Last Edited 2:30 PM AST 7/25/2022
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE INSTALLING OR USING BLACKMINNOW’S GAMES, SERVICES, THIS WEBSITE (REACHOFTHERIVER.COM) AND OTHER RELATED CONTENT INCLUDING SUBPAGES (COLLECTIVELY, THE “SITE”). THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND BLACKMINNOW AND APPLIES TO THE SERVICES REGARDLESS OF HOW YOU ACCESS OR USE THEM.
By accessing, using, purchasing or installing any of our Services or by otherwise indicating your acceptance of this Agreement, you are agreeing to the terms of this User Agreement, our Rules of Conduct and any other applicable policies (collectively called the or this “Agreement”).
Our Privacy Policy (available at ‘reachoftheriver.com/privacy-policy) is not a legally binding contract, but rather is intended to inform you of what personal information we might collect about you and how we use it in relation to our Services. It is your own responsibility to read and understand the Privacy Policy in connection with your use of our Services.
IF YOU DO NOT OR CANNOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE OUR SITE, GAMES OR RELATED SERVICES OR CONTENT.
We reserve the right, in our sole discretion, to modify the terms and content of this Agreement, with or without notice, at any time. Therefore, we encourage you to revisit and check this Agreement periodically for changes. The latest date at which this Agreement has been modified is available at the top of this page. Your continued use of our Services following the publication of any changes constitutes your on-going acceptance of the then-current Agreement, which will apply immediately upon publishing.
In this Agreement you, the user of the Services, are refered to as "you", "your", "yours" while we, Blackminnow Games Ltd are refered to as "Blackminnow", "we", "us", "our".
This section is provided with the intention to make finding these documents easier for you and does not accurately represent all applicable policies or rules that constitude this Agreement.
i. Rules of Conduct that apply to users of the Reach of the River game or any Services related to Reach of the River can be found at the web page https://reachoftheriver.com/code-of-conduct under the section titled: "ADDITIONAL REACH OF THE RIVER RULES". This text is also available within the Reach of the River official Discord server and game client and is displayed to you before you register an Account within Reach of the River.
Undefined capitalized terms used within the Agreement are defined in this section.
a "Clan" is what the social group system that allows individual character membership specifically within our game Reach of the River is called.
"Custom Cosmetic Content" means any content, assets, media or materials created with the intention to be submitted to us and used cosmetically by a user in any of our Services. (e.g., in our Game Reach of the River, we allow users to create and submit image textures to us to be used as cosmetic markings on their characters in-game. Both the image textures themselves and any associated content created in-game falls under the definition of Custom Cosmetic Content).
"Feedback" refers to suggestions, opinions, reports, requests, concepts and unsolicited ideas or other forms of feedback that you send to us.
The "Game" or "Games" refers to our digital entertainment products (namely “Reach of the River”), including the games' clients and all current or future updates, patches, expansions, downloadable content and any upgrades to the client software as well as any intellectual property contained therein.
"Our Content" means any content, art, media or similar materials that is owned or licensed by Blackminnow.
"Services" refers to our web site, reachoftheriver.com and other related content including subpages (the “Site”) and all services and Games licensed by Blackminnow to users via the Site or elsewhere.
"Third-party" or "Third-parties" refers to any entity other than you and Blackminnow.
"User Content" means any information or content of any kind (including without limitation, audio, videos, art, photographs, literature, ideas, graphics, messages, character names, character appearance, character data, social group names, social group data, etc) that is posted, uploaded, communicated, shared or sent to us by users on or in connection to our Services. Custom Cosmetic Content falls under the definition of User Content.
"Zero-Tolerance" in regards to any term or policy means violating such term or policy will result in us taking the highest severity disciplinary action without notice or warning.
Subject to your compliance with this Agreement, Blackminnow grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-subcontractable, royalty-free license to use our Services solely for your personal, private and non-commercial use.
This Agreement, our Rules of Conduct and any other applicable policies, documents or information this User Agreement references are the entire agreement between you and Blackminnow concerning your use of the Services.
We may, at any time without your consent, transfer, charge, assign or sub-contract our rights and obligations under this License to another organization but this does not affect your rights or obligations under this license. You may not, without the prior written consent of Blackminnow, transfer, charge, assign or sub-contract any or all of your rights or obligations under this Agreement to a Third-party.
