Terms of Service

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 13 ("GOVERNING LAW AND FORUM CHOICE") AND 14 ("DISPUTE RESOLUTION") BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, COPY, OR USE THE SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 5), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE. 2. Changes to Terms or Services. We can update these Terms whenever we need to. If we do, we'll let you know according to Section 15(d). You'll need to accept the updates to keep using the Services. Don't want to accept them? Then you can't use the Services anymore, except as covered in Section 14(h) "Effect of Changes on Arbitration." Our Services change and improve over time, so we might modify, take away, or stop offering parts of them at any moment without telling you first. We also have the right to push out patches, updates, or upgrades whenever we want.

(a) Eligibility. You can only use the Services if you're at least 13, able to enter into a legal agreement with Company, and nothing in the law stops you from using them. (b) Game Platforms. Our Games come through various software platforms, which might also handle downloads. Think Steam, Epic Games, and similar services ("Game Platforms"). To grab our Games from one of these platforms, you'll need an account there (a "Gaming Account"), and you understand that the Game Platform's own terms apply to your account and how you use our Services through them. If there's ever a conflict between a Game Platform's terms and ours, ours win. (c) Your Account. When you access our Services through a Game Platform, we get certain information about you from your Gaming Account as described in our Privacy Policy. We might use that to set up an account for you with our Services, and you can add more information if you want through the Services themselves (an "Account"). (d) Accuracy of Account Information. Keep your Account info accurate and current, including updating things through your Gaming Account. If you don't, we might have to suspend or shut down your Account.

(a) Company Content. In these Terms, "Content" means everything—text, graphics, images, music, software, audio, video, creative works of any kind, information, and materials that show up through the Services. Company and the people we license from own all the rights, title, and interest in the Services and Content, including all intellectual property that goes with them. (b) In-Game Content. We offer various upgrades, add-ons, features, options, and in-game currency within the Services ("In-Game Content"). This might be virtual currency, character skins, field equipment, growth accelerators, or other things that make your experience better. In-Game Content can also unlock seasonal events or special challenges with extra rewards. We sometimes offer In-Game Content as part of a special event or "season," which might have their own terms. Some In-Game Content you can buy, some comes with a purchase as described in Section 5, and some you can get free through events or just playing. It's all Company Content, and anything you access stays ours. In-Game Content has no real money value and you can't trade it, sell it, or get money back for it. You can't hand it off to someone else, sell it, or swap it for anything. Your access to In-Game Content follows the license terms in these Terms, and we can take that access away anytime without owing you anything. Other limits might apply too, depending on how the Games work or what we tell you separately. Within the law, we can change, swap out, replace, pause, cancel, or remove any In-Game Content—including your ability to use it—without warning or liability. (c) License Keys. Sometimes we sell or provide unique keys you can use to access our Games through a Game Platform (a "License Key"). License Keys are yours alone and can't be passed to someone else or sold. If we think you've defrauded us or broken these Terms, we can disable a License Key or revoke your access to our Games with it. License Keys aren't worth money and can't be converted to it. (d) Rights in Content Granted by Company. As long as you follow these Terms, Company gives you a limited, single-person, non-transferable license with no sublicensing allowed to: (i) view and access the Content (including any In-Game Content you've bought or got access to under these Terms); (ii) if you have a valid License Key for a Game or bought it through a Game Platform, download and set up that Game on a device you own or control. This is only for your normal use of the Services. You can't: (w) copy, change, or make new stuff based on the Services; (x) give, transfer, sublicense, lease, lend, or rent our Services to anyone else; (y) reverse engineer, decompile, or take apart the Services; or (z) make the Services work for multiple people through any method. Company keeps all rights to the Services, Games, and Content except what we specifically give you here. (e) Streaming. Go ahead and stream your time with our Games, just keep it non-commercial, don't charge people to watch, stick to appropriate content (no excessive language or nudity), don't run competitions without our written say-so (which might come with extra rules), and put "Sponsored By _______" (with your sponsor's name) plainly visible if someone's sponsoring you.

When you buy access to our Games through a Game Platform, get a License Key, or purchase In-Game Content (each a "Transaction"), you're telling the Game Platforms (or their payment processors) to charge you. They might ask for extra details for your Transaction, like your credit card number, expiration date, email, and billing address ("Payment Information"). You understand that Game Platform terms apply to your Transaction too. Once you start a Transaction, you're authorizing the Game Platforms to share your Payment Information with other companies to finish the job and charge your payment method for what you picked (plus taxes and other fees). You might need to prove who you are before finishing a Transaction (that's part of Payment Information too). UNDER THE GAME PLATFORM'S REFUND RULES, YOUR PURCHASE IS DONE AND YOU CAN'T CANCEL IT OR GET YOUR MONEY BACK ANYTIME. If something goes sideways during a Transaction, the Game Platforms can cancel it for any reason and refund whatever you already paid.

