These General Terms (the “Terms,”) together with any applicable End User License Agreements, govern your use of the Websites, Social Channels, Games, and Services as well as your relationship with Tatsu Works (“Tatsu,” “we,” “our,” “ours,” and “us”).
1. ACCOUNT SUBSCRIPTION
Registration
While some elements of the Websites, Social Channels, Games, and Services may be accessible to the public, certain aspects of the Services (e.g., creating a community profile, accessing online services, posting in forums, or participating in Organized Play) may require that you register an account. To register an account, you may be asked to provide your date of birth and country/region, and then provide an email address. To gain access to other Services (e.g., Organized Play, invitations to special events, forums, promotions, and prize payments), you may be asked to provide your full name, address, city, state, and country. Tatsu will use and protect this information according to the terms of our Privacy Policy. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms for the Services (RegistrationData); and (ii) maintain and promptly update the Registration Data, and any other account-related information you provide to Tatsu.
Passwords; Security
You agree to notify Tatsu immediately if you suspect any unauthorized use of your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you or your child is aware of, understands, and complies with these Terms and all other rules, policies, or notices published by Tatsu.
Eligibility
Use of the Services is void where prohibited. By registering an account and using the Services, you represent and warrant that: (i) all Registration Data that you submit is truthful and accurate; (ii) you are the age of consent in your country/region or older, or have your parent or guardian's consent, and (iii) your use of the Services will not violate any applicable law or regulation, these Terms, or any other rules, policies, or notices published by Tatsu; (iv) you are a "natural person" (corporations, limited liability companies, partnerships and other legal or business entities are not eligible), and (you are a "natural person" (corporations, limited liability companies, partnerships and other legal or business entities are not eligible; and (v) you are not an individual specifically prohibited by Tatsu from registering an account or using the Services. Your account may be deleted and your access to the Services terminated without warning if we believe that you are under the age of consent for your country/region and are using the Services without parental/guardian permission. Please note that the purchase or use of certain Services may have different eligibility requirements, including a higher minimum age requirement, as specified in any additional terms governing such Services. You have no property or ownership rights or interest whatsoever in your account. You may not share, sell, transfer, or allow any other person to access your account or Registration Data or offer to do so.
2. USE OF WEBSITES, SOCIAL CHANNELS, GAMES, AND SERVICES
License
Subject to your compliance with these Terms, Tatsu provides you a limited, personal, non-exclusive, nontransferable, non-assignable, fully revocable license to use the Websites and Services solely for your individual and non-commercial use. Tatsu may terminate or suspend any or all portions or features of the Websites, Social Channels, Games, or Services at any time and for any reason or for no reason with no liability to you. This license does not give you any ownership rights in the Websites, Social Channels, Games, or Services. Any rights you do acquire in the aforementioned will forever be owned by and inure to the benefit of Tatsu, and as applicable, its successors and assigns.
Restrictions
You agree not to engage in any of the following with respect to our Websites, Social Channels, Games, or Services: (i) Data mining: Use any unauthorized means, process, or software that accesses, collects, reads, intercepts, monitors, data scrapes including without limitation, agents, robots, scripts, or spiders; or mines information (including reverse look-up or attempted tracing of Registration Data in any way and for any reason); (ii) Derivative works: Copy, reproduce, translate, reverse engineer, modify, disassemble, decompile, derive source code from, transfer, or create derivative works based on or related to any part of the Websites, Social Channels, Games, or Services (including without limitation any Registration Data), including links or frames to content, images or artwork (except as expressly authorized by Tatsu); (iii) Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Websites, Social Channels, Games, or Services including without limitation: (a) server(s) that emulate the Games; and (b) unauthorized third-party "cloud computing" services, (c) any connection designed to enable unauthorized streaming or transmission of Games from a third-party server to a device, (d) using third-party programs or tools not expressly authorized by Tatsu in any way, for any purpose, including without limitation unauthorized online or network play or as part of content aggregation networks; (iv) Circumvent Security: probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services; (v) Cheating: Creating, offering, using, promoting, distributing, or making available any cheats, bots, hacks, or device, software, code, or program not expressly authorized by Tatsu that grants any user an advantage over other players not using such methods; (vi) Prohibited Commercial Activity: Exploit any portion of the Websites, Social Channels, Games, or Services for any purpose not expressly authorized by Tatsu, including without limitation: (a) attempting to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any component of the Website, Social Channels, Games, or Services, including in-game currency, items, or resources; (b) performing services such as account boosting, power-leveling, or view botting in exchange for payment; (c) communicating or facilitating in any medium commercial advertisement, solicitation or offer; or (d) organizing, promoting, facilitating, or participating in any event involving wagering on any other aspect of Tatsu' Games; (vii) Disruption: use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites, Social Channels, Games, or Services, or with any other person's use of the Websites, Social Channels, Games, or Services, including taking any action that imposes an unreasonable or disproportionately large load on infrastructure; (viii) Forgery/Impersonation: forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites, Social Channels or via the Services, or in any way impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; or (ix) Violate Laws, Regulations, or Rules: use the Websites, Social Channels or Services in an illegal manner or for any unlawful purpose, or in any manner that violates any applicable rules, policies, guidelines, or policies.