You agree that we and/or our Third-party licensors and/or providers own all intellectual property rights, interest, title and ownership rights in and of our Services. We do not sell any right or interest in our Services to you.
This Agreement will be governed by the laws of New Brunswick, Canada. Both you and Blackminnow consent that the courts of New Brunswick will have exclusive jurisdiction in relation to any dispute in connection to this Agreement.
This Agreement is written in the English language. Though this Agreement may be translated into other languages, the English language version controls any dispute between parties.
If any provision of this Agreement is found to be illegal, invalid or unenforceable by any court or other authority, the legality, validity and enforceability of any and all remaining provisions will not be affected. Provisions that should be waived will be limited or eliminated to the minimum extent necessary and replaced with valid provisions so that this Agreement will remain in full force and effect.
If for any reason we fail to insist that you perform any of your obligations or if we fail to perform any of our obligations under this Agreement, this will not imply that we have waived our rights against you and does not waive your obligation to comply with this Agreement.
We may restrict your use of any portion of our Services based on regulations, your age, your residence, legal obligation, or other factors.
Unless otherwise expressly stated by us, our Services are only available to persons that are either: (a) at least 18 (eighteen) years of age and of or over the age of majority in their jurisdiction ("Adult" users) and have the capacity to understand and accept the terms of this Agreement for themselves; or (b) Users aged at or over the minimum age required within their jurisdiciton to use our Services ("Minimum Age") but under the age of 18 or the age of majority in their jurisdiction ("Minor" users) that have had their usage of our Services approved by a legal guardian. The legal guardian agrees to be bound by our Agreement with respect to the use of our Services by the Minor(s) they are providing consent for. If you are a legal guardian providing consent for a Minor user, you are liable for such user’s acts, content and usage of our Services. Please carefully go over this Agreement together with the persons you will be providing consent for, as both parties must agree with all terms of this Agreement. A parent or legal guardian can not provide consent for any child under the age of 13 or under the Minimum Age. Minor users of or over the Minimum Age who have not had their use of our Services approved by a legal guardian may not under any circumstances use our Services.
Blackminnow's Services are intended to be used by Adult users and we do not knowingly collect or solicit information from users under 13 or under the Minimum Age set out below. If the minimum age a user must be to use our Services is greater than 13 years within a jurisdiction, the Minimum Age within that jurisdiciton is listed below:
Age 14 or over: Austria, Republic of Cyprus, Italy, Lithuania, Spain, Sweden
Age 15 or over: France
Age 16 or over: Bulgaria, Croatia, Czech Republic, Estonia, Germany, Greece, Hungary, Ireland, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Switzerland
We make no representation that the content on our Websites or in our Game(s) and/or Services are available or appropriate for use in all jurisdictions. You may not enter into this agreement if you are residing in a jurisdiction where you are not legally allowed to enter into this Agreement.
In order to use any of our Services, either partially or in whole, you may need to register an account (“Account”) which requires you to submit a working email address to us. Our Privacy Policy details how we use information provided by you upon registration as well as other personal information we might collect. You may create multiple accounts within our Services as long as their creation does not violate any part of the Agreement including our Rules of Conduct (section 11) for example, to evade a ban, exploit game mechanics, or harass other users. Each account may only be used and maintained by its initial creator and no one else. Selling, sharing or trading accounts constitutes a breach of the Agreement. You and you alone are responsible for providing accurate and complete registration information and protecting your Account from unauthorized access or use (using secure passwords) and are responsible for any use and other liabilities with respect to any Account where you intentionally or unintentionally allow any Third-party access to your Account. If you suspect unauthorized use of your Account, please change your Account’s password and notify us immediately.
Third-party services or platforms may be integrated with our Services. These Third-party services or platforms may require you to agree to their own terms and conditions or register an additional account in association with said Third-parties. Integrated Third-party services or platforms may collect personal information and data about you, which we provide information about in our Privacy Policy. You should make yourself aware of these Third-party terms and conditions before registering additional accounts. 10. Intellectual property rights
We may require you to pay to use our Services, either partially or in whole ("Required Payment"). If you fail to provide any required payment, we may revoke, either partially or in whole, your use of our Services.
Except to the extent required by law, we have no obligation to refund any monetary payments made to us and refunds are provided at the sole discretion of Blackminnow on a case by case basis. Regardless of if this Agreement has been terminated, we will not refund any amounts paid in relation to Virtual Goods or a Required Payment when:
• You decide to cancel any Required Payment subscriptions.
