Terms of Service

Updated 12.03.2023 with a chapter about smart contracts

Created 31.01.2021

These are Pale Giant’s ehf. (“Pale Giant”) Terms of Service (“Terms”).

You may be reading these Terms on our website located at www.palegiant.com (the “Site”) or on our mobile device applications (“App(s)”). These Terms and our Privacy Policy) (“Privacy Policy”) govern your use of our Site and our gaming and related services accessible via our Site and our App. The Site, our services and Apps are collectively called the “Services.”

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms along with Pale Giant’s Privacy Policy. If you don’t agree to be bound by these Terms, you may not access or use the Services.

‍2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

‍3. Changes to Terms or Services. We may update the Terms or the Services at any time, at our sole discretion. Updated Terms will be posted on the Site, in our App, or through other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. We may change or stop offering all or any part of the Services, at any time and without notice, at our sole discretion.‍

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4. The Services

(a) The Services are available only to, and may be used by, individuals who can form legally binding contracts under applicable law. By using the Services, you represent that you are 13 years old or older. If you are between the ages of 13 and 17, or a minor according to laws applicable to you, you represent and warrant that you (or your parent or legal guardian, as required by applicable law if you are unable to form a binding contract) have reviewed and agreed to these Terms and has given you permission to access and use the Service. Parents and guardians are responsible for the acts of their children when using our Services.

(b) If you want to use certain features of the Services you’ll have to create an account (“Account”) with certain third-party social networking services such as Google (each, an “SNS Account”). To create your Account we will extract certain personal information from your SNS Account, such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.‍

(c) You agree to provide us with accurate, complete and up-to-date information for your Account and to update such information. Otherwise, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.‍

‍5. Feedback. You can submit feedback, comments and suggestions for improvements to the Services (“Feedback”) by reaching out to us on social media. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. ‍

‍6. Payments. For use of certain portions of our Services (for example, Virtual Goods and Game Currency) we may require payment of a fee (each, a “Transaction”). You authorize us (or our third-party payment processor) to charge you when you make such a Transaction. You may be asked to provide additional information relevant to your Transaction. This may include your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (information you provide for identity verification is also considered Payment Information). ‍‍

‍7. Virtual Goods and Game Currency

(a) We may offer certain upgrades and options within our games. Such games are available as an App or on our Site, each a “Game”, that you can purchase with real world currency, such as, without limitation, in-game currency (“Game Currency”), character skins, experience boosts, gear for your in-Game characters, and other such digital add-on items that may improve your experience in some way (“Virtual Goods”). Some Games may allow you to transfer Game Currency and Virtual Goods from one Game to another. Unless the Game’s functionality allows you to do so, Game Currency and Virtual Goods are non-transferable. Certain Virtual Goods and Game Currency may be obtained without purchase, such as through an event (whether that event is in-person or in-Game) or as an in-Game award. There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. These additional restrictions may be communicated to you via the functionality of the Services.‍

(b) Virtual Goods and Game Currency are digital items and subject to your compliance with these Terms and the App Store Agreement(s). Pale Giant grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether via a Transaction or otherwise obtained, solely in connection with your use of the Game in question and within the applicable Games and for no other purpose. Subject to applicable law, all Virtual Goods and Game Currency remain Pale Giant’s¨ property, have no monetary value and are not redeemable or refundable for any “real world” money or anything of monetary value. We may revoke your license to such Virtual Goods and/or Game Currency at any time consistent with these Terms with no liability to you. ‍

(c) We may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, at our sole discretion, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you.‍

8. Content Ownership, Responsibility and Removal.

(a) For purposes of these Terms:

(i) “Content” means text, images, graphics,, software, audio, video, music, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and

(ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services, excluding personal data about you and provided by you which is instead addressed in our Privacy Policy.

(b) We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the previous sentence, Pale Giant and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Republic of Iceland and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

(c) By making any User Content available through the Services you hereby grant to Pale Giant a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

(d) You agree that you are solely responsible for all your User Content and of any consequences thereof. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. Furthermore, you also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Pale Giant on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(e) You can delete your User Content. However, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. Pale Giant is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(f) Subject to your compliance with these Terms, and except with respect to Virtual Goods and Game Currency (which are subject to a separate license granted to you in Section 7 above), Pale Giant grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

9. Rights and Terms for Apps.

(a) Subject to your compliance with these Terms, Pale Giant grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App(s) on a mobile device or computer that you own or control and to run such copy of the App(s) solely for your own personal non-commercial purposes. You may not copy the App(s), except in downloading them to and using them on your mobile device. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App(s); (ii) distribute, transfer, sublicense, lease, lend or rent the App(s) to any third party; (iii) reverse engineer, decompile or disassemble the App(s); (iv) run the App(s) on an emulator; or (v) make the functionality of the App(s) available to other people through any means. Pale Giant reserves all rights in and to the App(s) not expressly granted to you under these Terms.

