Terms of Service

The Terms of Service (“Agreement”) constitute a legally binding contract between you (“User” or “Player”) and Bonfire Gathering Co., Ltd., including its affiliates (individually and collectively, “Bonfire Gathering”). This Agreement sets forth the terms and conditions governing your use of or access to the products, content, and services provided by Bonfire Gathering and its affiliates, including, but not limited to, game software, related updates, upgrades, and features, as well as online and mobile services, platforms, websites, and live events hosted or affiliated with Bonfire Gathering (collectively referred to as the “Services”). This Agreement applies whether you access the Services as a guest or as a registered user.

PLEASE REVIEW THIS TERMS OF SERVICE AGREEMENT CAREFULLY, INCLUDING OUR PRIVACY POLICY, WITH PARTICULAR ATTENTION TO THE PROVISIONS REGARDING THE WAIVER OR LIMITATION OF BONFIRE GATHERING’S LIABILITY, RESTRICTIONS ON YOUR RIGHTS, GOVERNING LAW, AND DISPUTE RESOLUTION. SUCH PROVISIONS MAY BE EMPHASIZED THROUGH BOLD TEXT OR OTHER REASONABLE METHODS TO ENSURE NOTICE. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT THESE TERMS MAY RESULT IN CERTAIN CONSEQUENCES, INCLUDING INCONVENIENCE, PASSIVITY, OR LOSS IN SPECIFIC CIRCUMSTANCES. YOU FURTHER WAIVE ANY RIGHT TO LATER CLAIM THAT YOU DID NOT READ, UNDERSTAND, OR AGREE TO THE TERMS OF THIS AGREEMENT.

YOU HEREBY REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE (OR ANY OTHER APPLICABLE AGE OF LEGAL CAPACITY IN YOUR JURISDICTION) WHEN ACCESSING OR USING THE SERVICES PROVIDED BY BONFIRE GATHERING.

BY ACCESSING OR USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST REFRAIN FROM INSTALLING OR USING THE SERVICES.

Please be advised that the software included in the Bonfire Gathering Services may incorporate Cheat Detection software or features. “Cheat Detection” refers to functionality designed to detect or prevent the use of “Cheats,” which are defined as any programs, methods, processes, software, hardware, or other tools, in any form, that provide an unfair competitive advantage or modify the intended functionality of the Bonfire Gathering Services.

 If you do not consent to the installation of Cheat Detection software or if you disable, circumvent, or attempt to remove Cheat Detection features — whether independently or in conjunction with the Bonfire Gathering Services—the license granted to you under this Agreement will automatically terminate. In such an event, you must immediately discontinue all access to and use of the Bonfire Gathering Services.

 Please also note that the Bonfire Gathering Services, including the Cheat Detection features, may collect and transmit data related to your account, gameplay, and any unauthorized programs or processes detected. All data collection and transmission will be conducted in accordance with our Privacy Policy.

1. Account

You may access Bonfire Gathering Services as a guest. However, even as a guest, a guest account will be automatically generated for you to facilitate your use of Bonfire Gathering Services. This guest account is restricted to the specific device on which it was created and does not permit the transfer or migration of records to another device.

To access certain Bonfire Gathering Services, you are required to create or possess a Bonfire Gathering Account (“Account”). 

To establish an Account, you must register as a User and accept the Bonfire Gathering Account Terms of Service. If you do not agree to these terms, you will be unable to create an Account.

You are eligible to create an Account only if you are a natural person, have reached the age of adult in your country of residence, and are not prohibited by Bonfire Gathering from using its Services.

If you access Bonfire Gathering Services by linking a third-party account as your game account, you must comply with the terms and rules governing such third-party accounts. Bonfire Gathering is not responsible for any issues arising from third-party accounts, including but not limited to theft, suspension, or blocking of the account. You are solely responsible for resolving such matters directly with the third-party provider.

When registering as a User (“User” or “Registered User”), you must choose a unique username (referred to as a “nickname” in some cases) and password and provide any additional information required during the registration process.

By using the Services, you agree to:

– Provide accurate, current, and complete information about yourself (“Personal Data”) whenever requested or permitted during the registration process; and 

– Maintain and promptly update your Personal Data to ensure it remains accurate, current, and complete. 

You may not use a username that has already been assigned to another User. Due to potential technical delays in processing usernames across different service regions, Bonfire Gathering reserves the right to request that you change your username if it conflicts with one already assigned to another User from a different service area. This may occur when logging in with a newly registered Account.