• You decide to terminate your Account(s).
• Disciplinary action has been taken against your Account(s) due to your own violation of this Agreement, including our Rules of Conduct.
• Another user or any other Third-party has caused you grievances or inconvenience of any kind.
• Blackminnow makes changes to or stops offering any Service.
• More than 168 hours (7 days) have elapsed since the exact time at which you made a Required Payment by the time you request a refund.
If you'd still like to request that we consider a refund after reading the above, email support@reachoftheriver.com and provide as much information as possible regarding why you believe you should receive a refund.
When a refund has been obtained or requested without our consent (for example, by disputing or reversing payment through your payment provider or operator), we may take any reasonable action we deem appropriate under the circumstances.
We have no responsibility or liability in respect to any payments you make to another user or any Third-party. Paying Third-parties may be regarded as a breach of the Agreement if said payments violate our Rules of Conduct detailed under section 11 below or any other term of this Agreement (for example, when you pay to use a prohibited Third-party software or tool).
While we will take all reasonable precautions to prevent the loss, misuse or alteration of your personal information, please be aware that no security system can absolutely guarantee the prevention of a security breach. Third-parties may read or intercept any information you send to us through our Services. Please exercise caution when sharing information publicly.
At any point, you may not be able to use our Services. We may interrupt availability on a regular basis for updates or maintenance, at which time we will provide users with a notice prior to such interruptions, usually on our social platforms.
Our Services may contain links to Third-party websites. We are not responsible for and do not endorse the content, privacy policies and practices of any Third-parties that may be linked to our Services. The presence, inclusion or availability of a link does not imply endorsement by us or by our affiliates.
Some parts of our Services may contain Third-party content or content that was licensed to us but not owned by us (the “Licensed Content”). We do not claim ownership or hold copyright of this content. WE DISCLAIM ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES RELATED TO THE LICENSED CONTENT.
Any Third-party software, tools or programs that interact with our Services may absolutely not under any circumstances: (a) violate the terms of the Agreement and/or violate our Rules of Conduct (b) give you or any user unintended, unnatural or unfair advantages over another; (c) alter or exploit any gameplay mechanics or balance in favor of you or any user over another; (d) automate user actions within the Services; (e) interfere with or have an adverse effect on a reasonable person’s enjoyment of our Services. Prohibited Third-party software will be determined at our sole discretion.
In-game digital items, bonuses, or virtual currencies (“Virtual Goods”) may be made available in our Games. We do not sell any right or interest in the Virtual Goods to you or any user and Virtual Goods may not be exchanged or transferred in ownership. Virtual Goods have no cash value and may only be redeemed for other goods and services within our Games. The availability of and service provided by Virtual Goods may be restricted, discontinued, modified or removed from our Games or from your use at any time at our own reasonable discretion. “Virtual Goods” does not include User Content or Custom Cosmetic Content.
Situations where we might restrict access to or remove any Virtual Good from your use include, but are not limited to, when: (a) a payment for a Virtual Good is refunded, cancelled, reversed or charged back; (b) you have violated or breached any terms of this Agreement; or (c) the Virtual Goods were awarded in error.
Blackminnow does not create, sell or condone the creation of non-fungible tokens or cryptocurrency and the sale, advertisement or promotion of non-fungible tokens and/or cryptocurrency is expressly forbidden from our Services. None will be made available to be acquired through, in or in relation to any of our Services. ☮
By violating the prohibitions described in this section or any applicable community conduct policy (collectively, the “Rules of Conduct''), we may, in our reasonable discretion, provide you with a warning, penalties, or terminate your Account or limit your access or rights to use our Services as described under section 15. You may not, without signed written consent from a legally authorized representative of Blackminnow:
i. In whole or in part, modify, adapt, copy, reproduce, disassemble, reverse engineer, monitor, decompile or create Derivative Works of any part of our Services including Third-party content or Licensed Content, except as allowed by us or as provided by our Services. This includes violating the rights of or altering or removing legal notices or protectable elements of any Third-party or our Services. This includes without limitation, watermarks, trademarks, service marks, trade names, patents or other copyrightable content, regardless of if they belong to us or a Third-party.
ii. Sell, license, lease, loan, rent, reproduce, transmit or publicly display, in whole or in part, any part of our Services except as allowed by us.