(b) The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App(s) may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

These Terms are between you and Pale Giant, and not with the App Provider, and Pale Giant (not the App Provider), is solely responsible for the App(s).
The App Provider has no obligation to provide any maintenance and support services with respect to the App(s).
The App Provider’s sole obligation with respect to warranties is to refund you the purchase price of the App if you notify the App Provider that the App fails to conform to any applicable warranty. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pale Giant.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App(s) or your possession and use of the App(s), including, but not limited to: (i) product liability claims; (ii) any claim that the App(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the App(s) or your possession and use of that App infringes that third party’s intellectual property rights, Pale Giant will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App(s), and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App(s) against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third party terms of service when using the App(s).‍

10. Rights and terms for NFTs and smart contracts on blockchains.

The smart contracts and NFTs provided by Pale Giant are offered to you on an "as-is" and "as-available" basis. We do not make any warranties or representations of any kind, whether express or implied, including but not limited to the accuracy, completeness, reliability or suitability of the smart contracts or NFTs.

Pale Giant shall not be held liable for any damages arising from the use or inability to use the smart contracts or NFTs, including but not limited to direct, indirect, incidental, punitive, or consequential damages.

By using our smart contracts and NFTs, you acknowledge and agree that they assume full responsibility and liability for your use of such products, and that we shall have no liability or obligation with respect to any claim, demand or damage arising from such use.

You also acknowledge and agree that Pale Giant shall not be responsible for any errors, omissions or inaccuracies in the smart contracts and NFTs, or for any maintenance, repair or support services related to such products.

We encourage you to review the code for our smart contracts. You can find it on the Polygon blockchain:

Our NFT token contract: https://polygonscan.com/address/0x03AC9Ea1Fb898D0F4D4710DFC54F9Ac5E96d94fC#code

Our NFT trading contract: https://polygonscan.com/address/0x82E5a631b604682333FC59Af594CaEa20Bd4461e#code

11. General Prohibitions and Pale Giant’s Enforcement Rights.

You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:

collect, store or share any personally identifiable information of other users from the Services without their express permission;
extract, scrape, or index the Services or Content (including information about users or gameplay);
use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;
attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Pale Giant or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Pale Giant or any of Pale Giant’s providers or any other third party (including another user) to protect the Services or Content;
use, display, mirror, or frame the Services or any individual element within the Services, Pale Giant’s name, any Pale Giant trademark, logo, or other proprietary information, or the layout and design of any page or App without Pale Giant’s express written consent;
post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
access, tamper with, or use nonpublic areas of the Services, Pale Giant’s computer systems, or the technical delivery systems of Pale Giant’s providers;
attempt to probe, scan, or test the vulnerability of any Pale Giant system or network or Service, or breach any security or authentication measures;
use any meta tags or other hidden text or metadata utilizing a Pale Giant trademark, logo, URL, or product name without Pale Giant’s express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
play multiple characters simultaneously in one of our games (multiboxing).
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.

We reserve the right, but are not obligated, to monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services. This may be necessary to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We also reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content (including User Content) to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. Also, we may consult and cooperate with law enforcement authorities to prosecute users who violate the law.‍

12. Copyright Policy. Pale Giant respects copyright law and expects its users to do the same. It is Pale Giant’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.‍

13. Links to Third Party Websites/Resources. The Services (including the Apps) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

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14. User Safety. The Services (including the Apps) may contain tools and resources that are designed to help promote a safe environment.

Users may be able to report via the functionality of the Services other users for behavior that offends others, such as bullying and harassment. We reserve the right to investigate and/or suspend the Accounts of users reported for or that we otherwise suspect of engaging in such behaviors.

15. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your Account at any time via the functionality of the Services. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 8(a), 8(b), 8(c), 15, 17, 18 and 19.

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16. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

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17. Indemnity. You will indemnify and hold harmless Pale Giant and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services and interaction with other users of the Services, (ii) your User Content, or (iii) your violation of these Terms.

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18. Limitation of Liability.

(a) NEITHER PALE GIANT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PALE GIANT OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b) IN NO EVENT WILL PALE GIANT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PALE GIANT FOR USE OF THE SERVICES OR CONTENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PALE GIANT DURING SUCH TIME PERIOD, YOU SOLE REMEDY (AND PALE GIANT’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PALE GIANT IS TO STOP USING OUR SERVICE AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT THAT PALE GIANT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMITS ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF PALE GIANT’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PALE GIANT AND YOU.

‍OVERNING LAW AND EXCLUSIVE FORUM

19. Governing Law and Forum Choice.

(a) These Terms and any action related thereto shall be governed and construed by and in accordance with the laws of the Republic of Iceland. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

(b) The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the Terms, or otherwise relating to any rights in, access to or use the (software, system, game, game content, user content and/or the rights and obligations of the parties hereto), shall be the District Court of Reykjavík, Iceland (Héraðsdómur Reykjavíkur). You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the District Court of Reykjavík, Iceland.

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20. General Terms.

(a) These Terms are the entire and exclusive understanding and agreement between Pale Giant and you regarding the Services and Content. These Terms supersede and replace any and all prior oral or written understandings or agreements between Pale Giant and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Pale Giant’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Pale Giant may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(b) Any notices or other communications provided by Pale Giant under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of sending will be deemed the date on which such notice is transmitted.

(c) Pale Giant’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pale Giant. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21. Contact Information. If you have any questions about these Terms or the Services, please contact the support team of the applicable service or email palegiant at palegiant dot com.