Frostbyte Entertainment

Terms of Service

Terms of Service

Effective as of November 15, 2024

1. Acceptance of Terms

By accessing or using the website frostbyteentertainment.com (the "Website") or any games, applications, products, or services offered by Frostbyte Entertainment (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Services.

These Terms constitute a legally binding agreement between you and Frostbyte Entertainment. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on the Website.

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using our Services, you represent and warrant that you meet these eligibility requirements.

3. Use of Services

Subject to your compliance with these Terms, Frostbyte Entertainment grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use.

You agree not to:

  • (a) use the Services for any unlawful purpose or in violation of any applicable laws;
  • (b) attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services;
  • (c) interfere with or disrupt the operation of the Services or servers or networks connected to the Services;
  • (d) use any robot, spider, scraper, or other automated means to access the Services;
  • (e) reverse engineer, decompile, or disassemble any software contained in the Services; or
  • (f) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.

4. Intellectual Property Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of Frostbyte Entertainment or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Frostbyte Entertainment name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Frostbyte Entertainment. You may not use such marks without our prior written permission.

5. User Content

If our Services allow you to submit, post, or otherwise make available content ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant Frostbyte Entertainment a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services.

You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not violate the rights of any third party.

6. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

7. Third-Party Links and Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Frostbyte Entertainment. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Frostbyte Entertainment shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FROSTBYTE ENTERTAINMENT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FROSTBYTE ENTERTAINMENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FROSTBYTE ENTERTAINMENT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  • (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
  • (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR
  • (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL FROSTBYTE ENTERTAINMENT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO FROSTBYTE ENTERTAINMENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Frostbyte Entertainment, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • (a) your use of and access to the Services;
  • (b) your violation of any term of these Terms;
  • (c) your violation of any third-party right, including any copyright, trademark, or privacy right; or
  • (d) any claim that your User Content caused damage to a third party.

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Virginia, and you consent to the personal jurisdiction of such courts.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Frostbyte Entertainment on the Services, constitute the entire agreement between you and Frostbyte Entertainment concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Frostbyte Entertainment with respect to the Services.

16. Contact Information

If you have any questions about these Terms, please contact us at: