These terms of service (the "Terms") represent a contract that you are entering into with Lone Wolf Development and LWD Technology ("LWD", "we" or "our"). The Terms govern your access to and use of the websites, products, and services provided by LWD (the "Services"), which include those for Hero Lab®, Realm Works®, Army Builder®, and others.
Please read the Terms carefully before using the Services.
By using the Services, you agree to be bound by these Terms. If you wish to terminate this contract, you may do so at any time by contacting LWD to close your account and ceasing to access or use the Services.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power and legal capacity to form a contract with LWD (i.e., you are of legal age to enter into a contract) and are not barred under any applicable laws from doing so.
If you are using the Services on behalf of a group of others, including but not limited to your local gaming group, who also makes use of the Services, you are agreeing to these Terms for that group and promising that you have the authority to bind that group to these terms. In that case, "you" and "your" will refer to both yourself individually and the group that you represent.
The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time, without prior notice to you. We also reserve the right to remove any content from our Services, at our sole discretion.
Any personal information you provide to us is governed by our Privacy Policy and is retained in case it's needed in conjunction with the exercise or defense of legal or other claims. You may review the personal information we possess at any time via your account. If you have any questions relating to your personal information, you may contact LWD via the established methods for doing so. Only use the Services if you agree with the Privacy Policy.
You are solely responsible for your conduct, the content you enter into the Services, your interaction with the Services, and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
When using the Services, you agree to be bound by our Acceptable Use Policy. Failure to act in accordance with the Acceptable Use Policy in any way shall be grounds for account termination. Only use the Services if you agree with the Acceptable Use Policy.
We may revise these Terms, Privacy Policy, and Acceptable Use Policy from time to time, and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (for example, via email to the email address associated with your account). Other changes may be posted to our website (www.wolflair.com) or the Services terms or policy pages (info.wolflair.com), so please check those pages regularly. We agree that changes cannot be retroactive.
If you object to any changes, you may contact LWD to close your account. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
By using our Services, you provide us with information, electronic files, and content that you submit to LWD (together, "your IP"). You retain full ownership to your IP. We don't claim ownership to any of it. These Terms do not grant us any rights to your IP, except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your IP, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we backup data to keep it safe. You give us the permissions we need to do such things as we deem necessary to provide the Services. This permission also extends to third parties we work with to provide the Services, for example companies we may contract with to host servers and provide storage space.
With the exclusion of the rare exceptions identified in our Privacy Policy and compulsion of legal process by law enforcement authorities, we promise not to share your content with anyone other than those you designate.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that LWD has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your IP with others or to make it public. There are many things that users may do with that IP (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. LWD has no responsibility for what users may subsequently do with your IP.
You acknowledge that the Services are separate and distinct from any licensed content that might be made available through the Services. Access to content that is provided through the Services is offered solely as a service to the user. Title and intellectual property rights in and to any content displayed by or accessed through the Services belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. These Terms do not grant you any rights to use such content and you agree to only use created content with the Services from material that you have the legal right to use.
Your legitimate access to the Services confers a non-transferable, non-sublicensable, non-exclusive, royalty-free license to make personal, non-commercial use of output from the Services.
Files and other content in the Services may be protected by the intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not LWD, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not LWD, are responsible for maintaining and protecting all of your IP. LWD will not be liable for any loss or corruption of your IP, or for any costs or expenses associated with backing up or restoring any of your IP.
If your contact information or other information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 16 years of age. By agreeing to these Terms, you are representing to us that you are 16 or older.
We may suspend accounts for which incomplete, incorrect, or invalid information is provided until such time as the necessary corrections are made.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
You acknowledge that if you wish to protect your IP, it is your responsibility to use a secure, encrypted connection to communicate with the Services.
Use of our Services require your use of our software packages ("Software"). LWD hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that breaches our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms.
You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.
Our Services may update the Software on your device automatically when a new version is available and you grant us the right to do so form time to time, as we may deem necessary.
These terms do not grant you any right, title, or interest in the Services or Software. Furthermore, our Software and the other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
The Services may contain links to third-party websites or resources. LWD does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply exclusively to that software.
When you provide payment information to LWD or one of its payment processors, you warrant that you are the authorized user of the payment form (e.g. credit card), and you authorize LWD to process your payment for any products, content, services, or other fees incurred by you.
For Services purchased based on an agreed usage period, where recurring payments are made in exchange for continued use, you authorize LWD to process your payment for any recurring payment amounts. If you have recurring payments, you agree to promptly notify LWD of any changes to your payment form (e.g. credit card number, expiration, and/or billing details) or if the payment form expires or is cancelled for any reason. Failure to notify LWD and make suitable corrections will result in full account suspension, and not just the recurring services in question, until corrected.
You are responsible for all charges incurred to your account, including applicable taxes, for all purchases made by you or anyone that uses your account, including your family or friends.
LWD respects others' intellectual property and asks that you do, too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.
In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond expeditiously to claims of copyright infringement committed using the Service, provided such claims are reported by a copyright owner, someone authorized to act on behalf of a copyright owner, or someone authorized to act under any exclusive right under copyright, to our Designated Copyright Agent, identified below.
A DMCA Notice of Alleged Infringement ("Notice") must contain the following information:
a. Identify the copyrighted work or works that you claim has been infringed.
b. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
c. Provide your contact information, including, if applicable, your company affiliation, mailing address, telephone number, and email address.
d. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
e. Provide your full legal name and your electronic or physical signature.
Upon receipt of Notice as described below, Lone Wolf Development or LWD Technology will take whatever action, in their sole discretion, they deem appropriate, including removal of the challenged content from the Site.
We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
DMCA Agent:
LWD Technology
c/o Lemery Greisler LLP
60 Railroad Place
Suite 502
Saratoga Springs, NY 12866
copyright@wolflair.com
You may terminate use of our Services at any time by contacting LWD to close your account. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. The following shall survive termination:
a. Our rights to use and disclose your feedback;
b. Other users’ rights to further re-share content and information you shared through the Services to the extent it was copied or re-shared prior to termination;
c. Sections 3, 6, 7, 11, 12, 14, 15, and 20 of these Terms;
d. Any amounts owed by either party prior to termination remain owed after termination.
If you wish to send us notices or services of process, please contact us at the following:
Online via email:
support@wolflair.com
By physical mail:
Lone Wolf Development, Inc.
6469 Almaden Expressway
Suite 80
PMB 171
San Jose, CA 95120
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LWD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LWD HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO LWD FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY NEW YORK LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF THE NORTHERN DISTRICT OF NEW YORK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and LWD with respect to the Services, and they supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. LWD's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but LWD may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. LWD and you are not legal partners nor agents; instead, our relationship is that of independent contractors.