Consent to Account Access
To ensure that Tatsu can provide high-quality services that are responsive to your needs, you understand that Tatsu representatives will have access to your account; Websites, Social Channels, Games, and Services usage; Registration Data; and purchasing information. You authorize our representatives to review such information as reasonably necessary to investigate complaints, to provide you with customer services, or for such other purposes as contemplated in our Privacy Policy.
3. LINKS TO OTHER SITES
The Websites, Social Channels, Games, and Services may contain links to third party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and we do not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third party websites. We encourage you to exercise discretion while browsing the Internet and other websites. If you decide to access linked third-party websites, you do so at your own risk.
4. USER CONTENT
Definition
As part of your use of the Websites, Social Channels, Games and Services, you may be able to create, include, refer to, transfer, upload, stream, display, host, promote, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our Websites or Services (collectively, your "UserContent").
License to Tatsu
By posting or submitting any User Content to or through the Websites, Social Channels, Games, or Services, you hereby irrevocably grant to Tatsu a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to: (i) exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction; (ii) your name, likeness, and any other information included in your User Content, without any obligation to you. You waive any and all claims that any use by us or our licensees of your User Content violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary, attribution, or other rights, and rights to any material or ideas contained in your User Content
Representations and Warranties
You represent and warrant that: (i) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Websites, Social Channels, Games, and Services; (ii) the User Content is accurate and not misleading; (iii) the User Content and your use of such User Content does not violate any law, rule or regulation; (iv) the User Content is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (v) your User Content does not contain any macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Websites or Services; and (vi) User Content you supply does not violate these Terms and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you.
Monitoring
You are solely responsible for the User Content that you post, store or upload on or through the Websites, Social Channels, Games, and Services. Tatsu does not pre-screen User Content, nor do we have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded; however Tatsu reserves the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. We may monitor and record your User Content, including your communications in or via the Websites, Social Channels. Games, or Services for a variety of different purposes, including to keep the Game fair, prevent cheating, reduce toxic player behavior, and to improve the Services. Without limiting the foregoing, Tatsu may remove any User Content that in the sole judgment of Tatsu violates these Terms.
5. INTELLECTUAL PROPERTY OWNERSHIP; RIGHTS GRANTED TO YOU
Tatsu Ownership
The Websites, Social Channels, Games, and Services (including all Tatsu's generated content residing thereon) are the sole property of Tatsu, and are protected by copyright, trademark, and other intellectual property laws. We own and reserve all Intellectual Property Rights (defined below) and all other legal and exploitation rights in and to the Websites, Games, Services, and Games and all data and content included therein, including (without limitation) all in-game items and virtual currency, accounts, computer code, titles, themes, characters (including likeness and names), objects, chat logs, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, storylines, sounds, music, and gameplay, and methods of operation (collectively, the "GameContent").
Limited License
You may not use or exploit any part of the Game Content, Websites, Social Channels, Games, or Services. You have no ownership right or interest or other rights in or to any part of the Game Content, Websites, Social Channels, Games, or Services, including without limitation in-game items whether earned in game or purchased from Tatsu. All rights granted to you under these Terms are granted by express license only and not by sale. No license or other rights will be created by these Terms by implication, estoppel, or otherwise. Any attempt to exercise Intellectual Property Rights in the Websites, Social Channels, Services, Games, and Game Content except as specifically authorized by Tatsu is strictly prohibited and will terminate the rights granted herein. All goodwill generated by your use of Tatsu trademarks shall automatically inure to the benefit of Tatsu.
