Legend Story Studios is a game design, development, and publishing studio based in Auckland, New Zealand. These general terms and conditions (‘Terms’) apply to all users of Legend Story Studio’s (‘we’, ‘our’ or ‘us’) website (https://fabtcg.com/) (the ‘Website’), mobile applications (‘App’ or ‘Apps’) and any other platforms provided by us from time to time (together the ‘Platforms’), whether a registered user or casual visitor. These Terms also apply to game facilitating software (‘Software’) accessible through the Platforms, and to registered play hosted by us and other approved parties (‘Registered Play’). By viewing and using the Platforms, using the Software, and/or organising or participating in Registered Play you are deemed to agree to these Terms without qualification. If you do not agree to be bound by these Terms, you must stop accessing and using the Platforms and Software, and may not organise or participate in Registered Play.
The Platforms are operated by us from New Zealand. The information on the Platforms may not be appropriate or available for use in all other jurisdictions.
Registration and accounts:
- When you complete a registration in relation to the Platforms it will be as one of the following registered users:
- a retailer/ tournament organiser (for a ‘Business Account’); or
- an individual player of LSS games (for a ‘Player Account’).
- Where you complete a registration in relation to the Platforms:
- Password security: You will ensure that all usernames and passwords required to access the Platforms are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security.
- Account transfer: You may not transfer your account to another user or maintain more than one Business Account and one Player Account with us without our consent.
- Registration data: You confirm that the data you provided to us on registering as a registered user was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so.
- Reliance upon password: You release us from any claim in respect of or arising from any reasonable reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us.
- Suspension and termination: We may, at our sole discretion, suspend or terminate your account and limit your access to the Platforms and Registered Play.
- Registered users with a Business Account or a Player Account are granted a non-exclusive, non-transferable, non-sublicensable and revocable right to make use of the Software solely in order to play or facilitate (as applicable) the relevant Legend Story Studio’s game or Registered Play. Such Software may only be used in accordance with these Terms.
- When accessing or using the Software you must comply with all applicable laws and must access or use it solely for your own lawful purposes and you must not resupply the Software or otherwise make it available to any person except as we expressly authorise.
- All intellectual property rights and all other proprietary rights that may subsist in the Software and any underlying systems or processes, and all confidential information relevant to the Software or the system or business processes used to provide the Software (including all improvements made by any person thereto) (together, the ‘IP Rights’) belong solely to us or our licensors (as the case may be). All property rights that may subsist in modifications, enhancements, translations, or derivative works of the Software (and any underlying systems or processes) made by any person shall vest in us when such modifications, enhancements or derivative works come into existence.
- You acknowledge our ownership of the IP Rights and agree not to challenge our claim to ownership of the IP Rights or to permit any act that is inconsistent with our ownership of the IP Rights at any time, including if you cease to be a registered user.
- While we endeavour to provide uninterrupted access to the Software, the Platforms and the Software are not fault-free and rely on factors outside of our control. The Software is provided to users at such times and means as we decide. Additionally we may from time to time suspend access generally or disconnect or deny a specific user access, including without limitation:
- during any technical failure, modification or maintenance that relates to the Software or Platforms; and
- where a user undermines the security or integrity of the Software or Platforms, or is, in our opinion, in breach of these Terms.
- We may make modifications and enhancements to the Software from time to time without notice to any user.
- only provide or upload information to the Platforms that is true and correct;
- not take any action that in our opinion imposes an unreasonable load on the infrastructure of the Platforms or the Software;
- not use the Platforms or Software for any purpose that is unlawful or prohibited by these Terms;
- not attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Platforms or Software including any mechanisms used to restrict or control the functionality of the software;
- not remove any copyright, trade mark, or proprietary rights notices included in or on the Platforms or in the Software;
- not copy, modify, adapt, enhance, decompile, disassemble, or reverse engineer the Platforms or Software (or any part of them), or attempt to do the same, except as expressly permitted by the law; and
- not attempt to disrupt or interfere with the operation of the Platforms or the Software.
Registered Play may be held and organised by us or by approved registered users with a Business Account. Registered Play must, unless we otherwise determine, be held in accordance with the Flesh and Blood Rules & Policies (the ‘Rules’) and the Flesh and Blood Event Policies (‘Event Policies’). By conducting or participating in Registered Play you agree to be bound by such Rules and Event Policies.
By participating in Registered Play, you agree to details about you and your participation being displayed publicly.
By registering on the Platforms or otherwise participating in Registered Play, you consent to receiving marketing, promotional and other material by way of electronic messages from us (including by email and text).
Copyright, Trademarks and Limited Reproduction Notices
The design and contents of the Platforms (including the Rules and Event Policies) are the copyright of Legend Story Studios or suppliers to us. No part of the Platforms may be distributed or copied for any commercial purpose and you are not permitted for any purpose to incorporate the contents of the Platforms or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any trademarks or logos that appear on the Platforms or on any content on the Platforms.
The contents of the Platforms may include links to third party materials. We will not be responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators.
Links to our Platforms and Framing
We reserve the right to prohibit links to the Platforms and you agree to remove or cease any link upon our request. You may not frame any part of the Platforms content by including advertising or other revenue generating material.
If you use any communication tools available through the Platforms (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Platforms, including (without limitation) offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Platforms, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Platforms, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Platforms are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: firstname.lastname@example.org.
Exclusion of liability
To the fullest extent permitted by law, we exclude:
- all warranties and representations in relation to the Platforms (including in any content on the Platforms and services provided through the Platforms), Software and Registered Play whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the Platforms and Software; and
- all liability in relation to the Platforms, Software and Registered Play whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
You will take all necessary action to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms.
Where you download, install or use the App on an Apple mobile device, you acknowledge and agree that:
- these Terms are an agreement between you and us and not between you, and Apple, Inc. nor any subsidiary of Apple, Inc. (‘Apple’);
- Apple has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App; and
- these Terms supersede any agreement between you and Apple in relation to your use of the App.
We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.
Where you download, install or use the App on a mobile device running an Android operating system, you acknowledge and agree that:
- these Terms are an agreement between you and us and not between you, and Google, Inc. nor any subsidiary of Google, Inc. (‘Google’);
- Google has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App; and
- these Terms supersede any agreement between you and Google in relation to your use of the App.
We and you agree that Google, and any Google subsidiary, are third party beneficiaries of these Terms and that Google has the right to enforce these Terms against you as a third party beneficiary.
Change to Terms
We reserve the right to change these Terms at any time by notifying users of the existence of the amended Terms through the Platforms. By continuing to access the Platforms, you agree to be bound by the amended Terms.
These Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining Terms will be binding on the parties.
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
If you have any questions or concerns in relation to the Platforms, Software, Registered Play or these Terms please contact us at the details set out below:
Contact: Privacy Officer
Address: 9b Railway Street, Newmarket, Auckland 1023, New Zealand
This terms of service document was last updated on 22 September 2019.