Sky Castle Studios LLC (“Sky Castle Studios”, “we”, and “us”)
You must be 13 years of age or older to use this site because of US online privacy laws concerning minors (COPPA).
Last updated: on October 26, 2020
This website contains materials and other items relating to Sky Castle Studios and its products and services (the “Content”). The Content includes, but is not limited to information, data, text, images, graphics, registered and unregistered trademarks, illustrations, videos, software, audio clips, 3D Models (as defined below), or other forms.
All Content is copyrighted and subject to other intellectual property laws and is either owned or used with permission by Sky Castle Studios. This includes but is not limited to all parts, pieces, sections, and designs of body parts, 3D Models, equipment, accessories, and items in the character creator, both in aggregate and as separate pieces. Except as set forth in this User Agreement, you may not reproduce, distribute, transmit, modify, adapt, translate, distribute, sell, license, publish, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. For the avoidance of doubt, you expressly agree that all intellectual property rights in and to any and all character or other design depictions or any 3D Models that you may create on or through the site (“Character Designs”) and all Content are the property of Sky Castle Studios and you hereby (A) irrevocably assign, transfer and convey, to the extent permitted by applicable law, all right, title and interest you may have in and to the Character Designs and the Content on a worldwide basis (including, without limitation, rights under patent, copyright, trademark, trade secret, unfair competition and related laws) to Sky Castle Studios or such other entity as Sky Castle Studios shall designate, to the extent ownership of any such rights does not automatically vest in Sky Castle Studios under applicable law, and (B) waive any moral rights therein to the fullest extent permitted under applicable law. You agree to execute any further documents and take any further actions requested by Sky Castle Studios to assist it in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of its right, title and interest in or to the Character Designs or the Content. Notwithstanding anything to the contrary contained in the foregoing, and for purposes of clarity, you will retain all ownership rights in and to the general and abstract elements of original characters that you created prior to using the Site, including their names and basic elements, which are considered User Content (as defined below), but the actual depictions of them and any 3D Models based on them that you may create on or through the Site are the property of Sky Castle Studios and considered Character Designs as set forth above.
You may download copies of the materials (image capture/screenshots) on Sky Castle Studios' website for personal, non-commercial use only. These personal, non-commercial purposes include networked and public viewing such as on social media. This is the grant of a license, not a transfer of title, and under this license you may not:
You further agree not to or permit any other person to:
This license shall automatically terminate if you violate any of these restrictions. This license may be terminated by Sky Castle Studios at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Sky Castle Studios offers or may offer for purchase downloadable 3D model files that may include Character Designs (“3D Models”). Except as expressly provided in these Terms, Sky Castle Studios retains all ownership, right, title, and interest in the 3D models. The 3D Models may be printed or otherwise used for personal, noncommercial use and may not be resold, redistributed, or made available to third parties. Physical items printed from the 3D Models may not be sold or otherwise used commercially for any purpose, including as part of a larger project.
If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).
You agree to notify Sky Castle Studios immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Sky Castle Studios or a third party due to someone else using your account.
Sky Castle has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the services.
We offer subscription plans (each, a “Subscription”) that enable our users to access new features, content, and discounted prices. Our Subscriptions are subject to the terms below.
SUBSCRIPTIONS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
A Hero Forge Pro Subscription consists of a suite of image creation tools with unlimited output, and other "power user" features, including adding folder functionality to a User's save files and other digital usability improvements. We may add or remove features from the Hero Forge Pro Subscription. If you sign up for a Hero Forge Pro Subscription, you will be immediately billed a one-time amount that is set forth when you sign up for the Hero Forge Subscription (as a non-refundable minimum purchase). Thereafter, your credit card will automatically be charged the recurring amount set forth when you sign up for your Hero Forge Subscription every 30/90/180/365 days depending on the subscription period you have chosen and your Hero Forge Pro Subscription will renew at those intervals. Unless you timely cancel prior to the renewal date, you will be charged as described above.
Customers may cancel at any time, subject to the time frames below. We do not place “holds” on Subscriptions. you must navigate to your Subscription account page [www.heroforge.com/account/subscription] and follow the instructions provided. There are no cancellation fees. Cancellations must be effected prior to the billing date of the Subscription renewal. Cancellations will have no effect on any charges incurred prior and up to the end of the current subscription billing period, but will be effective as of the conclusion of the current subscription period.