Additionally, you must not select a username that is obscene, offensive, or otherwise inappropriate. Bonfire Gathering may, at its sole discretion, filter out certain words or phrases deemed unacceptable. However, no filtering system is entirely comprehensive, and Bonfire Gathering retains the right to terminate your Account or usership if it determines that your username or its usage violates the terms of this Agreement. In such cases, Bonfire Gathering may require you to re-register with a new username that complies with its standards.

If you remain inactive on your account for an extended period, you may be classified as a non-active user. In such cases, Bonfire Gathering will send you reminders. If no response is received within six months of these notifications, your account will be deleted in accordance with applicable data protection laws.

You agree to provide accurate and complete registration information. However, you are not required to use your real name or other personal information when creating an Account name.

You are solely responsible for maintaining the security and confidentiality of your Account, including your username, password, and other related information. You acknowledge that you are responsible for all actions conducted through your Account, regardless of whether such actions were authorized by you.

Your Account is unique and critical to your access to the Services. You agree not to transfer, sell, or share your Account information with third parties, nor to use the Accounts of other users. If you attempt to sell or transfer your Account or related information, Bonfire Gathering reserves the right to take immediate actions, including but not limited to terminating your Account without any refund.

You are responsible for safeguarding your Account. Bonfire Gathering is not liable for any unauthorized access or use of your Account by third parties, and you waive any claim for compensation arising from such incidents. In the event of theft, unauthorized use, or any other security breach related to your Account, you must promptly notify Bonfire Gathering.

Bonfire Gathering reserves the right to terminate your Account or usership at any time, without prior notice, if there is reason to believe that you have violated any terms of this Agreement. If terminated, you may not re-register as a User without Bonfire Gathering’s express permission. If you wish to terminate your Account or usership, you may contact Bonfire Gathering’s support service. Bonfire Gathering will process your termination request as soon as reasonably practical.

2. License

Using Bonfire Gathering Services may require you to download and install the corresponding software. You may obtain this software directly from Bonfire Gathering’s official website or from third parties explicitly authorized by Bonfire Gathering. If you acquire Bonfire Gathering Games or similarly named software from any unauthorized third party, you are not considered to have received authorization from Bonfire Gathering. In such cases, Bonfire Gathering cannot guarantee proper functionality and will not be liable for any losses incurred.

Bonfire Gathering may develop various software versions for different devices or operating systems, including but not limited to iOS and Android. You are responsible for downloading the version appropriate for your device. Upon downloading the installation program, you must follow the provided instructions to ensure proper installation.

The Bonfire Gathering Services are licensed to you and not sold. Bonfire Gathering grants you a personal, limited, non-transferable, revocable, and non-exclusive license to use the Bonfire Gathering Services for non-commercial purposes, provided that you comply with this Agreement.

You are prohibited from accessing, copying, modifying, or distributing any Bonfire Gathering Services, Content, or Entitlements unless explicitly authorized by Bonfire Gathering or permitted by law. Additionally, you may not reverse engineer, extract, or otherwise use the source code or underlying data of Bonfire Gathering Services unless expressly permitted by Bonfire Gathering or applicable law. Bonfire Gathering and its licensors retain all other rights, including ownership, title, and intellectual property rights associated with the Bonfire Gathering Services.

3. Game Service

Bonfire Gathering does not guarantee the availability of any Bonfire Gathering Service, Content, or Entitlement at all times, in all locations, or at any specific time. Furthermore, Bonfire Gathering does not guarantee that any particular Service, Content, or Entitlement will remain available for a specific duration. Bonfire Gathering Services may not be accessible on all devices, through specific internet or connection providers, or in all geographic locations.

Bonfire Gathering reserves the right to update or modify any Service, Content, or Entitlement at its discretion. You may lose access to certain Content or Entitlements without prior notice if Bonfire Gathering determines that such removal is necessary due to legal, contractual, or licensing obligations, technical constraints, or to protect its reputation. Updates or modifications may be required to continue using Bonfire Gathering Services.

To maintain balance in gameplay or service functionality, Bonfire Gathering may update or reset certain parameters, which may result in setbacks to your in-game progress, characters, groups, or other Entitlements under your control.

