End User License Agreement

Dungeon Realms

  • 1 General

    • 1.1 Welcome adventurer! We are happy that you are here. By deciding to install and use our game Fireball RPG, you have made an important step that will allow you to experience fantastic adventures in new innovative ways. However, before you can start playing our game Fireball RPG, we need to make sure that you understand what you are going to receive from us and what we expect from you in return. Therefore, before accessing and playing the game and our related services or accessing any related websites, please read this End User License Agreement (the “EULA”) carefully. 

    • 1.2 This EULA applies to the use of Fireball RPG which is a game developed for mobile devices in which you are role-playing with your chosen character and experience or even create the most fascinating adventures and campaigns using your own storytelling and imagination (the “Game”). By downloading, installing, browsing, opening, accessing or using the Game and our services, you confirm that you have read this EULA and that you agree to be bound by this EULA. This EULA outlines your rights and obligations when using our Game and our services related to the Game.

    • 1.3 We reserve the right to amend this EULA at any time. If you disagree with any provision of this EULA, you must immediately discontinue your access to and use of the Game or any our services. Continued use of the Game constitutes acceptance of this EULA, as may be amended from time to time.

    • 1.4 Please note that the Game uses certain content distributed under the Open Gaming License. You can read more about in Article 13 of this EULA.

    • 1.5 If there is anything you are wondering about in connection with the use of Fireball RPG or with this EULA, do not hesitate to contact us – we will see what we can do but you can be sure we will do our best. Please address your questions, suggestions or requests to info@fireballrpg.com.

  • 2 Definitions

    • 2.1 To make this EULA clearer and more readable, we use certain defined terms throughout this EULA. In particular, the following capitalized terms shall have the meanings ascribed to them below, except where the context otherwise requires: Terms such as “Fireball”, “we”, “us” and “our” refer to Fireball Inc., company incorporated and existing under the laws of Delaware, Company No. 7433797, registered seat at 649 Mission St, San Francisco, CA 94105, United States

    • “Account” means an account created by a User on the Game during the Registration.

    • “EULA” means this End User License Agreement which sets forth the rights and obligations of the agreement between you and us. 

    • “Privacy Policy” means our Privacy Policy available at: fireballrpg.com/privacy.

    • “Register” means to create an Account in the Game or with a platform or service provider, and “Registration” means the act of creating such an Account.

    • “Services” means all the services provided by us via and in the connection the Game to the Users, such as forums, Fireball Studios Discord Community etc.

    • “Users” means users of the Game including you and “User” means any one of them.

    • “Website” means website: https://fireballrpg.com.

  • 3 Registration and access to the game

    • 3.1 The Game is a gaming platform which allows you to: 

      • play original adventure campaigns that have been created by us or other Users and which have been made available via the Game, 

      • create your own adventure campaigns and make them available via the Game, and 

      • interact with other Users. 

      • You can find a complete description of the Services on our Website and in the Game after its installation.

    • 3.2 The Game is currently offered for download exclusively via Apple Store App and Google Play and runs on mobile devices with iOS or Android operating systems. However, it is possible that future versions of the Game will be available also on other platforms and/or other types of devices.

    • 3.3 You may be required to register an Account with a platform or service provider (e.g., Google Play or Apple App Store), unless the Game is expressly provided in a form where an account is not required. In some cases, you may be required to provide a username or other security protection in order to access and play the Game. You shall not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your Account. We reserve the right to disable or block accounts without any notice. You are not permitted to transfer your Account, any in-game currency or characters to another person or entity, unless specifically permitted in this EULA or in writing by us.

    • 3.4 Once you pay the respective fees (if applicable), download and install the Game, and successfully complete the Registration process, you will be able to play the Game. In consideration of your payment of any fees (if applicable) and subject to your registering for the Account and compliance with the terms contained in this EULA, you will be provided with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in this EULA. 

    • 3.5 If we or the platform or service provider are unable to process your payment at any time, your access to the Game and the Services may be suspended or terminated at our or the platform or service provider’s discretion.

    • 3.6 If enabled by us, you may establish an Account with account data provided to us by a third party such as a gaming platform and social networking service (e.g., Facebook) in which case you may have a separate, additional account relationship with such third party.

    • 3.7 You may cancel your Account at any time. If you decide to cancel your Account, please send us an e-mail to info@fireballrpg.com.

