requested for compliance purposes. SForest may share information with its affiliates, service providers, and relevant authorities where necessary for fraud prevention, risk management, or compliance with applicable laws.
28.14 Survival
This Section 28 shall survive termination of your Account or your use of the Service.
29. California Notice
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
By providing the information in the User Sign Up Form and by clicking "ACCEPT" below, you, the user, hereby agree: (1) that you are authorized to enter into this Terms of Service on behalf of yourself or the entity named in the User Sign Up Form; and (2) that this Terms of Service is valid and that you consent to be bound by the terms and conditions herein.
â I have read and agree to the Terms of Service. â I have read and agree to the Platform End User License Agreement. â I have read and understand the privacy notice. â By checking this box and clicking âAccept,â I confirm that I am of legal age in my country of residence. |