Introduction

Moonberry Studios Ltd ('Moonberry Studios') provides on the website http://picture-enigmas.com ('Website') information, products and various services. They are all governed by the General Terms and Conditions of Use stipulated herein ('Terms').

By using the Website, the user - meaning you - acknowledges and agrees to abide by the Terms set forth in this notice, which we may update from time to time, so please check back often. The user will legally be bound to the latest version of these Terms regarding the use of the Website.

Should a minor use the Website, the individual does so under the sole responsibility of their parents or legal representatives.

Moonberry Studios retains the right and may at any time, discontinue or modify this Website or any part thereof, or may discontinue or modify your use of this Website, with or without notice to you at any time.

If you do not agree to any or all of these Terms, you are not allowed to use this Website.


Copyrights and Intellectual Property

The content on the Website, including without limitation, the software, text, images, sounds and music (the "Content") are protected by copyright and intellectual property laws and they belong to their respective authors: Moonberry Studios, its partners and the authors or their assignees who consent to present material on the Website.

Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Moonberry Studios subject to license, or subject to the fair use provisions of international copyright or trademark law.

You agree not reproduce, modify, distribute or republish any Content located on the Website without the prior written permission the respective owners. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.


Account Creation

In order to access some features of the Website, you will have to create an account ('Account') and through that Account or otherwise you may be able to submit texts, files, images and other materials and content ('User Content').

Accounts are only valid if their use complies with the Terms. They must at least follow the rules below:

(i) You represent that all personal information is accurate and truthful.

(ii) You agree not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You are solely responsible for the activity that occurs on your Account, and you must keep your password secure.

(iii) You understand and agree that you have no ownership rights in your Account. Moonberry Studios may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if Moonberry Studios deems that you have violated the Terms, the law, or for any other reason. Moonberry Studios assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user Account.

(iv) You agree not to impersonate any person or organization, or misrepresent an affiliation with another person or organization, including, but not limited to the personnel of Moonberry Studios.


User Content

User Content is not necessarily reviewed by Moonberry Studios prior to posting and Moonberry Studios makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Moonberry Studios.

  • You understand and acknowledge that you shall be solely responsible for your own User Content and the consequences of posting or publishing it.
  • You agree that you will not submit any content that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise objectionable or inappropriate. You also agree not to submit false or harassing reports or complaints to Moonberry Studios about other users.
  • You agree that you will not submit any content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, publicity or any other rights of any person, unless you are the owner of such rights or have permission from their rightful owner to post the content and to grant Moonberry Studios all of the license rights granted herein. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Website. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Website.
  • By displaying, publishing, or otherwise posting any User Content on or through the Website, you hereby grant to Moonberry Studios a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Moonberry Studios may be used by Moonberry Studios anywhere, anytime, and for any reason whatsoever, without any payment or other obligation to you.
  • You agree that unless specifically permitted by Moonberry Studios, you will not to post advertisements or solicitations of business.
  • You understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.

Virtual and non-virtual Goods

Kaetheryan Shards, and any other virtual items offered on the Website or through any Moonberry Studios game (collectively, "Virtual Items") and either earned by you through game play or purchased by you are licensed, not sold, to you on the following terms and conditions.

  • This license may be terminated if Moonberry Studios discontinues providing the services, games or any other feature related to the Virtual Items on the Website, or if your Account is terminated for any reason.
  • Virtual Items have no monetary value, do not constitute currency or property of any type, and cannot be exchanged for cash or for any other goods and services, except for Kaetheryan Chronicles content. All Virtual Item purchases are non-refundable and non-returnable except, in Moonberry Studios's sole and absolute discretion.
  • You may not distribute or otherwise transfer any Virtual Item to any third party, with the exception of properly authorized Gifts and Trades, using the corresponding Website feature. Further, as the Virtual Items are merely licensed game play activities, they are deemed consumed upon purchase event.
  • Except as expressly stated in these Terms, you have no property, proprietary or ownership interest in, or other right or license to, the Website or any Virtual Item, all of which remain the exclusive property of Moonberry Studios or its licensors.
  • Moonberry Studios is expressly relying on your representation that you have reached the age of majority; Moonberry Studios would not enter into these Terms with you but for the representation that you have reached the age of majority in the region in which you reside.
  • Billing and payment methods and services are provided by one or more third party billing service providers (collectively, the "Billing Company") and not by Moonberry Studios. The Billing Company will be identified at the time of purchase. We reserve the right to change the Billing Company at any time.
  • If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If your chargeback is deemed invalid, you agree to pay for all fees and costs resulting from the disputed chargeback, including but not limited to legal fees and expenses, damages, and chargeback fees.
  • All payments are to be made in Euros and prices are subject to change at any time. Applicable sales taxes or shipping and handling charges (which do not apply to virtual goods) will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates for non-virtual goods are provided as an estimate only.

Indemnity

You agree to defend, indemnify and hold harmless Moonberry Studios, its owners, employees and agents, from and against any and all claims or demands, including, but not limited to legal fees resulting from, or alleged to result from: (i) your use of and access to the Website; (ii) your violation of these Terms; (iii) your violation of the rights of any third party; This defense and indemnification obligation will survive these Terms and your use of the Website.


Third Party Websites

This Website may hyperlink to sites not maintained or related to Moonberry Studios. Hyperlinks are provided as a convenience to users, and the inclusion of any link does not imply affiliation, endorsement or adoption by this Website or Moonberry Studios. Moonberry Studios makes no representations or warranties about the nature, content, completeness, or accuracy of those third party sites.


Disclaimer of Warranty

Moonberry Studios makes no representations about the reliability of the features of this Website, the Content, or User Content, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Moonberry Studios endeavors to provide service of the highest quality, but we cannot guarantee that our service will be timely, secure, uninterrupted or error-free.

THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOONBERRY STUDIOS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, RELIABLE, CURRENT, COMPLETE OR ERROR-FREE. Moonberry Studios DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

MOONBERRY STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOONBERRY STUDIOS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOONBERRY STUDIOS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MOONBERRY STUDIOS, ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM THE USE OF, MISUSE OR INABILITY TO USE THIS WEBSITE, EVEN IF MOONBERRY STUDIOS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING KAETHERYAN CHRONICLES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH KAETHERYAN CHRONICLES.