6. NO WARRANTIES
TATSU PROVIDES THE WEBSITES, SOCIAL CHANNELS, GAMES, ORGANIZED PLAY, SERVICES, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRNATIES OR REPRSENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, TATSU EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR RELIABLITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of our Websites, Social Channels, Services, Games or your account or that the same will function properly in combination with any third-party component, technology, hardware, software or system. Nor do we ensure that defects in any portion of the same will be corrected. Tatsu may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at its sole discretion. Tatsu does not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Websites, Social Channels, Games, or Services including, without limitation, information contained in the public postings areas of the Websites or Service and information provided or statements made by a celebrity, "expert," or similar guests and, therefore, Tatsu specifically disclaims any liability resulting therefrom. You acknowledge that the Websites, Social Channels, Games, and Services have not been developed to meet your individual requirements. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
7. LIMITATION ON LIABILITY; INDEMNIFICATION
Limits to Tatsu' Liability to You
IN NO EVENT SHALL TATSU, OUR PARENT, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, OR EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ANTICIPATED OR LOST PROFITS, REVENUE, DATA, CONTENT, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND TATSU’ NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE WEBSITES OR SERVICES (AND ANY COMPONENTS THEREOF), YOUR ACCOUNTS, CANCELLED ORDERS FOR PRODUCTS, UNAVAILIBILTY OF PRODUCT ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE WEBSITES, THESE TERMS, THIRD PARTY WEBSITES OR SERVICES ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE WEBSITES OR SERVICES, THE DOWNLOADING OR USE OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND SUPPLIERS, AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE TOTAL AGGREGATE LIABILITY OF TATSU, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100.00 (USD).
Waiver of Equitable Remedies
YOU AGREE THAT ANY LOSS, DAMAGE, OR HARM YOU SUFFER IS NOT IRREPARABLE AND OTHER REMEDIES WOULD BE ADEQUATE SUCH THAT YOU ARE NOT ENTITLED TO AND HEREBY WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST TATSU, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, YOU AGREE THAT TTATSU AND/OR ITS LICENSORS WOULD BE IRREPARABLY HARMED IF THE TERMS OF THIS AGREEMENT WERE NOT SPECIFICALLY ENFORCED THEREFORE FOREGOING SHALL NOT PRECLUDE TATSU AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TATSU, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, CURRENT AND PAST OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF YOUR ACCOUNTS, THE WEBSITES, THE GAMES, AND THE SERVICES. Tatsu reserves the right, at its own expense and its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Should Tatsu so elect, you will cooperate with Tatsu in asserting any available defenses.
8. UNSOLICITED IDEA SUBMISSION POLICY
We value your feedback, but please don't submit any unsolicited creative ideas, suggestions, comments, or materials to us ("Submissions"). We don't accept or consider these Submissions. If you ignore this and send Submissions to us anyway, we will not treat them as confidential or proprietary, and you grant us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Submissions, including any and all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Submissions to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Submissions granted to us as specified above are valid, effective, and enforceable. You also give up any claim that any use by us or our licensees of your Submissions violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas in your Submissions.
9. FEEDBACK
You acknowledge and agree that any materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Tatsu in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of Tatsu.
10. FORUMS AND COMMUNICATION SERVICES
The Websites, Social Channels, Games, or Services may include or make available chat, blogs, "wiki" features and forums that allow certain text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, to be written or created collaboratively, and group pages, and messaging functions, and other areas or services in which you or other users can create, post or store User Content. You are solely responsible for your use of such Services and you use them at your own risk. As with other Services, your use is subject to these Terms as well as any additional terms and conditions provided with those Services.
