Welcome to SunbreakGames.com, the official website of Sunbreak Games! We want to make your experience here as safe, enjoyable, and informative as possible. Therefore we ask that you review the following Terms & Conditions carefully. By using this web site you agree to abide by these Terms & Conditions. Subscribing users and users submitting content for publication may be required to comply with further conditions as set forth below. Please check the main page of this web site and these Terms & Conditions frequently as they may change.

Web Site Content

All web site content, including but not limited to text, code, visual or audio media, photographs and images are wholly owned by Sunbreak Games, its affiliates, and its third party licensors, and are protected by applicable U.S. and International Copyright laws. The unauthorized use of any web site content is prohibited and may subject the infringer to civil and criminal liability to the extent possible by law.

The Sunbreak Games trademarks, trade names and logos are the intellectual property of Sunbreak Games. All other trademarks, logos, or trade names used on this site are the property of their respective owners. Reproduction of any trademark, logo, or trade name on this web site without permission from the owner is prohibited to the extent possible by applicable law.

Disclaimers and Limitation of Liability

All information, content, services, and material available on this web site are provided on an “as is” basis. To the full extent applicable by law we disclaim any warranties or representations of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. We are further unable to warrant the non-infringement of intellectual property or proprietary rights.

Your use of this web site is done so at your own risk. Sunbreak Games does not guarantee that service through this web site will be timely, secure, uninterrupted, or defect-free. Information provided on this web site should not be relied upon and we do not guarantee the accuracy of any information or material found on this web site.

In no event will Sunbreak Games (including its officers, directors, employees, or agents) nor its affiliates  be liable for direct, indirect, incidental, special, exemplary, or consequential damages (including but not limited to lost profits, loss of business, procurement of substitute goods or services, loss of use or loss of data, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort arising in any way out of use of this web site.

Dispute Resolution Policy

You agree to follow this web site’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your use of this web site.

• Informal Negotiations. Parties to a dispute concerning this Agreement or the use of this web site will attempt to informally negotiate a potential settlement or resolution to the dispute;
• Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
• Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Seattle, Washington.

Miscellaneous Provisions

• Domicile of this web site. This web site is controlled, owned, and operated in the city of Seattle, King County, Washington. If you access this web site from any other location in the world you do so at your own risk and you are responsible for the compliance of your own jurisdiction’s laws and regulations.
• Jurisdiction and Choice of Law.  The validity, interpretation, and performance of these Terms & Conditions are governed and controlled by the laws and regulations of the state of Washington. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the state and federal courts of Seattle, King County, Washington.
• Severability. If any portion of these Terms & Conditions is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of these Terms & Conditions which can be given effect without the invalid portion.
• Notification of Changes to this Agreement. We may from time to time change these Terms & Conditions or our Privacy Policy. You agree that notification to you of these changes will be effective upon posting those notifications and changes on this web site. You may also elect to receive these notifications via e-mail by providing your contact information. Sunbreak Games is not liable for failure of notification in the event that the contact information provided by you is incorrect, outdated, or inactive.
• Prior Versions. These Terms & Conditions, including the web site’s Privacy Policy, constitute the full understanding of your agreement with Sunbreak Games. Any prior versions of this document have no effect on these Terms & Conditions.
• Assignment. These Terms & Conditions, including the web site’s Privacy Policy, may be assigned by Sunbreak Games to any third party at our sole discretion by acquisition of this web site or company, or by merger.