Bonfire Gathering may take actions on your Account or Entitlements without prior notice to protect you or the platform. Such actions may include, but are not limited to, preventing unauthorized access, resetting passwords, suspending account access, deleting data, or removing accounts from Bonfire Gathering Services. Your access to Bonfire Gathering Services may also be affected if there is a suspected or actual violation of the Rules of Conduct, as further detailed in Section 4 of this Agreement.

4. Rules of Conduct

You acknowledge and confirm that you shall not, directly or indirectly, engage in or attempt to engage in any of the following actions with respect to any or all Bonfire Gathering Services:

4.1 Post, upload, transmit, or otherwise disseminate any information that is obscene, indecent, vulgar, pornographic, sexual, or otherwise offensive or objectionable; 

4.2 Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, or abuse any individual in a manner that is hateful, racial, ethnic, or otherwise objectionable to a segment of the public;

4.3 Infringe upon the contractual rights, personal and property rights, intellectual property rights, and other rights and interests (including privacy, publicity, or trade secrets) of Bonfire Gathering or any third parties; 

4.4 Develop, use, or distribute any software, scripts, plug-ins, programs, or applications that may confer an unfair competitive advantage;

4.5 Exploit, distribute, or publicly disclose any errors, bugs, or misfunctions within the game, regardless of whether such disclosure is intended to confer an advantage;

4.6 Sell, lease, rent, license, sublicense, or otherwise utilize any portion of the Bonfire Gathering Services and associated content, information, or elements for commercial purposes;

4.7 Copy, reproduce, adapt, reverse engineer, decompile, disassemble, or otherwise create derivative works based on any Bonfire Gathering Services; 

4.8 Use illegal or inappropriate methods that may disrupt the operation of or exploit any Bonfire Gathering Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, or uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files, or other unauthorized programs; 

4.9 Use, export, re-export, or otherwise act in violation of any applicable laws or local regulations; and/or 

4.10 Allow or assist any third parties in engaging in any of the aforementioned actions. 

You further confirm that you will respect local customs and practices, and your use of the Bonfire Gathering Services shall comply with all applicable laws and local regulations. You shall immediately cease using or accessing the Bonfire Gathering Services if local laws or regulations require such cessation.

Except as explicitly authorized under this Agreement, you are prohibited from copying the Bonfire Gathering Services, in whole or in part, or any accompanying materials. Given that the Bonfire Gathering Services contain proprietary information, you agree to: (a) Maintain the strictest confidentiality regarding all code and technical elements of the Bonfire Gathering Services; (b) Not copy, reproduce, distribute, manufacture, disclose, report, publish, or otherwise transfer any of our non-public information; and (c) Utilize the Bonfire Gathering Services solely for your individual enjoyment and non-commercial purposes, in compliance with all applicable laws.

Except as expressly authorized herein, any use of the Bonfire Gathering Services, in whole or in part, without prior written consent is strictly prohibited, and the license granted herein will be terminated. Bonfire Gathering expressly reserves the right to deny any individual access to the Bonfire Gathering Services at any time and for any reason without prior notice. You further agree that Bonfire Gathering, without incurring any liability, may suspend or terminate the provision of any Bonfire Gathering Services or modify the content provided at any time and for any reason without prior notice.

While Bonfire Gathering reserves the right, but is not obligated, to become involved in disputes between users, you are solely responsible for any interactions with other users. By utilizing the Bonfire Gathering Services, you acknowledge and accept that there may be language or material accessible on or through the Bonfire Gathering Services that could be deemed inappropriate, particularly for children, or otherwise offensive to users of any age, race, religion, or gender. Under no circumstances shall Bonfire Gathering be held liable for any inappropriate behavior or language exhibited by users. Bonfire Gathering reserves the right to suspend or terminate your access to the Bonfire Gathering Services and/or take other actions as deemed necessary.

Additionally, you agree that Bonfire Gathering shall not be liable for the conduct of any other users or third parties, including but not limited to any third-party websites or services linked to or from the Bonfire Gathering Services.

5. Protection of Personal Data

All information collected from you is subject to applicable laws, and Bonfire Gathering will make best efforts to protect the information you provide. Please note that this Agreement may be updated periodically, and your continued use of the Bonfire Gathering Services shall constitute your acceptance of any updated Agreement. For more information regarding the processing of your Personal Data and your applicable data protection rights, please refer to our Privacy Policy.

6. Minors

6.1 You acknowledge that the statement below may be modified at any time in the event that the protection of minors policy in your country or region is amended. 

