Terms of Service

Last Updated: 8/18/2024

Welcome, and thank you for your interest in ZeldaKingdomofTears (“Creator,” “we,” or

“us”) and our website at zeldakingdomoftears.store, provided through Fourthwall, (the

“Service”). These Terms of Service are a legally binding contract between you and

Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE

SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A

CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY,

THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Creator’S PRIVACY

POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT

AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE

THE SERVICE. YOUR USE OF THE SERVICE, AND Creator’S PROVISION OF THE

SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Creator AND BY YOU TO

BE BOUND BY THESE TERMS.

1. Creator Service Overview. We offer a website where you can purchase

merchandise that we make available for sale, including digital products and

memberships (“Memberships”and, collectively with all other merchandise,

“Products”).

2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to

these Terms, you represent and warrant to us that: (a) you are at least 13 years

old;(b) you have not previously been suspended or removed from the Service;

and (c) your registration and your use of the Service is in compliance with any

and all applicable laws and regulations. If you are an entity, organization, or

Creator, the individual accepting these Terms on your behalf represents and

warrants that they have authority to bind you to these Terms and you agree to be

bound by these Terms.

3. Accounts and Registration. To access any Membership, you must register for

an account. When you register for an account, you may be required to provide us

with some information about yourself, such as your name, email address, or

other contact information. You agree that the information you provide to us is

accurate and that you will keep it accurate and up-to-date at all times. When you

maintaining the confidentiality of your account and password, and you accept

responsibility for all activities that occur under your account. If you believe that

your account is no longer secure, then you must immediately notify us at contact@support.zeldakingdomoftears.store.

4. General Payment Terms. Purchase of any Product through the Service may

require you to pay fees. Before you pay any fees, you will have an opportunity to

review and accept the fees that you will be charged. All fees are in U.S. Dollars.

4.1. Price. Creator reserves the right to determine pricing for all

Products and Memberships. Creator will make reasonable efforts to keep

pricing information published on the website up to date. We encourage

you to check our website periodically for current pricing information.

Creator may change the fees for any Product or Membership if the Creator

gives you advance notice of changes before they apply. Creator, at its

sole discretion, may make promotional offers with different features and

different pricing to any of zeldakingdomoftears.store customers. These promotional

offers, unless made to you, will not apply to your offer or these Terms.

4.2. Authorization. You authorize the Creator and its third party

payment processors to charge all sums for the Products you purchase and

Memberships you subscribe to, including all applicable taxes, to the

payment method specified in your account. If you pay any fees with a

credit card, Creator or its third party payment processors may seek pre-

authorization of your credit card account prior to your purchase to verify

that the credit card is valid and has the necessary funds or credit available

to cover your purchase.

4.3. Memberships. Memberships may include automatically recurring

payments for periodic charges.If you activate such a Membership, you

authorize the Creator or its third party payment processors to periodically

charge, on a going-forward basis and until cancellation of either the

recurring payments or the applicable Membership, all accrued sums on or

before the payment due date for the accrued sums. The “Membership

Billing Date” is the date when you purchase the applicable Membership.

Your account will be charged automatically on the Membership Billing

Date all applicable fees and taxes for the next Membership period. The

Membership will continue unless and until you cancel your Membership or

we terminate it. You must cancel your Membership before it renews in

order to avoid billing of the next periodic Membership Fee to your

account.Creator or its third party payment processor will bill the periodic

Membership Fee to the payment method you provide to us during

registration (or to a different payment method if you change your payment

information). You may cancel the Membership contacting us at: contact@support.zeldakingdomoftears.store.

4.4. Returns and Refunds. We will accept all returns for defective

Products made within 30 days of the purchase date (“Returns”). We will

issue you a full refund for all Returns and will pay for the return shipping of

any Return if such shipping is required. We will not accept any returns of,

nor issue any refunds for, any Products that are not defective.

5. Shipping and Delivery. All Products purchased through the Service will be

shipped according to the terms provided at the time of purchase to the shipping

address you provide to us. You will be responsible for all shipping costs, which

will be specified for you at checkout.

6. Licenses

6.1. Limited License. Subject to your complete and ongoing

compliance with these Terms, Creator grants you, solely for your personal,

non-commercial use, a limited, non-exclusive, non-transferable, non-

sublicensable, revocable license to access and use the Service and any

Memberships to which you have subscribed during the term of your

subscription.

6.2. License Restrictions. Except and solely to the extent such a

restriction is impermissible under applicable law, you may not: (a)

reproduce, distribute, publicly display, or publicly perform the Service; (b)

make modifications to the Service; or (c) interfere with or circumvent any

feature of the Service, including any security or access control

mechanism. If you are prohibited under applicable law from using the

Service, you may not use it.

