Terms of Use Agreement

Welcome to the Edgebee.com website.  By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Edgebee” or “us” or “we” or “our” refers to Edgebee Studios Inc., the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.

    1.    Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

    2.    Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, computer code, software and other matters related to the Site and its Services (defined in section 6) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.

    3.    Service Marks.

Edgebee.com, Sorcery Quest, Edgebee and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. You may not use in any way any such marks unless otherwise explicitly allowed.

    4.    Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site and its games strictly in accordance with this Agreement and (b) to use the Site solely for internal, personal, non-commercial purposes. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

By using our Site and playing its games, you agree that a) you will not harass or threaten other players, b) not use harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language, c) not to impersonate any or our staff members, d) you will stop or change behaviour if we ask you to do so, e) not to alter the running game code in your browser, f) not to cheat, hack or make any attack on our servers in any way, g) not to open multiple accounts on the Site, h) not to transmit through the Site any material that may contain viruses, worms, traps or malicious computer code, i) not to interfere in any way with the normal flow of the games and other users full enjoyment of the games, j) not to collect or store personal data about other users, and k) to only use your personal credit card when making purchases on our Site.

Any contravention to these terms and any terms of this Agreement may result in a revocation of your limited license to use the content of our Site and its games. As a result, we may terminate your account and bloc your access to our Site and our games, without prejudice to any other recourse we may have against you.

You hereby acknowledge that by using the Site and its Services (defined in section 6) that you do not acquire any property rights whatsoever in the Site or its Services or any status within the Site or its Services. To play our games requires the creation and retention of electronic files, including without limitation player characters, accounts, total Site Tokens (defined in section 6) purchased and spent, statistics, user profiles, weapons, armor, items, premium services, etc. ("Game Data"), which are stored by us. While keeping Game Data safe is a priority of Edgebee, note that Edgebee shall not have any liability for the loss of any Game Data for any reason whatsoever. Edgebee reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation Game Data and any other information accumulated, stored or uploaded on into our Site and its Services.

    5.    Restrictions and Prohibitions on Use.

Your license for access and use of the Site, its games, its services, and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or its Content and Materials to develop, or as a component of, any other web site, online game, information, storage and retrieval system, database, information base, or similar resource or service (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any time-sharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada, the United States or the European Union.

    6.    Services.

We make available through the Site or through other Web sites games, chatting services, internal emailing services and various other related services (collectively, “Services”). Included in "Services" are premium services provided in exchange of Edgebee.com tokens purchased on the Edgebee.com store ("Site Tokens"). Such premium services include premium in game items, premium in game content and various other services for which Site Tokens are necessary to gain access. All Services are provided on a non-exclusive license basis only for your personal use, without any right to re-license, sub-license, distribute, assign or transfer such license. 

Services are provided free of charge or in exchange of Site Tokens without any representations or warranties, express or implied, whatsoever. The Services are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Services disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.

    7.    Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal, offensive or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

    8. Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

    9. Registration, accounts and users under the age of 14

You may register to use our Site and its Services. If you decide to register, you agree to provide us with accurate, complete registration information. Your registration must be done using accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. You are responsible for preventing other people using your user name and password. You will be responsible for the protection and confidentiality of the password you choose to protect access to your user account. You will be held responsible for all uses of your user name and password, whether or not authorized by you. The security of your account is your responsibility and we will not be responsible if you account is used without your consent through hacking or other means. Please notify us immediately if your account had been used without your consent.

Parents of children under the age of 14 who wish to allow their children to register on the Site must create an account on behalf of their child. When you create an account for your child, you certify that you are at least 18 years old and that you are the legal Guardian of the child using the account. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the content of the Site is appropriate for your child. By creating an account, you also give permission to the child to access many areas of the Site including discussion forums, chat and emails. By creating an account, you do not give your child permission to purchase Site Tokens. To purchase Site Tokens, you must represent that you are at least 18 years old. When you purchase Site Tokens on behalf of a child under the age of 18, you certify that you are at least 18 years old and that you are the legal Guardian of the child.

If you register to use the Site, you hereby consent to receive periodic communications from us, including newsletters and promotions, and communications related to your account.

    10. Errors, Corrections and Changes.

We do not represent or warrant that the Site or its Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site or its games will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site and its games at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including games and in game content. We also reserve the right to modify any Service, and for greater certainty including premium services, including deletion from the web site and modification that may negatively affect you as the user. We will not reimburse any Site Tokens nor pay any damages in relation to any such modification or deletion in any Service, including premium services.

    11. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. This includes content posted by users of the Site and its games through the various Services offered in game, including chatting and emailing services.

    12. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

    13. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

    14. Nontransferable.

Your right to use the Site and its games is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

    15. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE AND ITS SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF ENJOYMENT), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION OR SERVICE, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED TO YOU BY THE SITE OR ITS GAMES INCLUDING POTENTIAL VIRUSES IS DISCLAIMED.

ANY PURCHASES OF SITE TOKENS, AND ANY PURCHASE OF PREMIUM SERVICES WITH SITE TOKENS ON THE SITE AND ITS GAMES, DO NOT ENTITLE YOU TO CONTINUED USE OF THE SITE, ITS SERVICES, ITS GAMES, OR ANY PREMIUM SERVICE, AND WILL NOT BE REIMBURSED IN ANY CIRCUMSTANCES, INCLUDING CASES WHERE A) WE CEASE TO OPERATE THE SITE, ONE OF ITS GAMES, SOME OR ALL SERVICES, OR MODIFY OR TERMINATE SOME OR ALL PREMIUM SERVICES; B) WE ARE PURCHASED OR SELL SUBSTANTIALLY ALL OF OUR ASSETS; OR C) WE FILE A NOTICE OF BANKRUPTCY WITH A QUEBEC COURT.

    16. Limitation of Liability

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any Services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any Services thereof, (iii) your use of the Site and its Services, (iv) the content contained on the Site and its Services, including content posted by other users of the site, or (v) any delay or failure in performance beyond the control of a Covered Party.

    17. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding your use of our Site and its Services, and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us, including all posted content on our Services including email and chatting Services and discussion forums,  (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

    18. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

    19. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

    20.Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link

    21. Payments.

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

    22. Links to other Web Sites.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

    23. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on the Site;

  4. Your address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

          Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by              directing an e-mail to the Copyright Agent at copyright,at,edgebee,dot,com.

    23. Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

    24. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, its Services and the Content and Materials provided therein.

    25. Site Tokens

When you purchase Site Tokens to be used on the Site and its Services, you must pay with Pay-Pal. All authorized purchases of Site Tokens may not be refunded or transferred in any circumstances including in cases of cancellation, modification or termination of any Service within the Site, including any games or premium services, or this Agreement by you or us. We will never provide compensation (in whatever form) to any of the users of our Site and its Services in any circumstances, including termination, cancellation or modification of any Service, including games and premium services, Service interruption, technical malfunction or other user behaviour. 

We reserve the right to charge users any amount of Site Tokens to access any Service within the Site at any time.

    26. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Montreal, Quebec, Canada, and shall be governed by and construed in accordance with the laws of the Province of Quebec (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, documents, products or Services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement, including sections 15 and 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

All disputes with respect to this agreement and all actions instituted by you with respect to the use of this Site, its games or its Services, shall be heard by a court of competent jurisdiction within the district of Montreal, in the Province of Quebec, Canada.

By using the Site and its Services, you consent to this Agreement being in the English language.