11. TERMINATION; SURVIVAL
Your Termination
You may cease using the Websites, Games, Social Channels, Organized Play, and Services, as well as terminate your account, at any time
Tatsu's Termination
Tatsu may, at any time and at its sole discretion, suspend, terminate, deactivate, and delete your account, or suspend, terminate, or discontinue your access to or any part of the Websites, Social Channels, Games, Organized Play, or Services with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any third-party intellectual-property rights; (iii) Tatsu is unable to verify or authenticate any information you provide to Tatsu; (iv) your activity is inappropriate, in violation of the spirit of Tatsu, or in violation of Tatsu' Code of Conduct; (v) Tatsu has stopped offering the Website, Social Channels, Organized Play, Game, or Services, in your region; (vi) doing so would be in the best interest of Tatsu, a third party, or our community. Upon termination of your account or discontinuation of any part of the Websites, Social Channels, Games, Organized Play, or Services, all rights granted to you with respect thereto under these Terms will immediately terminate with no further obligations or liability to you. You will no longer have access to such Websites, Social Channels, Games, Organized Play, or Services (or any relevant part thereof), including any of the associated data or Game Content. You acknowledge and agree that except as prohibited by law, you will not be entitled to any refunds and Tatsu will have no liability to you. We also have the right to terminate or suspend any other accounts you may have created with Tatsu, as well as your access to any other Tatsu services without any refunds (except as prohibited by law) or liability to you.
12. INFRINGEMENTS
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Tatsu or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Tatsu to remove any content or information from its Websites which we believe infringes the intellectual property rights of others upon receipt of and proper notification to Tatsu by the intellectual property owner or the owner's legal agent. If you infringe other people's intellectual property rights, we, at our sole discretion, may also terminate your account and access to the Websites, Social Channels, Games and Services. If you believe that any content appearing on our Websites infringe your intellectual property rights, we want to hear from you. Please forward the following information in writing to the address listed below: (i) your name, address, telephone number, and e-mail address; (ii) a description of the work that you claim has been infringed; (iii) an explanation about the nature of the infringement (e.g., whether it is a trademark, copyright or other type of infringement of your intellectual property); (iv) the exact URL or a description of each place where alleged infringing material is located; (v) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; (vi) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and (vii) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the intellectual property owner or authorized to act on the owner's behalf. E-mail: [email protected] (Only use this email address to report potential copyright and trademark infringement claims. All other email messages will be deleted without response).
13. DEFINITIONS
Game
The interactive entertainment products or derivative software products (including without limitation mobile companion applications) based upon Tatsu's game offerings. Each Game includes all of its constituent parts in its definition, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the Game, and any copies of any of the foregoing.
Services
Any services made available to you through or in connection with the Games, including but not limited to services to acquire, maintain and use Virtual Currency and Virtual Items, user accounts, customer support, forums, websites, other services we provide you including without limitation interactions with us, registering an account, contacting us, or posting in our forums. Services also includes Tatsu’ platform software and services, Tatsu’ account services, and web applications.
Intellectual Property Rights
All copyrights, trademarks, service marks, trade dress, patents, trade secrets, confidential information, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, rights in inventions, know-how, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
Website
Any of Tatsu’ websites related to the Games, Organized Play, or Services.
14. ALPHA/BETA TESTS
Alpha/Beta Test
From time to time, Tatsu may allow access to alpha or beta testing of its Games or Services before their full commercial release. The alpha or beta versions of Games or Services are not final; they are released to test the features, capabilities, and performance of the Games and Services. If you are using an alpha or beta version of the Games or Services, this section applies and supersedes any other section of these Terms that conflict.
Availability
Providing and maintaining an alpha or beta is at Tatsu' sole discretion. You will only be able to access a closed alpha or beta if Tatsu designates you as a closed alpha or beta participant. After registering for a closed alpha or beta, there may be a wait to use the Games or Services for a variety of reasons, including our server load and technical capabilities.
Other Terms
We give you alpha or beta access to the Games or Services to give you the chance to be involved with something new and exciting we are building! We expect you to understand that this means the Games or Services aren't complete and will go through many changes before full commercial release. This means the following with respect to alpha and beta tests: They are time-limited and Tatsu will decide in its sole discretion when to move on to the next phase. They may be accessible from limited platforms (e.g., Mobile only); Tatsu will notify you if any other platforms become available for use during the test period. They may contain more, fewer, or different features than the full commercial release of the Game or Service (if such release occurs). Tatsu may in its discretion change, add, or remove features as part of the process of testing the game. Tatsu may monitor and record any and all communications, including, without limitation, email, in-game chat, forum postings, etc.in or related to the alpha or beta of the Game or Service. They are not complete and are provided to you ‘as is' without any additional warranties or promises. Tatsu will not be liable for incomplete or nonfunctional software, software errors that cause damage to your computer or device or data loss, hardware failures, or disruption of service. You may be given the opportunity to provide Tatsu with voluntary feedback during and after the test in our forums, via bug reports, and other methods. We would appreciate it if you would share your feedback with us so we can make the Games and Services as awesome as possible. Our invitations are personal; you may not transfer or sell your access to a closed test of a Game or Service. Tatsu may not release a final commercial version of the Game or Service or, if released, it may alter its features, capabilities, functions, licensing terms, release dates, general availability or other characteristics at its discretion.
Termination
Tatsu may terminate an alpha or beta test at any time, for any reason or for no reason. If Tatsu terminates an alpha or beta test, you must delete the pre-release version of the Games or Services and all materials you received from Tatsu in connection with the alpha or beta test. Tatsu may require you to remove any elements of the alpha or beta from any hard drives of any devices on which the pre-release version of the Games or Services have been installed. You agree and acknowledge that Tatsu termination of the test shall not be grounds for any refunds of any kind, including but not limited to Alpha/Beta Purchases.
Confidentiality
If Tatsu classifies a beta or some aspects of an alpha or beta confidential, you will receive notice from us. If an alpha or beta is classified confidential, the alpha or beta, your role as a tester, and all information related to the alpha or beta are to be kept secret from everyone (except Tatsu) until Tatsu informs you otherwise.
15. UPDATES AND CHANGES
To this Agreement
Tatsu may (and likely will) update, amend, alter, or modify these Terms in the future. You agree that Tatsu may make changes to these Terms at any time and for any reason at its sole discretion. If we make material changes to these Terms, we will notify you and give you an opportunity to review the new Terms that will supersede and replace these Terms. If any future changes to these Terms are unacceptable to you or cause you to no longer comply with these Terms, you must terminate your account. Your continued use of the Websites, Social Channels, Organized Play, Games or Services after notice of changes to these Terms will mean that you accept any and all of Tatsu' changes. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature, content or availability of the Websites, Social Channels, Platform, Organized Play, Games or Services. If at any time you do not agree to any portion of these Terms, then you must immediately stop using the Websites, Social Channels, Organized Play, Games or Services. For our players' safety and our own, we need everyone to agree to play by the same rules.
To Tatsu' Products and Services
Tatsu' Websites, Social Channels, Organized Play, Games and Services will evolve. Tatsu may update, patch, update, revise, change, suspend, "nerf," or restrict your access to the Websites, Social Channels, Organized Play, Games or Services, including components thereof (e.g., Virtual Items), for any reason and may push mandatory, automatic, or background patching or updates or require you to download and install updates to any software required to support the certain Websites, Social Channels, Games, or Services at any time without notice or liability to you. You acknowledge that your use of the Websites, Social Channels, Organized Play, Games or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature, including but not limited to any rewards, prizes achievements, levels, Virtual Currency, or Virtual Items. You also acknowledge that any character or account data, Game progress, Game customization or other data related to your use of any of Tatsu products or services may cease to be available to you at any time without notice from us, including without limitation after a patch, update, or upgrade is applied by Tatsu. We do not have any maintenance or support obligations with respect to the Websites, Social Channels, Organized Play, Games or Services. You agree that updates may change the requirements necessary to use the Websites, Social Channels, Organized Play, Games or Services and agree that in such an event you are responsible for any necessary actions, including but not limited to software or hardware, to access and use the Websites, Social Channels, Organized Play, Games or Services. You are not entitled to any subsequent updates nor is Tatsu obligated to provide you with updates.
16. GENERAL
Language; Interpretation
It is the express wish of the parties that these Terms and all related documents have been drawn up in English. The original of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in the language of any other country. The headings of sections, paragraphs and subparagraphs of these Terms are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.
Equitable Remedies
You agree that Tatsu would be irreparably damaged if these Terms were not specifically enforced. Therefore, you agree that Tatsu will, in addition to any other remedy it may have under these Terms, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms
Trademark and Copyright Notification
Unless otherwise indicated, all trademarks appearing on the Websites, Social Channels, and Services are the property of Tatsu Works Pte Ltd. All rights reserved. All artwork, images, text, proprietary software and other copyrightable images are the copyrights of Tatsu. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license.
Force Majeure
Tatsu shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause such as acts of god, war, terrorism, robot uprising, embargoes, epidemics, acts of civil or military authorities, pandemic, public health emergency, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.