iii. Violate any law or regulation in connection with your use of our Services. This includes without limitation, sharing content that contains or appears to contain fraudulent, false, misleading or deceptive information or materials, stalking, doxing, threatening violence, sexual or moral harassment, endangering yourself or others (includes invading an individual's right to privacy) or partaking in any other illegal or illicit conduct.
iv. Attempt to spread or spread content that contains and kind of malware, viruses, Trojans, worms, keystroke loggers, spyware, adware or any other malicious programs or similar computer code designed to affect the operation of any computer hardware, software or network.
v. Harass, intimidate, bully or cause distress to any other user of our Services or generally proliferate hate. This is approached with a Zero-Tolerance attitude. Disagreeing with someone's opinion isn't an excuse to lash out and respond with anger and toxicity. Do not use, create or share discriminatory, obscene or disruptive content including but not limited to, comments, symbols, terms and imagery or organize or express membership or the support of any groups or pledges within our Services that promote and/or otherwise support hatred or discrimination in any way.
vi. Share or discuss content that falls into, depicts or references the following general categories: (a) pornography; (b) photographic nudity; (c) content that is sexual in nature or depicts sexual anatomy; (d) real-world gore or extreme violence; or (e) photographs of recreational drugs or drug use.
vii. Use aggressive or offensive language directed at other users. General bad language and cussing in moderation will be tolerated to an extent but excessive or excessively offensive language may result in disciplinary action if continued.
viii. Intentionally flood, spam or otherwise intentionally disrupt chat flow through any social chat systems.
ix. Purposefully circumvent any word filters present in any of our Services.
x. Impersonate any other individual or entity. Impersonation includes speaking with an official voice, implying and/or acting like you are officially endorsed or affiliated with Blackminnow or have authority within, around or regarding our Services when you do not.
xi. Collect, monitor, interfere with, use, access, redirect, emulate, automate, alter, exploit or display information, transmissions to or from, or data relating to the operation or function of any part of our Services in any manner.
xii. Abuse exploits, glitches or bugs. Engaging in or promoting any activities that grant unfair advantages is not allowed. This includes using Third-party software as detailed under section 9.3.
xiii. Interfere with or disrupt our Services or any other reasonable individual’s use of our Services in any way.
xiv. bypass or attempt to bypass any security or technical measures in relation to our Services in any way. Nor may you attempt to access any part of our Services you do not have authority to. This includes circumventing or attempting to circumvent disciplinary actions taken against you or any other user.
xv. Help or encourage others to violate this Agreement
there will be no confidentiality with respect to any Feedback or User Content you create and submit to us.
By submitting Feedback or User Content to us, you agree that you have all necessary rights to use, distribute or display such content and authorize us to use it.
When you submit Feedback to us of any kind, you grant us the ownership to such Feedback to be used in any way deemed necessary at our sole discretion without compensation to you. You represent that you are giving us the permission to use and create works that are inspired by or copied from any content contained in or provided to us through Feedback. DO NOT SUBMIT FEEDBACK TO US IF YOU DO NOT AGREE.
WHEN YOUR USER CONTENT USES, EITHER PARTIALLY OR IN WHOLE, ANY PART OF OUR CONTENT IN ACCORDANCE WITH THIS AGREEMENT (“Derivative Works”), WE, OR, IF APPROPRIATE, OUR LICENSORS, OWN ANY DERIVATIVE VERSION OF SAID WORKS FROM THE MOMENT OF CREATION TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. You may retain the right to any and all original additions made to Our Content.
Except as allowed by this Agreement, under no circumstance can you profit monetarily from or sell a Derivative Work without first removing any derivative content contained within said work. You retain the right to transfer or share the use of your Derivative Works within the context of our Services through means that do not involve monetization, such as trading your Derivative Works in exchange for Virtual Goods.
Keep in mind that so long as your User Content continues to fall under the definition of Derivative Work, we continue to own said content; when you share or transfer any Derivative Works to another user, you are not transferring any right or interest in any Derivative Work to yourself or any user.
At our sole discretion, we may grant you permission to use and modify specific parts of Our Content from time to time with the sole purpose of allowing you to use such content in the creation of Custom Cosmetic Content. The distribution of this content is a part of our Services and their use is subject to the terms of this Agreement. You may not under any circumstance, distribute, share or use such content outside of the context of our Services nor may you use such content in any manner that does not relate to the creation of Custom Cosmetic Content.
As we own any Derivative Works from the moment of creation, under no circumstance are we obligated to delete or revoke access to Derivative Works from or within our Services, including upon Account termination or deletion of User Content and/or data as detailed under section 15.