    • 3.8 We do our best to always deliver great user experience to all Users of the Game, however, please note that we cannot be responsible for the following conditions which are out of our control: 

      • the availability of the User’s internet connection (including a backup internet connection) with sufficient capacity to provide the Services; 

      • the proper functioning of the equipment used by the User when using the Game and the Services (software, hardware, etc.); and 

      • the proper functioning of Internet connection between the User and the data center from which the Services are provided. 

    • 3.9 For the avoidance of doubt, the provision of the Services and the Game does not include the provision of a mobile telephone, handheld device or other necessary equipment (the “Device”) to access the Game or the Services.

    • 3.10 To use the Game or the Services, you will need Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (the “Mobile Provider”) will apply when using the Game. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Game or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

    • 3.11 You warrant that all information provided during the Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. We are not obliged to verify the correctness, accuracy, timeliness and truthfulness of any information provided by you.

    • 3.12 By installing, accessing and using the Game, you grant us the right to use the processor, storage and other hardware on your Device to enable the proper operation of the Game. You also acknowledge and agree that the use of the Game may in some cases require that you enable the Game to use certain services or data from your Device (for example system time and date, localization service, etc.). 

    • 3.13 Because we are constantly trying to improve the Game and your user experience, please note that your access to the Game and/or the Services may be restricted to allow for updates, repairs, maintenance or the introduction of new features or services as set forth in Article 4 of this EULA. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Game at any time. We make no representation or warranty as to the completeness or accuracy of the Game nor represent or warrant that the Game will be available at all times or at any time.

  • 4 Game updates

    • 4.1 Because we need to be able to deliver the best experience to all our Users, we reserve the right to change, modify, update or otherwise upgrade the Game without notice from time to time or ask you to install additional updates, patches, fixes or hotfixes to the Game.

    • 4.2 Updates may change the Game’s terms, conditions, features, items, mechanics, or any other elements of the Game. In some cases, you must install such updates before you will be allowed to proceed to use the Game. If you fail to install the new update when required, we shall not be responsible in any way for your inability to use the Game and you shall not be entitled to receive a refund or any other form of compensation, except as otherwise provided for by the platform or service provider.

    • 4.3 You are not entitled to receive any new releases of the Game, or any updates, upgrades or similar products under this EULA, but we may in our sole discretion, although we are not obligated to, offer any or all of the foregoing to you. We may provide new releases or otherwise enhance the Game at any time, in our sole discretion, without any obligation to the Users. You acknowledge and agree that any new release, update or other enhancement of the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. If you fail to update the Game and install the new release when required by us, we will not be responsible in any way for your inability to use the Game, and you will not be entitled to receive any refund of any prepaid fees or any other form of compensation.

  • 5 Fees and payment options

    • 5.1 The Game currently represents a “free-to-play” application in which you can access and play certain parts of the Game without paying any fees. 

    • 5.2 Notwithstanding Article 5.1 of this EULA, we reserve the right to introduce certain fees for accessing the Game and/or certain content or premium features in the Game in the future.

    • 5.3 In addition, as we try to develop the best possible version of the Game for our Users, we are planning to introduce our own original in-game currency called the “Firegems”. Firegems shall be available for purchase to all Users and, once active, Firegems will enable the Users to use them for all in-game purchases. More details on the Firegems are specified in Article 6 of this EULA.

    • 5.4 You agree to fully pay for the Game and its features, items, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing us and/or the platform or service providers (e.g., Google Play, Apple App Store, etc.) with valid credit or debit card information to secure payment. We and/or the platform or service providers reserve the right to cancel any order of the Game or its parts if the credit or debit card information you provide is not valid. 

    • 5.5 Payment may be processed using a platform, such as Google Play or Apple App Store billing system. We or the platform or service providers may confirm any payments and send all initial login information, activation information or verification information by email once we or the platform or service provider have had the opportunity to confirm your purchase.

    • 5.6 In order to access and play certain versions of the Game or access additional content or premium features you may be required to pay additional fees. We may also offer other products and services in the Game, either for free, for one-time fees or for recurring fees. We and/or the platform or service provider may amend the fees and payment terms at any time, however, such fees change will not affect your purchase price for orders that we or the platform or service provider have already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.

    • 5.7 When you purchase the Game or any product or service within the Game or in relation to the Game you authorize us or the platform or service provider to automatically charge your credit or debit card in accordance with our payment terms. If any fees are subject to any type of applicable taxes, we or the platform or service provider may charge you for any such taxes, in addition to any fees. You are responsible for paying all applicable taxes including those we or the platform or service provider are not required to collect and for all Devices, Internet access and other costs you incur in order to access and play the Game.