From time to time, we might let you try early versions of our Services ("Early Access"). These aren't guaranteed to work right and could cause problems with your device or system. Using Early Access means you agree to this too: (a) Company can delete or change any software, data, Content, or stuff on your computer tied to Early Access anytime; (b) Company can stop your Early Access whenever, which means it won't work; (c) if we stop Early Access, you have to delete any copy on your computer and all the stuff you got from us for it; (d) you won't get paid for trying Early Access; and (e) Early Access doesn't mean you get the full version of the Game or Service later, and you might have to buy the full version separately.

You agree not to do any of the following: (a) use the Services for business purposes (like running a gaming arcade) without Company's permission or unless these Terms specifically allow it; (b) do anything we think is wrong (like cheating), violent, or discriminatory, or that ruins another player's fun—including harassing them or "trolling"; (c) get around or remove anything that stops misuse of the Services; (d) mess with TCP/IP packet headers or email headers, or use the Services to send fake or misleading info about who's sending something; (e) grab or keep personal info about other users without their okay; (f) break any law or rule; or (g) help someone else do any of the above. We don't have to watch how people use the Services or check Content, but we can if we need to run things properly, make sure you're following these Terms, or meet legal requirements.

The Services might have links to other websites or stuff online. We put those there just to be helpful, but we're not responsible for what's on those sites, what they sell, what they offer, or how they run. You're on your own if you use third-party sites.

We can shut down your access to the Services anytime, no notice needed. If we do, this part and Sections 4(a), 4(b), and 10 through 15 keep going.

(a) Disclaimers with Respect to Our Services and Content. THE SERVICES AND CONTENT COME "AS IS," NO WARRANTY. WE SPECIFICALLY DON'T PROMISE THAT THEY'LL SELL, WORK FOR WHAT YOU WANT, RUN QUIETLY, OR NOT BREAK ANYONE'S RIGHTS. WE DON'T MAKE PROMISES THAT COME FROM HOW PEOPLE NORMALLY USE THINGS LIKE THIS EITHER. The Services might not do what you need, and we don't guarantee they'll work all the time without problems or be safe. We're not responsible for whether the Content is right, current, honest, full, or dependable. (b) Disclaimers with Respect to Third-Party Hardware. Our Services and Games might need third-party equipment like computers or gaming devices ("Third-Party Hardware"). Company isn't responsible for that hardware or any damage or problems from using our Services with it. You're responsible for reading any warnings or instructions that come with Third-Party Hardware and making sure your use of our Services follows those instructions.

You'll protect Company and its people—officers, directors, employees, agents, contractors, everyone—from any claims, arguments, demands, liability, damage, loss, and expenses (including reasonable legal and accounting costs) that come from or connect to your use of the Services or Content, or from breaking these Terms.

(a) COMPANY AND ANYONE ELSE INVOLVED IN MAKING OR RUNNING THE SERVICES OR CONTENT WON'T BE LIABLE FOR SPECIAL, EXTRA, OR FOLLOW-ON DAMAGES, OR LOST PROFIT, LOST MONEY, LOST SAVINGS, LOST BUSINESS CHANCES, LOST DATA OR REPUTATION, SERVICE STOPS, BROKEN COMPUTERS, SYSTEM FAILURE, OR COSTS FOR REPLACEMENT SERVICES THAT COME FROM THESE TERMS OR FROM USING (OR NOT BEING ABLE TO USE) THE SERVICES OR CONTENT. THIS APPLIES NO MATTER WHAT THE LEGAL BASIS IS—WARRANTY, CONTRACT, FAULT (INCLUDING CARELESSNESS), PRODUCT LIABILITY, OR ANYTHING ELSE—AND EVEN IF COMPANY KNEW IT MIGHT HAPPEN. SOME PLACES DON'T LET YOU LIMIT LIABILITY FOR THESE KINDS OF DAMAGES, SO THIS MIGHT NOT APPLY TO YOU. (b) PLAYING OUR GAMES AND USING THIRD-PARTY HARDWARE CAN CHANGE YOUR HEART RATE AND BREATHING, CAUSE MOTION SICKNESS OR DIZZINESS, OR MAKE EXISTING HEALTH PROBLEMS WORSE. YOU'RE SAYING COMPANY ISN'T LIABLE FOR RISKS THAT COME WITH PLAYING OUR GAMES, AND WE WON'T OWE YOU FOR ANY CLAIM OR REASON TIED TO THOSE RISKS. (c) COMPANY'S TOTAL LIABILITY FROM THESE TERMS OR FROM USING (OR NOT BEING ABLE TO USE) THE SERVICES OR CONTENT WON'T GO OVER WHAT YOU'VE PAID COMPANY FOR THE SERVICES OR CONTENT, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVEN'T PAID ANYTHING. (d) THESE LIABILITY LIMITS ARE CORE TO THE DEAL BETWEEN COMPANY AND YOU.