When your User Content does not constitute Derivative Works of Our Content or any other content you yourself do not own (“Original Works”), you retain the rights and ownership of this content unless you expressly state otherwise and may use your Original Works outside of the context of our Services as long as it is not in direct violation of Blackminnow or its licensors’ rights. By submitting User Content that constitutes Original Work, you hereby grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use, modify, remove, display or make available your Original Works within the context of our Services.
Excercise caution when intentionally sharing Original Works with other users, such as giving a user express permission to use your Original Work in Custom Cosmetic Content. We are not responsible for any Original Work attached to Accounts you do not own and we have no obligation to remove Original Works not attached to your Accounts from our Services even upon Account termination as detailed under section 15.1.
You retain the right to profit monetarily from or sell Original Works as Custom Cosmetic Content to be used by another user within the context of our Services.
Any User Content, either within or on our Services or on a social platform, must abide by the following unless otherwise approved by Blackminnow in written form:
i. All content must abide by and must not violate any terms of this Agreement or any other rules, terms or conditions, including the rights (e.g., intellectual property rights, publication rights, privacy rights, etc) of Blackminnow and any Third-party.
ii. You may use Our Content and your own User Content for non-commercial, personal and private use in a way that does not violate the rights of us or any Third-party. You may not profit monetarily off of any of Our Content except as expressly allowed by us, subject to this User Agreement.
iii. You retain the right to benefit monetarily from fan-art and crafts inspired by our Services as well as digitally stream any of our published Games for entertainment purposes and in a way that does not violate this Agreement unless otherwise expressly stated by us.
iv. If our Games allow the submission of Custom Cosmetic Content, you may create and share said content to other users solely within the context of such intended Games and in accordance with this Agreement.
v. You may not, under any circumstance, profit monetarily from modifying our Services (“Modding”) nor monetize modifications (“Mods”) made to, for or in relation to our Services.
vi. If you are profiting monetarily off of any of our Games in any way permitted by us (streaming, selling Custom Cosmetic Content, selling fan-art or crafts inspired by our Games, etc) you must: (a) Include appropriate attribution to us and do not claim that you own Our Content and; (b) Do not present your content or imply or state in any way that your content is professionally associated with. We have the right to require the removal of any content that displays or uses Our Content for any reason.
vii. Our content may not be used on sites that promote or link to objectionable material (illegal activities, pornography, obscenity, hate speech, etc), as determined by us.
We do not and cannot guarantee the storage and retention of User Content or data and are not liable for any losses of or damage to such content. We recommend you backup your creations and take note of your available data for yourself somewhere.
We retain the right to remove or modify User Content with or without notice when we, in our sole discretion, deem it appropriate to do so.
YOU HEREBY RELEASE US AND OUR LICENSEES FROM ANY AND ALL CLAIMS OF ANY DEMANDS, CLAIMS, ACTIONS, SUITS, ENCUMBRANCES, LIENS OR RIGHTS YOU MAY OR CAN HAVE IN RELATION WITH YOUR USER CONTENT, INCLUDING, BUT NOT LIMITED TO, LIBEL, CLAIMS FOR DEFAMATION, SLANDER, RIGHT OF PUBLICITY, INVASION OF PRIVACY, EMOTIONAL DISTRESS, ECONOMIC LOSS, AND ANY AND ALL LIABILITY FOR ANY USE OR NONUSE OF YOUR USER CONTENT AND DATA.
YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL CONTENT YOU SHARE WITHIN OUR SERVICES, INCLUDING CONTENT YOU LICENSE TO US. SUCH CONTENT MIGHT BE SUBJECT TO BE VIEWED, COLLECTED, USED, SHARED AND COPIED BY OTHER USERS OR THIRD-PARTIES. PLEASE EXERCISE CAUTION WHEN SHARING INFORMATION PUBLICLY.
We reserve the right, but not the obligation to: (a) monitor or otherwise manage the operation of our Services for violations of this Agreement and in a manner designed to facilitate their proper functioning and protect our rights and property; (b) in our reasonable discretion, take any legal action against anyone who violates the law or violates this Agreement, including, without limitation, reporting such persons to law enforcement authorities; (c) in our reasonable discretion, change any portion of our Services; (d) in our reasonable discretion, take any action on your Account(s).
