Terms and Conditions
Updated: 4/2/22
Agreement between Members (Users) and Wood’s Bane (www.woodsbane.com)
Welcome to Wood’s Bane. The Wood’s Bane website (www.woodsbane.com – the “Site”) is comprised of various web pages operated by Wood’s Bane and its admin team. The Site is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terns. Please read these terms carefully and keep a copy of them for your reference.
Wood’s Bane is an ARPG community Site.
Wood’s Bane is an interactive world and story that encourages members (people who join and participate in the community) to create art and literature to further the lore of the overall group and personal character progression. This is an art-based role-playing game (ARPG). Characters (creations owned by members) may explore, level up, hunt, shop, etc. while interacting with other characters. Members may communicate with each other via forums both in and out of character. The story, Drakovai, and the roles within the Wood’s Bane world are copyright to their creators and group; the individual characters and designs within belong to the members who currently own them.
Privacy
Your use of the Site is subject to Wood’s Bane’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending e-mails to Wood’s Bane constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, and disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Wood’s Bane is not responsible for third party access to your account that results in theft or misappropriation of your account. Wood’s Bane and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Wood’s Bane does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18 years of age, you may use the Site only with permission of a parent or legal guardian.
Links to Third Party Sites/ Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under control of Wood’s Bane and Wood’s Bane is not responsible for the contents of any Linked Site, including without limitation and link contained in a Linked Site, or any changes or updates to a Linked Site. Wood’s Bane is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wood’s Bane of the site or any association with its operators.
Certain services made available via the Site are delivered by third part sites and organizations. Bu using any product, service, or functionality originating from the www.woodsbane.com domain, you hereby acknowledge and consent that Wood’s Bane may share such information data with any third party with whom Wood’s Bane has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/ Intellectual Property
You are granted non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Wood’s Bane that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is property of Wood’s Bane or its supplies and protected by copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part found on the Site. Wood’s Bane content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Wood’s Bane and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you licenses, express or implied, for the intellectual property of Wood’s Bane or our licensors except expressly authorized by these terms.
Use of Communication Services
The Site may contain bulletin board services, chat area, news groups, forums, communities, personal web pages, calendar, and/ or other message communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the tights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy and goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Wood’s Bane has no obligation to monitor the Communication Services. However, Wood’s Bane reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wood’s Bane reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Wood’s Bane reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wood’s Bane’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wood’s Bane does not control or endorse the content, messages, or information found in any Communications Service and, therefore, Wood’s Bane specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wood’s Bane spokespersons, and their views do not necessarily reflect those of Wood’s Bane.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/ or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to the Site or Posted on Any Wood’s Bane Web Page
Wood’s Bane does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input, or submit to any Wood’s Bane Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wood’s Bane, our affiliated companies, and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name and/ or username with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Wood’s Bane is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wood’s Bane’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Third Party Accounts
You will be able to connect your Wood’s Bane account to third party accounts. By connecting your Wood’s Bane account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Wood’s Bane from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wood’s Bane Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Wood’s Bane, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wood’s Bane reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wood’s Bane in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/ representative/ collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS N THE FORM OF A PRVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Wood’s Bane agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WOOD’S BANE AND/ OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/ OR CHANGES IN THE SITE AT ANY TIME.
WOOD’S BANE AND/ OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWATE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WOOD’S BANE AND/ OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDTIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOOD’S BANE AND/ OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNATIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WOOD’S BANE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITAION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/ Access Restriction
Wood’s Bane reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of the courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wood’s Bane as a result of this agreement or use of the Site. Wood’s Bane performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wood’s Bane’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wood’s Bane with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wood’s Bane with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wood’s Bane with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish for the parties that this agreement and all related documents be written in English.
Changes to Terms
Wood’s Bane reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Wood’s Bane encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Wood’s Bane welcomes your questions or comments regarding the Terms:
E-mail Address: admin@woodsbane.com
Telephone Number: 302-505-5723