    • 5.8 Unless expressly stated otherwise by us or the platform or service provider, all fees are payable in advance and are not refundable in whole or in part. Refunds are possible only in following scenarios. Please contact us by e-mail at info@fireballrpg.com if you want to request a refund:

      • the purchase has not been authorized or it has been a fraud;

      • the User has technical issues with the Game (it doesn’t run or works improperly); or

      • the User has accidentally purchased the Game, additional content or premium features multiple times (typically double purchase scenario).

    • Request for refund must be communicated to us within 30 days of the initial purchase. We will resolve your request for refund within 14 days after such request is delivered to us. Make sure you provide us with all information that can help us identify the issue upon which your request is based.

  • 6 Firegems

    • 6.1 For the purposes of this EULA, Firegems is an in-game currency purchasable and usable in the Game and for the Game purposes only. Firegems may be sold or provided solely by us in the Game.

    • 6.2 Firegems can be used, including but not limited to, purchase subscription, items and other features of the Game which will be specified by us in the Game.

    • 6.3 We reserve the right to refuse or cancel orders for Firegems if we determine, at our sole discretion, that you received them in error, through fraud or deception, or in any manner not authorized by this EULA.

    • 6.4 The purchase price for Firegems may change without notice. The price you will be charged is the price displayed on the final purchase confirmation displayed in the Game.

    • 6.5 Article 5 of this EULA shall apply in full to the payment for the purchase of Firegems.

    • 6.6 You can purchase Firegems only if you are 18 (eighteen) years of age and older. If you are at least of the Minimum Age but under 18 (eighteen) years of age, you need parental or guardian consent to the purchase of Firegems.

    • 6.7 Notwithstanding any use of the terms “purchase”, “buy”, “sell”, “order” or the like, Firegems you obtain are licensed, not sold, and you do not obtain title to or any ownership interest in them. All use of the Firegems is for personal, non-commercial, and in-game use only. We reserve all rights to Firegems. Subject to this EULA, you will have a limited, non-exclusive, non-transferable and revocable license to use Firegems in accordance with this EULA. You understand that if you violate this EULA, you may not be able to use Firegems.

    • 6.8 Except as specified in the Article 5.8 of this EULA, Firegems are non-refundable and may not be sold, transferred, assigned, redeemed or exchanged for cash, except for such an event taking place between Users of the Game in a manner permitted in the Game. In addition, you may not pledge or establish a security interest in Firegems or jointly possess Firegems with another person or other third party.

    • 6.9 If you breach this EULA or any other applicable terms, or if we suspect, at our sole discretion, fraudulent, abusive or unlawful activity associated with your account, we may immediately (a) suspend or limit your access to Firegems in your account and may also suspend your access to the Game, or (b) terminate your account. In addition, we reserve the right to discontinue or modify the Game or Firegems program at any time at our sole discretion, without any further liability to you. If we suspend or terminate your account for any reason, you must discontinue any use of the Game, and the right to purchase or use Firegems shall also be suspended or terminated. Notwithstanding any other provision in this EULA or other applicable terms to the contrary, we reserve the right to reduce, liquidate, suspend, deactivate, remove access to and/or terminate Firegems program if we suspect, at our sole discretion, that (a) you have used any Firegems in violation of this EULA, and/or any other applicable terms and/or (b) you have otherwise used Firegems to conduct any fraudulent or illegal activity.

    • 6.10 If you deactivate your account, your unused Firegems will no longer be usable and you may not request refund for them.

    • 6.11 In no event shall we be liable for any direct or indirect damages or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use or inability to use Firegems.

  • 7 Game Masters

    • 7.1 For the purposes of this EULA, the “Game Master” is a User of the Game who is listed in our list of professional Game Masters published on our Website, and who can run and help navigating Users in their selected campaigns.

    • 7.2 Users can select campaigns on our Website alongside their preferred Game Master. Some campaigns may be linked to a specific Game Master and that being the case, selection of Game Master is not possible. To connect with their chosen Game Master and for the purposes of any further communication with the respective Game Master, the Users shall use Discord channel previously established for the chosen Game Master or the chosen campaign.

    • 7.3 The Game Masters offer their services via the Game, but we are acting solely as an intermediary between them and the Users and we do not participate in their respective relationship in any other way. Therefore, we shall not be liable for any damages of any kind arising out of or in any way connected with the using of services of any Game Master in the Game. 

