Rise of Agon Legal Info

Read the Rise of Agon legal documentation below including our terms of service, privacy policy, and EULA. Have any questions? Contact our support team.

Game Account Terms of Service

Toxic Rain Studios LLC., the creator of Rise of Agon, provides the system and related services subject to the user’s compliance with the terms and conditions set forth below. Please read the following information carefully:

Account Management (AMS) Copyright Information

All pages within this Account Management System ("AMS") are the property of Toxic Rain Studios LLC and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Toxic Rain Studios LLC.

Trademark Notice

“Toxic Rain Studios LLC.”, and “Rise of Agon” and their respective logos are trademarks and service marks of Toxic Rain Studios LLC. All other trademarks, service marks and logos used in this AMS are the trademarks, service marks or logos of their respective owners.

Warranty Disclaimer

  1. This AMS, including any content or information contained with it or any AMS service, is provided “As Is” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. The user assumes total responsibility and risk for their use of this AMS and AMS-related services.
  2. Toxic Rain Studios LLC, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the AMS, AMS-related services and/or content or information contained within the AMS. The user’s sole remedy for dissatisfaction with the AMS and/or AMS-related services is to stop using the AMS and/or those services.
  3. Although Toxic Rain Studios LLC attempts to ensure the integrity and accurateness of the AMS, it makes no guarantees whatsoever as to the correctness or accuracy of the AMS. It is possible that the AMS could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the AMS by third parties. In the event that an inaccuracy arises, please inform Toxic Rain Studios LLC so that it can be corrected.

Miscellaneous

  1. This Agreement will be governed by and construed in accordance with the laws of Canada and will be binding upon the parties hereto worldwide.  The user hereby agrees to the jurisdiction of the appropriate judicial tribunal in Ontario. The user hereby agrees to the resolution of any and all disputes arising under these Term of Service, or actions to enforce these Terms of Service in the exclusive jurisdiction of Ontario Courts and waives any objection to such venue or exclusive jurisdiction. In the event that any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Big Picture Games Ltd. may modify the terms of these Terms of Service by posting notice of such modification on a page of the AMS entitled "Terms of Service.” “Legal Notices" or "Legal Information" (or similar title) at the time the modification takes effect.
  2. The user's access of, continued viewing and use of this AMS constitutes their consent and agreement to these Terms of Service. If the user has any questions about these Terms of Service of Big Picture Games, please contact us at support@bpgstudios.com or the following address:

Big Picture Games Ltd.
PO Box 23057 Bowmanville Mall
Bowmanville, ON L1C5R4
Canada

Chargebacks and Disputes

A chargeback or dispute is a payment that has gone through all the correct channels and has been paid to Toxic Rain Studios LLC. In turn, Toxic Rain Studios LLC has awarded the account, the agreed length of play-time for the paid subscription or completed the requested service.  The charge that will appear on user’s credit card or PayPal statement will be from “Toxic Rain Studios LLC”.  If the user places a chargeback with their credit card company or initiates a PayPal dispute (on purpose or by mistake) for any product or service the user has received from Toxic Rain Studios LLC, their account will be banned and will remain so until the chargeback or dispute has been resolved to Toxic Rain Studios LLC satisfaction. If the user has made no reasonable effort to work with Toxic Rain Studios LLC to resolve any problems with their purchase then their account will remain banned. Send an email to support@bpgstudios.com to discuss any issues with a purchase. Toxic Rain Studios LLC will make every effort to provide a reasonable resolution to the issue but makes no guarantees of a resolution.

Freezing and Canceling Subscriptions

Toxic Rain Studios LLC cannot freeze game time nor will refund any unused game-time.  It is the account user’s responsibility to make sure that recurring charges are cancelled prior to the next recurring charge if they wish to suspend their game play. If a user feels there was a case of force majeure that was outside of their control they can email support@bpgstudios.com. Toxic Rain Studios LLC makes no guarantee that they will refund/reimburse any game time.