6.2 You represent that you are an adult in your country of residence (or at the applicable age in your jurisdiction where you are considered a majority) when utilizing the Bonfire Gathering Services. 

6.3 WE ARE UNABLE TO IDENTIFY MINORS IN ANY COUNTRY OR REGION. THEREFORE, WE DISCLAIM ANY AND ALL LIABILITY FOR THE USE OF BONFIRE GATHERING SERVICES BY A MINOR IN ANY COUNTRY OR REGION. 

7. In-Game Currency and Goods

The Bonfire Gathering Services may provide you with the opportunity to purchase virtual in-game currency (“Virtual Currency”) with real money. Additionally, the Bonfire Gathering Services may allow for the purchase of virtual in-game digital items (“Virtual Goods”) using real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods are never redeemable for real money or any item of monetary value. You understand that both Virtual Currency and Virtual Goods are licensed to you under this Agreement, not sold, and Bonfire Gathering retains all rights, title, and interest in and to the Virtual Goods and Virtual Currency.

Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, unless otherwise permitted by the laws of your jurisdiction. Outside of the Bonfire Gathering Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent, or otherwise utilize Virtual Currency or Virtual Goods, which constitutes a violation of this Agreement and may result in the termination of your Account, along with Bonfire Gathering’s rights to seek compensation.

Bonfire Gathering reserves the right to modify, manage, control, or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. You acknowledge and agree that Bonfire Gathering may take actions that may affect the perceived value or purchase price of Virtual Currency or Virtual Goods at any time, except as required by applicable law.

By providing payment information to Bonfire Gathering or its authorized processor, you represent that you are an authorized user of the payment method specified and authorize Bonfire Gathering to charge that payment method for the total amount of the purchase transaction.

You agree and acknowledge that due to the unique nature of online game services, there is no physical goods transaction, and your purchasing experience is derived from the online game services provided by the game manufacturer.

8. Refunds Policy

Subject to applicable law, (i) all Games, Virtual Goods, and Game Currency remain the property of Bonfire Gathering, hold no monetary value, and are not redeemable, refundable, or eligible for any alternative remedy for any “real-world” currency or anything of monetary value, unless they are defective, unavailable, or fail to perform in accordance with the specifications provided by us; (ii) we reserve the right to revoke your license to such Games, Virtual Goods, and/or Game Currency at any time, in accordance with this Agreement, without prior notice or liability to you; and (iii) except where your jurisdiction provides a non-waivable right of withdrawal, by purchasing and using any Games, Virtual Goods, and/or Game Currency, you waive your right to withdraw from the agreement to purchase the relevant Game, Virtual Good, and/or Game Currency, and you acknowledge that you will not be entitled to a refund (or any alternative remedy) in relation to such Game, Virtual Good, and/or Game Currency. Furthermore, you agree that any right of withdrawal expires immediately upon purchase and delivery of your Game, Virtual Good, and/or Game Currency, unless otherwise provided by law in your jurisdiction.

9. UGC

For any content that you produce, create, upload, or publish while utilizing the products and services provided by Bonfire Gathering (hereinafter referred to as “UGC Content,” which includes, but is not limited to, text, images, audio, video, graphics, page design, software programs, or code), you must ensure compliance with Bonfire Gathering’s relevant guidelines for publishing UGC Content (hereinafter referred to as the “UGC Content Rules”):

9.1 If UGC Content incorporates materials for which Bonfire Gathering holds intellectual property rights or other legitimate rights and interests, your use of such UGC Content for commercial purposes is contingent upon obtaining prior written authorization and consent from Bonfire Gathering, in accordance with the applicable UGC Platform Rules.

9.2 By submitting UGC Content, you grant Bonfire Gathering a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use the UGC Content. This usage encompasses, but is not limited to, copying, distributing, leasing, displaying, performing, broadcasting, modifying, adapting, disseminating through information networks, and other uses, both commercial and non-commercial, within and outside the games and services. You acknowledge and warrant that such usage by Bonfire Gathering, as per this Agreement, will not infringe upon the intellectual property rights or other legitimate rights and interests of any third party.

9.3 You are permitted to display UGC Content solely on platforms authorized by Bonfire Gathering or utilize it in manners approved by Bonfire Gathering. Without obtaining permission from Bonfire Gathering, you shall not distribute it on unauthorized platforms or utilize it for compilation, publication, derivation, adaptation, or any other commercial use, nor shall you authorize any third party to do so.