    • 7.4 The payment for the purposes of using Game Master’s services shall not be made through the Game or with any participation on our side and therefore shall be solely in discretion of the Game Master and the User. We do not receive any commission arising from the services of Game Master.

    • 7.5 We support creativity and encourage Game Masters to create their own original campaigns. If you think that other Users would enjoy the campaign you created and you would like to offer exclusive rights to the campaign to us so that we can distribute it via the Game, please do not hesitate to contact us at info@fireballrpg.com and we will be more than happy to get in touch with you and further discuss this option.

  • 8 Obligations of Users

    • 8.1 As a User you are obliged to:

      • use the Game and the Account only in accordance with the purpose designated by us;

      • use the Game and the Account, including all Services, in accordance with this EULA and applicable laws;

      • secure the Account as required and/or as appropriate (e.g., with a username, password and/or PIN code) and implement and maintain standard security processes (including adequate technical, administrative and physical safeguards) to protect all Account access data and prevent unauthorized use or unauthorized access to the Account;

      • secure the Device against any third party and you hereby accept sole responsibility for all activities that occur under your Account on the Device; 

      • maintain the confidentiality of the information necessary to access the Account and you must not allow the use of the Account by third parties;

      • refrain from creating a username or naming another part or parts of the Game, you may not use language that is, alludes to, or can be construed to be sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethically offensive, sexist, or otherwise offensive according to of us in our sole discretion;

      • refrain from posting, uploading or providing links to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racial or ethnical charged, or otherwise offensive imagery or content, or any other content that we deem to be inappropriate;

      • refrain from intentionally exploiting any bug in the Game;

      • inform us of any unauthorized use or unauthorized access to the Account and ensure timely revocation / replacement of potentially or actually compromised access data;

      • behave appropriately and not abusive with regard to any other Services we run;

      • refrain from using any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game or the Services;

        • behave appropriately and avoid doing anything that would result in sanction of us on the places, you can share ideas and opinions with other Users (e.g., on our Forum, Twitter, Facebook, etc.).

    • 1.1 As we have invested a lot of effort into the development of the Game, you agree that without our express prior written consent, you shall not, and you shall not allow any third party, to: 

      • decompile, disassemble or reverse engineer the Game, including any Services provided; 

      • remove, modify or obscure any copyright or proprietary notices contained in the Game or the Services; 

      • use the Game, including any Services provided, to create a similar or competitive product or service; 

      • gain unauthorized access to the Game (e.g., through another system or tool); 

      • use the Game, including any Services provided, in a manner that violates applicable law or violates any third-party privacy or intellectual property rights; 

      • publish, post, upload or otherwise transmit through the Game or the Services any data that contains viruses, Trojans, worms, time bombs, corrupted files or other computer programs or procedures that are capable of being harmed, harmed, invisibly captured or appropriate any systems, data, personal information or property of someone else; 

      • transmit spam, chain messages or other unsolicited communications through the Game or the Services; 

      • violate the integrity or security of the Game, including any Services provided; or 

      • take any action that may or may impose a disproportionate or disproportionate burden on our infrastructure.

    • 8.2 If you are not the bill payer for the Device being used to access the Game, you will be assumed to have received permission from the bill payer for using the Game.

    • 8.3 By submitting any text, images or other data of any kind and nature (the “Content”) to or via the Game or our Services, you represent that you are the owner of the Material or have proper authorization from the owner of the Material to use, reproduce and distribute it. 

    • 8.4 In order for us to properly provide you with our Services, we need certain permissions from you. For this purpose, you hereby grant:

      • to us a worldwide, royalty-free, non-exclusive, irrevocable, transferrable right and license under all applicable copyrights and intellectual property rights laws to access, use, play, broadcast, reproduce, download, modify, cut, divide, make copies of, and make the Content available to the public (in whole or in part) and to promote any products or services on the basis of the Content, including the right to grant sublicenses, and

      • to all Users a worldwide, royalty-free, non-exclusive license to access and use the Content in the way and manner permitted in the Game,

      • whereas the licenses granted last perpetually until the respective Content is completely removed from the Game, or as long as the purpose of the Agreement requires, or the Content is part of other Users’ content (whichever occurs later). 