These Terms and anything related to them follow the Federal Arbitration Act, federal arbitration law, and Washington State law, without using conflict of laws rules. Except for what Section 14 "Dispute Resolution" says, any Dispute (defined below) you and Company don't have to arbitrate will go to state or federal court in Seattle, and you both agree those courts can handle it.

(a) Mandatory Arbitration of Disputes. Any dispute, claim, or disagreement about these Terms, whether they're broken, how they end, how they work, what they mean, or your use of the Services or Content (all together, "Disputes") will be settled only through binding, one-on-one arbitration, not in a class, group, or combined action. You and Company both agree the U.S. Federal Arbitration Act controls this, and you both give up the right to a jury trial or to join a class action. This arbitration part stays in place even after these Terms end. (b) Location of Arbitration. If you live in the United States, any arbitration happens where you live, nowhere else. (c) Exceptions. These Disputes can go to court instead of arbitration: (i) anything that fits in small claims court (if it does); and (ii) anything about us stealing or infringing your intellectual property. (d) Opt-out: You can get out of arbitration completely and sue if you email support@fieldgarden.site within 30 days of first agreeing to these Terms saying you want out. (e) Conducting Arbitration and Arbitration Rules. The American Arbitration Association ("AAA") will run the arbitration under its Consumer Arbitration Rules (the "AAA Rules") as they stand, unless these Terms change them. You can find the AAA Rules at www.adr.org or call 1-800-778-7879. Whoever starts arbitration sends a written Demand to AAA and tells the other side, following AAA Rules. AAA has a form Demand at www.adr.org. For claims under $25,000, you pick if arbitration is done on paperwork alone, by phone or video, or in person per AAA Rules. Claims over that amount follow AAA Rules for hearing rights. Hearings happen in your county (or parish) unless both sides agree elsewhere. The arbitrator has full say over how to read, apply, enforce, and understand this arbitration agreement. (f) Arbitration Costs. AAA Rules say who pays filing, admin, and arbitrator fees. We'll cover all those fees if your Dispute is under $25,000, unless the arbitrator thinks it's frivolous. If we win arbitration, we pay our lawyer and other costs and won't ask you for them. If you win, you get lawyer fees and costs as the law allows. (g) Class Action Waiver. YOU AND COMPANY AGREE TO BRING CLAIMS ONLY FOR YOURSELVES, NOT AS PART OF A CLASS OR GROUP SUIT. If arbitration happens, the arbitrator can't combine your claims with someone else's or run any kind of class or group case. If this part is found to not work, the whole Dispute Resolution section goes away. (h) Effect of Changes on Arbitration. Even though Section 1 "Changes to Terms or Services" says we can change Terms, if we change Section 14 "Dispute Resolution" after you first agreed, you can say no by emailing support@fieldgarden.site within 30 days of the change. The "Last Updated" date or Company's email to you will show when it took effect. By saying no, you're choosing to arbitrate under the Section 14 terms from when you first agreed. (i) Severability. Except for Section 14(g) "Class Action Waiver," if an arbitrator or court says part of these Terms doesn't work, the rest still does.

(a) Entire Agreement. These Terms and anything else mentioned in them make up the whole deal between Company and you about the Services and Content. They replace anything you and Company said or agreed before about the Services and Content. (b) Severability. Under applicable law, we'll read these Terms as broadly as possible. If any part doesn't work, the rest still does. (c) No assignment. You can't hand off these Terms to someone else. (d) Notices. Company will tell you about changes to these Terms (and anything else) by: (i) email; (ii) a message in the Game itself, or (iii) posting on our Site. (e) No Waiver. What either of us does or doesn't do won't create new rights except what's actually written here. If Company doesn't enforce something, that's not giving it up. A waiver only counts if it's in writing and signed by someone authorized to speak for Company. Using a remedy here doesn't stop us from using other ones. 16. Contact Information. Questions about these Terms or the Services? Reach out to Company at support@fieldgarden.site.