9.4 You irrevocably grant Bonfire Gathering and its affiliates the right to defend against any third-party infringement of the legitimate rights and interests of the UGC Content, either in their own name or by appointing a professional third party. The forms of defense may include, but are not limited to, monitoring infringements, issuing rights protection notices, initiating lawsuits or arbitration, mediation, and reconciliation. Bonfire Gathering reserves the right to make decisions regarding and independently execute legal rights protection.

9.5 You retain moral rights in the UGC Content (such as rights related to publication, authorship, modification, and integrity of the work) as prescribed by law. You acknowledge and agree that Bonfire Gathering may determine whether to attribute authorship and the manner of such attribution based on the specific usage scenario of the UGC Content, and you will not assert these rights against Bonfire Gathering for its utilization of the UGC Content as outlined herein.

9.6 You warrant that the UGC Content you produce, create, upload, or publish while utilizing the services provided by Bonfire Gathering is either your original creation or is legally and effectively licensed, ensuring that you or your licensors hold the intellectual property rights to such content and that you have the right to license the UGC Content to Bonfire Gathering and its affiliates. You confirm that your production, creation, uploading, or publication of UGC Content, as well as Bonfire Gathering’s use thereof, will not infringe upon the intellectual property rights or any other legal rights and interests of others (including but not limited to portrait rights and privacy rights), nor will it violate any applicable laws, regulations, administrative rules, or other prohibitions, regional values and customs, or public order.

10. Intellectual Property Rights

10.1 Bonfire Gathering shall retain exclusive ownership of all rights, titles, and interests (including, but not limited to, ownership, intellectual property rights, neighboring rights, and other associated rights and interests) in and to the Bonfire Gathering Services as stipulated in this Agreement. You acknowledge that your utilization of the Bonfire Gathering Services does not grant you any rights or interests in any aspect or feature of the services, including but not limited to any in-game rewards, achievements, characters, Virtual Currency, levels, or other content. Furthermore, you recognize that any character data, game progress, game customization, and/or other data related to your use of the Bonfire Gathering Services may become inaccessible to you at any time, at the sole discretion of Bonfire Gathering, without prior notice.

10.2 All or any part of the Bonfire Gathering Services (including trade secrets, database rights, copyright, patent, trademark, and other intellectual property rights and interests) is protected by applicable laws, including but not limited to copyright laws and international treaties. Specifically, any materials associated with the Bonfire Gathering Services (including, but not limited to, content, websites, games, programs, tools, source codes, object codes, HTML, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, designs, accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, symbols, text, data, sounds, photographs, audio clips, audiovisual material, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained within the Bonfire Gathering Services) are safeguarded against unauthorized use by applicable laws.

10.3 You agree that none of the Bonfire Gathering Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold, in whole or in part, or otherwise exploited without the express prior written consent of Bonfire Gathering. Any use of our copyrighted materials, including but not limited to the creation of derivative works, requires the express prior written permission of Bonfire Gathering. Unauthorized reproduction or redistribution of the Bonfire Gathering Services is strictly prohibited and may lead to significant legal consequences.

10.4 Bonfire Gathering retains exclusive ownership of all rights, titles, and interests (including intellectual property rights, neighboring rights, and other associated rights and interests) in and to the Bonfire Gathering Services. You acknowledge and agree that you possess no rights or interests as a result of using the Bonfire Gathering Services, except for those explicitly granted to you under this Agreement.

11. Indemnification

You agree to defend, indemnify, and hold harmless Bonfire Gathering and/or its affiliates, employees, officers, managers, directors, and agents from and against any and all claims, liabilities, losses, injuries, damages, costs, or expenses (including, but not limited to, attorney fees and other related expenses) that arise from or are related to:

11.1 Your access to or use of the Bonfire Gathering Services;

11.2 Your breach or alleged breach of any terms, conditions, obligations, representations, or warranties set forth in this Agreement; 

11.3 Any materials, User Contributions, User Content, or other information provided by you or on your behalf; 

11.4 Your violation of any applicable laws or the rights and interests of third parties; and/or 

11.5 Your engagement in any illegal or inappropriate conduct. 

12. Injunctive Relief

Without prejudice to any other rights or remedies available to Bonfire Gathering, you acknowledge and agree that, in the event of any threat of or actual breach of this Agreement, Bonfire Gathering shall be entitled to seek an injunction or other equitable remedy without the necessity of proving special damages, in addition to any damages or other remedies to which it may be entitled under applicable law. You agree that, to the extent permitted by applicable law, you waive your right to claim injunctive or other equitable relief and further agree to claim only monetary damages from Bonfire Gathering, except where such waiver is prohibited by mandatory applicable law in your jurisdiction.