You agree to attempt to informally resolve any dispute that arises under this Agreement and/or the Services for at least 60 days before initiating any formal proceeding. To begin the informal resolution process, you must notify us in a written format that you would like to resolve a dispute and include the following information: (a) your name and contact information; (b) an explanation of your side of the dispute and why we should resolve the dispute in your favor.
If a dispute is not able to be informally resolved, either party can request resolution through binding arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Moncton, New Brunswick and shall proceed in accordance with the provisions of the Arbitration Act of New brunswick. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, nor is there any right or authority for any dispute to be arbitrated on a class-action bases or to utilize class action procedures, nor for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
This section does not apply to any dispute that arises from criminal activity or any claim for injunctive relief.
You have the right to terminate your Account(s) at any time by contacting support at support@reachoftheriver.com. In addition to your Account(s) being deleted, any data we have collected about you in association with such Account(s), including User Content including Original Works but not including Derivative Works that are directly attached to your Account(s) along with character information, transaction history and any other data directly attached to your Account(s) will be deleted. Original Works not attached to your Account (i.e., Original Works that you intentionally shared with another user) will not be removed. Account termination is permanent and irreversible, we can not restore terminated accounts after termination and we hold no records of terminated accounts or data associated with such accounts. Blackminnow is not obligated to refund any purchases or value associated with your account.
In the sole and reasonable discretion of Blackminnow and authorized personell (e.g., community and Game moderators, community managers), disciplinary actions or sanctions may be imposed upon you and/or your Account(s) with or without notice if we have determined you have violated or breached any term of this Agreement or it is necessary in order to prevent or halt any harm or damage to you, us or any Third-party.
Disciplinary actions may include the following, in order from the least severe to the most severe:
i. We give you a warning in regards to a minor infraction and when applicable and on a per-account and per-service or per-platform basis, increment a total warning count attached to your Account or tracked based on your social-media identifier (Discord tag, SteamID, etc) by 1 (the incrementation of this count is refered to a "Strike"). Strikes expire or become inactive after three months after the date they were given, but are never removed from your Account's history.
ii. We temporarily restrict your use of our Services. Typically, the restriction involves temporarily preventing your use of social features, like chats (a "mute").
iii. We modify or delete your User Content and/or data.
iv. We temporarily prevent you from using or accessing your Account(s) (a "temporary ban").
v. We revoke your use of or access to your Account(s) indefinitely (a "ban" or "permanent ban").
In addition, when a Strike is added to your Account, depending on the total number of active or non-expired Strikes on your Account, our systems may take automatic disciplinary actions against you and/or your Account. Inactive Strikes do not influence this automatic action. Such automatic actions and their corresponding number of active Strikes are as follows:
i. Three (3) Strikes: you are muted or temporarily banned for 24 hours.
ii. Six (6) Strikes: you are temporarily banned for 168 hours (7 days).
iii. Nine (9) Strikes: you are temporarily banned for 720 hours (30 days)
iv. Twelve (12) Strikes: you are permanently banned.
You can request to view your Strike history and active Strikes at any time by emailing us at support@reachoftheriver.com.
You have the right to appeal any disciplinary actions. If you believe an action has been unfairly taken against you and/or your Account, you can email us at support@reachoftheriver.com with "Appeal" somewhere in your subject line.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS AND WITHOUT ANY KIND OF WARRANTY OR GUARANTEES OF ANY KIND. BLACKMINNOW DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND LIABILITIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, YOUR SATISFACTION, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
OUR LIABILITY IS LIMITED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BLACKMINNOW, ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSS OF ANY KIND ARISING OUT OF OUR SERVICES OR ANY USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF OR DAMAGE TO DIGITAL ASSETS OR ACCOUNTS, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER DAMAGES OR LOSSES. WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICES OF ANY KIND. FURTHER, IN NO EVENT WILL BLACKMINNOW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, LIQUIDATED OR EXEMPLARY DAMAGES, OR ANY AND ALL OTHER LIABILITIES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT.
You agree to indemnify, keep indemnified, pay the defense costs of and hold Blackminnow, its licensors and affiliates and all employees and representatives harmless from all demands, claims, actions, losses, liabilities and expenses that arise from or are in relation to: (a) Your breach, failure or negligence to comply with the Agreement; (b) Your use or distribution of our Services, Licensed Content and Third-Party licenses or software; (c) User Content or Feedback. The provisions of section 16 shall remain in force even after any termination of this Agreement.