Sky Castle Studios may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. The promotion code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Furthermore, unless stated otherwise in the promotion, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Unless stated otherwise in the promotion, there is a limit of one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Sky Castle Studios at any time in its sole discretion.
We try to make the website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Moreover, we attempt to be as accurate as possible when describing our Products, however, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colors or other content available on the site are accurate, complete, reliable, current, or error-free.
Sky Castle Studios reserves the right to change the prices and available Products and Subscriptions at any time. Any Subscriptions you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. We may occasionally make errors in the stated prices on this website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
The display of Products on the website invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by charging you for the Products. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment or delivery in the event of inaccuracies, errors, Product unavailability, or for any other reason.
We have the right to refuse or limit any orders, limit quantities, and Subscriptions. We will not be liable if a Product is unavailable or if shipment or delivery is delayed. Order may only be cancelled within 24 hours of purchase. After that, the orders are non cancelable. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion. This sentence does not apply to Subscriptions, cancellation of which is subject to Section 4. We reserve the right to provide substantially similar products to fulfill your order.
Except as expressly stated otherwise herein, we do not allow returns or substitutions of Products. All sales are final.
If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please email us at support[email protected] We must receive notice of a damaged or incomplete shipment within ten (10) days of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely at our discretion.
You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:
You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the website or the services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the website or the services in breach of these Terms and Conditions; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to you directly in the case of digital delivery or to the common carrier for shipment in the case of physical Products. By purchasing Products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the website or otherwise provide to us, including, without limitation, any content you include in a profile you may create on our website, but not any Character Designs, which are owned exclusively by Sky Castle Studios as set forth in Section 2 above, are referred to as “User Content.” The following Terms apply to User Content:
By sharing, submitting or uploading any User Content, you grant Sky Castle Studios a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble, market for our own purposes, and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you may have to prevent us from exploiting the rights granted in Section 7.1.
You also grant us the right to use and display the name, photograph and any other information that you submit with any User Content for use in a public profile you may create on our website.
You acknowledge and agree that you are solely responsible for all the User Content that you make available through the website. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Sky Castle Studios the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Sky Castle Studio’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.
Sky Castle Studios respects the rights of others and we expect users of our website and services to do the same. These Terms and Conditions prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access of, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our website infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax, electronic mail or regular mail to Sky Castle Studios’ designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
Sky Castle Studios Copyright Agent
2701 Ocean Park Blvd. Suite 251, Santa Monica, CA 90406
with the information that sets forth the items specified below:
THE WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. SKY CASTLE STUDIOS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SKY CASTLE STUDIOS DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
SKY CASTLE STUDIOS DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. SKY CASTLE STUDIOS MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. SKY CASTLE STUDIOS WILL NOT BE RESPONSIBLE FOR ANY THIRD- PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. SKY CASTLE STUDIOS MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL SKY CASTLE STUDIOS, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “SKY CASTLE STUDIOS” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, SERVICES OR PRODUCTS, EVEN IF SKY CASTLE STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. SKY CASTLE STUDIOS WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.
IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT SKY CASTLE STUDIOS MAY NOT EXCLUDE UNDER APPLICABLE LAW.
Your rights are protected under the Truth- in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.
You agree to defend, indemnify and hold harmless Sky Castle Studios, its affiliates and their respective directors, managers, officers, attorneys, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms and Conditions by you or (b) arising from or related to our use of your User Content in the context of the website. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by applicable law and will survive these Terms and Conditions and your use of the Site.
The Content appearing on Sky Castle Studios’ website could include technical, typographical, or photographic errors. Sky Castle Studios does not warrant that any of the Content on its web site are accurate, complete, or current. Sky Castle Studios may make changes to the Content contained on its web site at any time without notice. Sky Castle Studios does not, however, make any commitment to update the Content.
Sky Castle Studios has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sky Castle Studios of the site. Use of any such linked web site is at the user's own risk.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and any changes are effective immediately.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
© September 2020 Sky Castle Studios, LLC. All rights reserved