13. Limitation of Liability

13.1 You acknowledge and agree that your use of the Bonfire Gathering Services is undertaken at your own risk. Bonfire Gathering provides the Bonfire Gathering Game(s) and/or Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, Bonfire Gathering and its affiliates, employees, officers, managers, directors, and agents expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of in the aspect of tort, contract or otherwise, and regardless of whether Bonfire Gathering has been advised of the possibility of such liabilities.

13.2 Bonfire Gathering expressly disclaims all warranties, conditions, common law duties, and representations, whether express, implied, oral, or written, except to the extent prohibited by applicable law. Bonfire Gathering makes no representations regarding the accuracy or completeness of the Bonfire Gathering Services. 

Bonfire Gathering assumes no liability or responsibility for: (i) any errors, omissions, or inaccuracies in the Bonfire Gathering Services; (ii) personal injury, property damage, lost profits, loss of data, or any indirect, special, incidental, exemplary, consequential, or punitive damages arising from your use of the Bonfire Gathering Services, except where such liability cannot be excluded under applicable law; (iii) any interruption, suspension, or termination of the Bonfire Gathering Services; (iv) any bugs, viruses, or similar items transmitted by third parties through the Bonfire Gathering Services; (v) any programs intended to damage, interfere with, surreptitiously intercept, or expropriate any personal information of yours; and/or (vi) any damages arising from or related to unforeseen circumstances or events beyond our reasonable control.

13.3 Under no circumstances shall Bonfire Gathering be liable to you or any third parties for any indirect, incidental, punitive, special, exemplary, or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), regardless of how such damages arise, whether due to breach of contract or tort, even if Bonfire Gathering has been advised of the possibility of such damages.

13.4 Bonfire Gathering does not exercise control over third-party websites that you may access, including those linked to our websites. Consequently, Bonfire Gathering disclaims any responsibility for the content or functionality of any such third-party websites and assumes no liability for any aspects of those sites, whether accessed directly by you or through our websites or software. The service terms and privacy policies applicable to those third-party websites will govern your use of such sites.

13.5 The maximum aggregate liability of Bonfire Gathering and its members, officers, employees, directors, consultants, and affiliates shall not exceed your direct damages, if any, up to the total fees paid by you to us during the three (3) months preceding your claim against Bonfire Gathering. These limitations and exclusions concerning damages shall apply even if any remedy provided by us fails to deliver adequate compensation.

14. Limitation on Claims

To the fullest extent permitted by applicable law, any claim arising from or relating to this Agreement and/or the Bonfire Gathering Services must be initiated within one year from the date you first become aware of the claim or from the date the cause of action arises, whichever occurs first. Failure to file such a claim within this timeframe will result in the claim being permanently barred.

15. Modification

Bonfire Gathering reserves the right to amend, modify, or revise this Agreement at any time and in any manner without prior notice. You agree to periodically review the Agreement for updates and terms that govern your use of the Bonfire Gathering Services, and you consent to be bound by all amendments, modifications, and revisions. Your continued access to the Bonfire Gathering Services will signify your acceptance of the updated Agreement and any related policies. If you do not agree to any part of the current version of the agreements or policies concerning your use of the Bonfire Gathering Services, your license under this Agreement will terminate immediately, and you must cease all access to the Bonfire Gathering Services.

16. Non-waiver

The failure or delay of Bonfire Gathering to exercise any right, power, or privilege under this Agreement shall not be construed as a waiver of such right, power, or privilege. Additionally, any single or partial exercise of any right, power, or privilege shall not preclude the further exercise of that or any other right, power, or privilege.

17. Notice

To the fullest extent permitted by applicable law, Bonfire Gathering may provide notices (including, but not limited to, various rules, notifications, prompts, or other information related to the use of the Bonfire Gathering Services) to users through one or more of the following methods: notice or announcements within the Bonfire Gathering Game(s), page announcements on Bonfire Gathering’s websites, games, official channels, website tips, mobile messages, email, or other contact information you have provided to Bonfire Gathering.