    • 8.5 You are fully responsible for the Content you upload to or via the Game, and you acknowledge and agree that we do not proactively monitor the Content you decide to upload to the Game in any way. You further represent that the Content will not be defective, discriminatory, violate any third-party rights and will comply with all laws, this EULA and other applicable rules. We reserve the right to block your access to the Game by banning or suspending your Account and/or to edit or remove any Content which in our reasonable opinion may give rise to a breach of this EULA or any respective laws, without your right to any compensation.

    • 8.6 You are solely responsible for your interactions with other Users of the Game. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other Users.

  • 9 Reporting Infringement

    • 9.1 If you feel that the content of other Users infringes the intellectual property rights or other rights of third parties in any way, please do not hesitate to contact us via e-mail at info@fireballrpg.com. We will try to solve this problem as soon as possible.

  • 10 Personal Data Protection

    • 10.1 The User acknowledges and agrees that the processing of personal data by us is governed by Privacy Policy which is hereby considered as an integral part of this EULA.

    • 10.2 Do Not Sell My Personal Information. To the extent Californian laws apply to you and Fireball sells your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by contacting us at info@fireballrpg.com.

  • 11 Age

    • 11.1 Our Game and Services are not intended for, and we do not direct them to anyone who is under the age of 13 (thirteen) (the “Minimum Age”).

    • 11.2 Children under the Minimum Age may not access and use the Game and our Services. If you are at least of the Minimum Age but under 18 (eighteen) years of age, you need parental or guardian consent to access and play the Game and any activities in the Game must be under the legal responsibility of your parents.

    • 11.3 Any registration by, use of, or access to the Game by anyone under the Minimum Age, or by anyone who is under 18 (eighteen) acting without parental or guardian consent, is unauthorized, unlicensed and in violation of this EULA.

  • 12 Open Game Content

    • 12.1 We hereby inform you that the Game is using certain content created and distributed by Wizards of the Coast, LLC as “Open Game Content” under the terms and conditions of the Open Gaming License Version 1.0a (the “OGL”). The full text of the OGL is attached as Annex 1 to this EULA.

    • 12.2 More detailed indication (designation) of Open Game Content which we use in the Game is attached as Annex 2 to this EULA.

    • 12.3 Please note that no part or element of the Game shall be considered as Open Game Content unless explicitly designated as such by us. 

    • 12.4 You expressly acknowledge and agree that any Open Game Content may be used only under the terms and conditions of the OGL. Any terms of this EULA conflicting with the OGL shall not be applied with respect to Open Game Content.

  • 13 Intellectual Property

    • 13.1 The Game is the result of our long creative and innovative efforts. You acknowledge and agree that no title or ownership in the Game is being transferred or assigned and this EULA shall not be interpreted as a sale of any right in the Game. We are and remain the exclusive holder of all rights, titles and interest relating to the Game and the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, source code and its part, art assets or moral rights, and that the Game and the Services are protected by copyright laws and other related regulations. The User is granted only the right to use the Game and the Services for own personal and non-commercial use to the extent necessary for the use of the Game and the Services in accordance with their purpose and this EULA. 

    • 13.2 Nothing in this EULA or any other document shall be construed as granting, assigning or transferring any intellectual property rights to the Game or the Services and any parts thereof, know-how, trade secrets, documents, technologies, patents or expertise owned by us or used in operation of the Game and provision of Services by us to the User. This also includes the User provided Content.

    • 13.3 You shall not sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge the Game. The Users shall not also copy, transfer or distribute the Game, its hacked or otherwise altered versions, any of its parts or any of the paid content.

    • 13.4 If you distribute or otherwise publish derivative works or modifications of the Game or any parts thereof, you automatically grant to us the worldwide, exclusive, irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and / or dispose of the modifications and / or derivative works (or any part of them) in any way we consider appropriate. You also waive and agree never to assert against us or our affiliates, distributors or licensors any moral rights or similar rights, that you may have in respect of such modifications and / or derivative works.

    • 13.5 Except for the Open Game Content, which is governed by the OGL, the Game is not a free software, copy-left or public domain software. The source code and all art assets of the Game are copyrighted and licensed by Fireball and any use of them is subject to the rules stated in this EULA or, if applicable, an express consent of Fireball. 

    • 13.6 Distribution of the original art assets such as models, fonts or textures is not permitted, unless it is necessary to create your own mods. Any commercial use of the Game source code, art assets or other affiliated assets is subject to express consent of Fireball. For this purpose you can contact us on info@fireballrpg.com. This does not affect your Video Policy set out below.