Refunds

  1. Toxic Rain Studios LLC. has a strict policy on refunds.  As outlined in the EULA that accompanies Rise of Agon, the user’s license to play Rise of Agon is non-refundable and non-transferable.”
  2. Refunds can only be considered on an individual basis and proper documentation may be required for approval.  Please keep in mind that our policy is No refunds.  If a refund is issued, the funds will be returned to the same method of purchase (credit card, PayPal, etc.). The funds may take 7-10 business days to be available. The account will be disabled, if the refund was a client or a subscription option.

Account Security

  1. The user is responsible for maintaining the confidentiality of their account, player name or password, and will be responsible for all uses of their account player name or password, whether they authorize its use or not.   The user must provide accurate information to Toxic Rain Studios LLC and update that information promptly after it changes.
  2. Toxic Rain Studios LLC suggests the following security measures:
  • When contacting Customer Support, please use the registered email address that is associated to the account in question.
  • Never give out account information, not even to closest friends or family members.
  • Never give out password, not even to Toxic Rain Studios LLC employees.
  • Account password should be complex, containing a mix of alphanumeric and symbols such as: ^%# etc...
  • Account password should be long and changed often; Length and duration are up to the user.
  • Do not use game account password for Forum account password or vice a versa.
  • Do not use same or similar account information on a third party website.
  • Use antivirus and spyware programs, keep it updated and be wary of 3rd party programs that have keyloggers.

Management of Account

The user acknowledges and agrees that Toxic Rain Studios LLC, at its sole discretion, may suspend, modify, or delete their account at any time for any reason or for no reason with or without notice to the user. If for any reason or for no reason the account is terminated, suspended, or altered in any manner the user will not be entitled to compensation for the time spent playing the game in the world or for any other compensation. For informational purposes only, and not as a limitation of Toxic Rain Studios LLC’ rights, most adverse account actions are related violations of these Terms of Service or the EULA.

Ownership of Account and Character

Transfer of Account, character or Virtual Items Prohibited. Toxic Rain Studios LLC does not allow or recognize the transfer of Accounts, character or any virtual items acquired in the Game or the World.  The user cannot sell, purchase or trade any Account, or offer to sell, purchase or trade.  Similarly, since Toxic Rain Studios LLC owns all of the content in the Game and the World the user cannot sell or purchase any virtual items or characters from the Game or the World.  Similarly, the user cannot trade in game items from the Game or the World for money or anything else of value from outside the Game or the World.

Minor Children

  1. Children Under The Age of 13. Toxic Rain Studios LLC will not knowingly collect personally identifiable information from any person age 12 and under. Toxic Rain Studios LLC encourages parents to instruct their children to never give out personal information when online. Parents who are concerned about the transfer of personal information from their children may contact us at support@bpgstudios.com to obtain a record of any information held by Toxic Rain Studios LLC and have it removed at their request. 
  2. Minors. Adolescents aged 13-17 years should ask their parents to read our Privacy Policy and to contact us if they would like any information on our guarantee of confidentiality or to comment on the content.  Minors under 18 years of age should not order or subscribe to Rise of Agon or any paid service on-line without the permission of their parents or guardians. Parents and guardians should be particularly vigilant and to ensure that their minors do not transgress when using our sites or online services.

Personal Information and Privacy

The user acknowledges and agrees that Toxic Rain Studios LLC may collect and store Personal Details and use them for limited purpose of:

  • Verification or authentication of a user’s identity
  • Establishing an Account with Toxic Rain Studios LLC
  • Assistance of services to users, such as gameplay, Game administration and technical support
  • Marketing and offering Big Picture Games products and services to the user
  1. Disclosure of Information. The user acknowledges and agrees that Toxic Rain Studios LLC has the absolute right, at its sole discretion and without notice to the user, to disclose the user’s Internet Protocol (IP) address(es), personal information, Chat logs, and other information about the user and their activities in response to a request by law enforcement, a court order or other legal process, if doing so may protect the user's safety or the safety of others or to protect or enforce Big Picture Games’ rights in the Game and the World.
  2. Official Service Invoice. As the account holder, the user has the right to request an official Invoice for their purchase by contacting Customers Support and it will be sent to the user immediately in PDF format.