Upon dispatch of any notice via the aforementioned methods, such notice shall be considered duly served to you and shall have binding effect. If you do not agree with the contents of such notice, you must inform Bonfire Gathering in writing within 15 days of receipt. Failing to do so will be deemed as acceptance and agreement to the terms of the notice.

18. Termination

18.1 Without prejudice to any other rights of Bonfire Gathering, this Agreement shall terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referenced herein. You may also terminate this Agreement by uninstalling the Bonfire Gathering Game(s) from all devices on which they are installed and immediately ceasing all use of the Bonfire Gathering Services. Upon termination, you shall no longer exercise any rights granted to you under this Agreement and must destroy all copies of the Bonfire Gathering Game(s) in your possession.

18.2 Bonfire Gathering reserves the right to terminate all or part of its gaming services at its discretion. Notice will be provided in accordance with the laws of the relevant jurisdictions. Regardless of the reason for service termination, users are responsible for taking appropriate actions, which may include discontinuing the use of their accounts and addressing matters related to in-game virtual items. Except for compensation concerning in-game virtual currencies that have been purchased but not yet utilized, users shall not be entitled to request any other form of compensation or indemnification from Bonfire Gathering for service termination, including claims related to their inability to continue using their accounts or in-game virtual items.

18.3 Notwithstanding the termination or expiration of this Agreement, your obligations accrued prior to such termination or expiration shall remain in effect. Additionally, all rights and interests of Bonfire Gathering and any authorization granted to Bonfire Gathering shall continue to survive the termination of this Agreement.

19. Severability

If any provision of this Agreement is deemed void, illegal, invalid, or unenforceable for any reason, such provision shall be deemed divisible and shall be removed from this Agreement, and the remainder of this Agreement shall continue in full force and effect.

20. Dispute Resolution and Governing Law

20.1 The formation, validity, performance, interpretation, and resolution of disputes under this Agreement shall be governed by the laws of Thailand (excluding conflict of law rules).

20.2 Any dispute, controversy, difference, or claim arising from or relating to this Agreement, including its existence, validity, interpretation, performance, breach, termination, or any non-contractual obligations related thereto, shall be submitted to and finally resolved by arbitration administered by the Arbitration Institute of the Thai Chamber of Commerce in accordance with its rules in effect at the time the Notice of Arbitration is filed.  
The governing law of this arbitration clause shall be the law of Thailand. 
The arbitration seat shall be in Thailand, and the proceedings shall be conducted in English, with three arbitrators. 

20.3 If you encounter any issues during the account cancellation process that you cannot resolve or have any questions during the process, you may contact customer service for assistance.

20.4 SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER THROUGH ARBITRATION OR IN COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION.

21. No Assignment

You may not assign, transfer, charge, or subcontract any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of Bonfire Gathering. If you do so without such consent, Bonfire Gathering may, at its sole discretion, terminate the provision of any services to you without prior notice. If the restrictions on transfer are not enforceable under the laws of your country of residence, this Agreement shall remain binding on you and any of your assignees or successors. Notwithstanding the foregoing, Bonfire Gathering shall have the right to assign, transfer, charge, or subcontract any of its rights or obligations under this Agreement at any time.

22. General

22.1 This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior written or oral agreements (if any) between you and Bonfire Gathering. 

22.2 References to “include,” “includes,” and “including” shall be interpreted as “including without limitation,” “includes without limitation,” and “including without limitation,” respectively.

22.3 For the purposes of this Agreement, “Affiliate” shall refer to any entity that directly or indirectly controls, is controlled by, or is under common control with Bonfire Gathering. 

22.4 Bonfire Gathering may translate this Agreement into other languages. In the event of any discrepancies between the English version and any other language versions, the English version shall prevail, subject to applicable laws and regulations. 

22.5 In addition to any other limitations specified herein, Bonfire Gathering shall not be liable for any delay or failure to perform its obligations resulting from causes beyond its reasonable control, including acts of governmental authorities, acts of God, or other events outside its reasonable control. 

22.6 You acknowledge that Bonfire Gathering expressly reserves the right to suspend or deny access to the Bonfire Gathering Game(s) and/or the Bonfire Gathering Services, to cease providing any services, and/or to modify or add to any part of the Bonfire Gathering Services at any time, for any reason, without prior notice and without compensation. 

22.7 You represent that you are entering into this Agreement voluntarily and that you do not expect any compensation beyond what is expressly granted under this Agreement. 

23. Contact Information

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us at info@bonfiregathering.com