    • 13.7 User shall not without a prior written approval given by us rename the Game, or remove its identifications, copyrights, logotypes, logomarks, trademarks or other intellectual property notices, information or acknowledgements. Any our logomarks and trademarks are and shall remain our sole property. The User shall always comply with our guidelines, instructions and requirements.

    • 13.8 You acknowledge and agree that all content, design elements, and materials available in the Game, for example (but not limited to) graphics, logos, designs, characters, objects, environments, worlds, icons, scripts, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation and service names are owned by us and/or our partners and licensors and may be protected by copyrights, trademarks, patents, trade secrets, and/or other intellectual property or proprietary rights of us and/or our partners and licensors. We and our partners and licensors retain all right, title and interest in and to the above-mentioned and you may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute it in any form or for any means, unless expressly permitted in this EULA.

    • 13.9 You may not upload or republish the Game or Game content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game content is strictly prohibited, except as provided in this EULA. 

    • 13.10 When using the Game and the Services, the User is always obliged to proceed in such a way that it does not violate any our rights and acts in accordance with the laws, especially with legal norms relating to copyright. We may restrict and suspend the Account and the use of the Game or the Services if the User breaches this EULA. In such a case we will first try to resolve the situation by communicating with the User. Suspending the Account and the use of the Game or the Services is the last resort.

  • 14 Video Policy

    • 14.1 If you are an authorized User of the Game, you may use our content for the purpose of creating videos (such as tutorials, walkthroughs, reviews etc.), uploading them on video sharing platforms (such as YouTube) and monetize those, provided that video is done in a good taste and shall not infringe on intellectual property rights of us or any other third party or reflect negative light on us or the Game.

    • 14.2 You are not allowed to extract assets from our content and distribute those separately (e.g., sound effects, graphics, music). If you decide to upload video of the Game, you are encouraged to attach disclaimers stating that you are posting the material without any affiliation with us or the Game.

    • 14.3 We reserve the right to revoke this permission if the video is being used in a way we see as inappropriate, and we reserve the right to request the takedown of any such videos at any time.

  • 15 Limitation of Liability

    • 15.1 The Game and the Services are provided to the Users AS-IS, i.e., in the way in which they have been designed and operated. By downloading the Game, the User expressly agrees that use of the Game and the Services is at the User’s sole risk. Neither we, nor our employees, affiliates, agents, distributors, resellers, or the like, warrant that the Game and the Services will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information or service contained in or provided through the Game and the Services. Because the Game and the Services are provided “as is,” we are not required to provide any support services for it.

    • 15.2 The User further acknowledges and agrees that (a) the User is solely responsible for proper use of the Game, and (b) the User shall have no remedy for any failure of the Game.

    • 15.3 Under no circumstances, including negligence, shall we, our officers, agents or anyone else involved in creating, producing, or distributing the Game and the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the download, install or use of or inability to use the Game and the Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.

    • 15.4 We always strive to deliver you the best experience. Nevertheless, in case the use of the Game or our Services causes you discomfort or inconvenience of any kind, you may send your suggestions to our e-mail address info@fireballrpg.com or uninstall the Game and stop using our Services. Please note that uninstallation of the Game and discontinuance to use our Services is your sole and exclusive remedy in case the Game or our Services causes you discomfort or inconvenience of any kind.

    • 15.5 In rare instances, you may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual or augmented reality headset, glasses, equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. We take no responsibility for such effects in the Game and advertising related to the Game and end results thereof and you are accessing and playing the Game and seeing the advertising on your own risk. We shall not take any responsibility for motion sickness or any balance problem that may be introduced from playing the Game or seeing the advertising related to the Game. We are not also responsible if you stay awake all night long playing the Game and can’t go to school or work in the morning.

    • 15.6 You acknowledge that playing the Game may be a very immersive experience and, in some cases, playing the Game may also require that you move or do something else in the real world. Please note that you are solely responsible for playing the Game in a safe environment and you undertake to always check your surroundings to avoid any accidents. To the maximum extent permitted by applicable law, we shall in no event be liable to the User for any harm or damage (in particular, but not limited to physical harm) incurred by the User or any third party while playing the Game. 

    • 15.7 You acknowledge and agree that the Game or platforms may contain advertising and links to other games, websites or services. We shall not be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services available on such games, websites, services or platforms. 

