of service (the "Terms") govern your access to and use of the Hero Lab, Realm Works, Lone
Wolf Development, and LWD Technology ("LWD", "we" or "our")
websites and services (the "Services"), so please carefully read them before
using the Services.
By using the Services, you agree to be bound
by these Terms. 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.
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. 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 discretion.
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 redundantly 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 provide storage space.
With the exception of those rare exceptions identified
share your content with anyone other than those you designate.
You are solely responsible for your conduct, the content
of your files and folders, 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
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.
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 13 years of age. By agreeing to these Terms, you are representing
to us that you are 13 or older.
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
Use of our Service requires 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
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 to
You agree to use the Services only in a manner consistent
with the LWD Acceptable Use Policy. Accordingly, you agree not to use, or attempt to use the Services to:
probe, scan, or test the vulnerability of any system or network; breach or otherwise circumvent any security
or authentication measures; access, tamper with, or use non-public areas of the Services or areas of the
Services you have not been invited to, including other members' shared areas; interfere with or disrupt
any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing
any part of the Services; plant malware or otherwise use the Services to distribute malware; access or
search the Services by any means other than our publicly supported interfaces; send unsolicited communications,
promotions or advertisements, or spam to any person; send altered, deceptive or false source-identifying
information, including "spoofing" or "phishing"; publish anything that is fraudulent,
misleading, or infringes another's rights; promote or advertise products or services other than your own
without appropriate authorization; impersonate or misrepresent your affiliation with any person or entity;
publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious,
racial or ethnic hatred (other than against fictitious persons or entities as part of a game); violate the
law in any way, or to violate the privacy of others, or defame others.
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.
Notice of Alleged Infringement ("Notice") must contain the following information:
1. Identify the copyrighted work or
works that you claim has been infringed.
2. 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.
3. Provide your contact information,
including, if applicable, your company affiliation, mailing address, telephone
number, and email address.
4. Include both of the following
statements in the body of the Notice:
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)."
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
5. Provide your full legal name and your
electronic or physical signature.
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.
c/o Lemery Greisler LLP
60 Railroad Place
Saratoga Springs, NY 12866
You may terminate our Services at any time.
We reserve the right to suspend or end the Services at any time, with or without cause, and with
or without notice.
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
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
revise these Terms 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, http://www.wolflair.com/, or the Services terms page,
so please check those pages regularly. By continuing to
access or use the Services after revisions become effective, you agree to be
bound by the revised Terms. If you do not agree to the new terms, please stop
using the Services.
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
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.