    • 15.8 You further acknowledge and agree that some versions of the Game or related Services may contain personalized advertisement provided by third-party advertisement providers. The collection of any data for the purpose of provision of such personalized advertisement and the provision of such personalized advertisement are done exclusively by the respective advertisement providers and are not under our control. If you do not wish to receive personalized advertisement or wish to know what data the respective advertisement provider collects, please check the respective terms and conditions of the respective advertisement provider regarding your options for opting-out of personalized advertisement and requesting information on collected data. We shall not be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by the third-party advertisement providers.

    • 15.9 EXCEPT AS EXPRESSLY SET FORTH IN THIS EULA, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, RELATING TO ANYTHING WITHIN THE SCOPE OF THE CONTRACT BETWEEN YOU AND US. WE SPECIFICALLY DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM OR USAGE OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE GAME, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE USER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ALL SOFTWARE, GOODS, IMPROVEMENTS, EQUIPMENT, AND SERVICES PROVIDED BY US TO THE USER.

    • 15.10 To the maximum extent permitted by applicable law, we shall in no event be liable to the User for any claim to the extent that the same is a claim for:

      • loss of revenue or profits;

      • loss of business opportunity or business interruption;

      • loss of goodwill or injury to reputation;

      • indirect financial loss or damage;

      • loss of expected savings;

      • increase in debt or failure to reduce debt; or

      • reduction in the value of an asset;

      • damage to your computer hardware, data or software;

      • special, incidental, punitive or consequential damages;

      • regardless of the form of action or theory of liability, whether in contract, strict liability, product liability, or tort (including negligence) and regardless of whether the first named party knew or had reason to know of the possibility of the loss, injury or damage in question. 

    • 15.11 In any event, our maximum liability to the User under this EULA or otherwise for any cause whatsoever (whether in the form of the additional cost of remedial services or otherwise) will be for direct costs and damages only due to our provable breach of its obligations under this EULA and will be in aggregate limited to the sum actually paid by the User to us in connection with the Game.

  • 16 Indemnification

    • 16.1 You agree to fully indemnify and hold us harmless from and against any and all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (i) any breach of your obligations under this EULA, (ii) any Content you have posted, uploaded and otherwise contributed to the Game, (iii) any and all activities you carry out in the Game or through our Services, and (iv) your breach of any other relevant laws, regulations or third-party rights.

  • 17 Termination

    • 17.1 The agreement between you and us lasts until one of the parties (you or us) terminates it. However, you agree that certain rights and obligations arising from this Agreement will last also after the termination of the Agreement, such as, but not limited to, our rights to the User’s Content.

    • 17.2 Without prejudice to any other rights, we may terminate the Agreement immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy or by other similar means delete or remove all copies of the Game and all of its component parts including any Game software or data stored on the hard disk of any Device. You may also terminate the EULA at any time by destroying or by other similar means deleting or removing the Game and uninstalling it from your hard drive or other applicable hardware. 

    • 17.3 All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and our intellectual property and proprietary rights (including our rights to the Content), choice of law and jurisdiction, indemnity and miscellaneous shall survive the termination.

  • 18 Miscellaneous

    • 18.1 To the extent permitted by law, this EULA, as well as provision of our Services, are governed and construed in line with the laws of Delaware excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising in connection with this EULA, the Game and our Services shall be settled exclusively at the competent court in Delaware.

    • 18.2 If you acquired the Game in the United States of America, you undertake not to export or re-export it except as authorized and permitted by the laws and regulations of the United States of America.

    • 18.3 If any part of this EULA becomes invalid, legally ineffective or non-binding, the other parts of this EULA shall survive. In such a case, the invalid provision shall be enforced in full in accordance with the applicable law, and you shall adopt measures with an effect similar to the invalid, legally ineffective or non-binding measure, in accordance with the content and purpose of this EULA. 

    • 18.4 When you play the Game or send e-mails to us, you are communicating with us electronically. You hereby consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means we find appropriate. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.

    • 18.5 We reserve the right to amend or update this EULA at any time and at our sole discretion by publishing the amended or updated EULA via the Game, on our website and/or by otherwise communicating such changes to you. Any and all amendments or updates of this EULA shall apply and become effective from the date of their publication. You acknowledge that such changes may be required to take account of, for example, changes to any digital rights management system used, or, where applicable, changes in the services provided by the respective platform or service provider (e.g., Google Play, Apple App Store etc.). If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA, you may terminate the Agreement in accordance with the above Termination clause. By logging-in and/or using the Game, as well as using any of the Services, you agree with the current wording of our EULA, and you undertake to follow them. Similarly, your installations and use of any updates or modifications to the Game or your continued use of the Game following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.

    • 18.6 This EULA constitutes the entire agreement between us and the User with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. We may unlimitedly assign our rights under this EULA to third parties. The User may not assign any rights or obligations towards us to any third party without our prior written consent. 

    • 18.7 You acknowledge that this EULA and such provision of the Game may also be subjected to the additional terms and conditions adopted by a particular online store or distribution service, if the Game is provided through an authorized external online store or other authorized distribution service. All such applicable terms and conditions are part of this EULA by this reference and in case of collision with this EULA such applicable terms and conditions shall prevail.

    • 18.8 Nothing in this EULA confers or purports to confer on any third party any benefit or any right to enforce any term of this EULA.

    • 18.9 The following Annexes form an integral part of this EULA:

      • Annex 1 – Open Gaming License

      • Annex 2 – Designation of Open Game Content

This EULA was last updated on: June 14, 2022.

Open Gaming License

Annex 1

Permission to copy, modify and distribute the files collectively known as the System
Reference Document 5.0 (“SRD5”) is granted solely through the use of the Open Gaming
License, Version 1.0a.


This material is being released using the Open Gaming License Version 1.0a and you should
read and understand the terms of that license before using this material.


The text of the Open Gaming License itself is not Open Game Content. Instructions on using
the License are provided within the License itself.


The following items are designated Product Identity, as defined in Section 1(e) of the Open
Game License Version 1.0a, and are subject to the conditions set forth in Section 7 of the
OGL, and are not Open Content: Dungeons & Dragons, D&D, Player’s Handbook, Dungeon
Master, Monster Manual, d20 System, Wizards of the Coast, d20 (when used as a trademark),
Forgotten Realms, Faerûn, proper names (including those used in the names of spells or
items), places, Underdark, Red Wizard of Thay, the City of Union, Heroic Domains of
Ysgard, EverChanging Chaos of Limbo, Windswept Depths of Pandemonium, Infinite Layers
of the Abyss, Tarterian Depths of Carceri, Gray Waste of Hades, Bleak Eternity of Gehenna,
Nine Hells of Baator, Infernal Battlefield of Acheron, Clockwork Nirvana of Mechanus,
Peaceable Kingdoms of Arcadia, Seven Mounting Heavens of Celestia, Twin Paradises of
Bytopia, Blessed Fields of Elysium, Wilderness of the Beastlands, Olympian Glades of
Arborea, Concordant Domain of the Outlands, Sigil, Lady of Pain, Book of Exalted Deeds,
Book of Vile Darkness, beholder, gauth, carrion crawler, tanar’ri, baatezu, displacer beast,
githyanki, githzerai, mind flayer, illithid, umber hulk, yuan-ti.


All of the rest of the SRD5 is Open Game Content as described in Section 1(d) of the License.


The terms of the Open Gaming License Version 1.0a are as follows:


OPEN GAME LICENSE


Version 1.0a The following text is the property of Wizards of the Coast, Inc. and is Copyright
2000 Wizards of the Coast, Inc (“Wizards”). All Rights Reserved.

1. Definitions: (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content; (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) "Distribute" means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)"Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. (e) "Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content; (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) "You" or "Your" means the licensee in terms of this agreement. 

 

2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License. 

 

3.Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License. 

 

4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, nonexclusive license with the exact terms of this License to Use, the Open Game Content. 

 

5.Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License. 

 

6.Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and You must add the title, the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute. 

 

7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity. 

 

8. Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content. 

 

9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License. 

 

10. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute. 

 

11. Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so. 

 

12. Inability to Comply: If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Open Game Content due to statute, judicial order, or governmental regulation then You may not Use any Open Game Material so affected. 

 

13. Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License. 

 

14. Reformation: If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. 

 

15. COPYRIGHT NOTICE Open Game License v 1.0a Copyright 2000, Wizards of the Coast, Inc. 

 

System Reference Document 5.0 Copyright 2016, Wizards of the Coast, Inc.; Authors Mike Mearls, Jeremy Crawford, Chris Perkins, Rodney Thompson, Peter Lee, James Wyatt, Robert J. Schwalb, Bruce R. Cordell, Chris Sims, and Steve Townshend, based on original material by E. Gary Gygax and Dave Arneson.

 

END OF LICENSE

Designation of Open Game Content

Annex 2

Dungeon Realms related materials.