6.3. Feedback. If you choose to provide input and suggestions

regarding problems with or proposed modifications or improvements to the

Service or any Products (“Feedback”), then you hereby grant Creator an

unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free

right to exploit the Feedback in any manner and for any purpose, including

to improve the Service and create other products and services.

7. Ownership; Proprietary Rights. The Service is owned and operated by the

Creator. The visual interfaces, graphics, design, compilation, information, data,

computer code (including source code or object code), products, software,

services, and all other elements of the Service and Products (“Materials”)

provided by the Creator are protected by intellectual property and other laws. All

Materials included in the Service are the property of Creator or its third party

licensors. Except as expressly authorized by the Creator, you may not make use

of the Materials. Creator reserves all rights to the Materials not granted expressly

in these Terms.

8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

8.1. use the Service for any illegal purpose or in violation of any local,

state, national, or international law;

8.2. violate, or encourage others to violate, any right of a third party,

including by infringing or misappropriating any third party intellectual

property right;

8.3. interfere with security-related features of the Service, including by:

(i) disabling or circumventing features that prevent or limit use or copying

of any content; or (ii) reverse engineering or otherwise attempting to

discover the sourcecode of any portion of the Service except to the extent

that the activity is expressly permitted by applicable law;

8.4. interfere with the operation of the Service or any user’s enjoyment

of the Service, including by: (i) uploading or otherwise disseminating any

virus, adware, spyware, worm, or other malicious code; (ii) making any

unsolicited offer or advertisement to another user of the Service; (iii)

collecting personal information about another user or third party without

consent; or (iv) interfering with or disrupting any network, equipment, or

server connected to or used to provide the Service;

8.5. perform any fraudulent activity including impersonating any person

or entity, claiming a false affiliation, accessing any other Service account

without permission, or falsifying your age or date of birth;

8.6. sell or otherwise transfer the access granted under these Terms or

any Materials (as defined in Section 6) or any right or ability to view,

access, or use any Materials; or

8.7. attempt to do any of the acts described in this Section 7 or assist or

permit any person in engaging in any of the acts described in this Section

9. Modification of these Terms. We reserve the right to change these Terms on a

going-forward basis at any time. any provision of these Terms, your authorization

to access the Service and these Terms automatically terminate. In addition,

Creator or Fourthwall may, at either of their sole discretion, terminate these

Terms or your account on the Service, or suspend or terminate your access to

the Service, at any time for any reason or no reason, with or without notice. You

may terminate your account and these Terms at any time by contacting customer

service at contact@support.zeldakingdomoftears.store.

10. Effect of Termination. Upon termination of these Terms: (a) your license rights

will terminate and you must immediately cease all use of the Service; (b) you will

no longer be authorized to access your account or theService; (c) you must pay

Creator any unpaid amount that was due prior to termination; and (d) all payment

obligations accrued prior to termination and Sections 5.3, 6, 9.3, 10, 11, 12, and

13 will survive.

11. Modification of the Service. Creator reserves the right to modify or discontinue

the Service at any time (including by limiting or discontinuing certain features of

the Service), temporarily or permanently, without notice to you. Creator will have

no liability for any change to the Service or any suspension or termination of your

access to or use of the Service.

12. Indemnity. To the fullest extent permitted by law, you are responsible for your

use of the Service, and you will defend and indemnify Creator and its officers,

directors, employees, consultants, affiliates, subsidiaries and agents and

Fourthwall (together,the “Creator Entities”) from and against every claim

brought by a third party, and any related liability, damage, loss, and expense,

including reasonable attorneys’ fees and costs, arising out of or connected with:

(a) your unauthorized use of, or misuse of, the Service; (b) your violation of any

portion of these Terms, any representation, warranty, or agreement referenced in

these Terms, or any applicable law or regulation; (c) your violation of any third

party right, including any intellectual property right or publicity, confidentiality,

other property, or privacy right; or (d) any dispute or issue between you and any

third party. We reserve the right, at our own expense, to assume the exclusive

defense and control of any matter otherwise subject to indemnification by you

(without limiting your indemnification obligations with respect to that matter), and

in that case, you agree to cooperate with our defense of those claims.

13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE

SERVICE ARE PROVIDED “AS IS” AND ON AN“AS AVAILABLE” BASIS. Creator

DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE

THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY

YOU FROM THE SERVICE OR Creator ENTITIES OR ANY MATERIALS OR

CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY

REGARDING ANY OF THE Creator ENTITIES OR THE SERVICE THAT IS NOT

EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY

DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH

ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE

ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND

THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY

(INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN

CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER

CONTENT.

WE PROVIDE THE SERVICES THROUGH FOURTHWALL BUT THESE TERMS AND

ANY PURCHASES OF PRODUCTS ARE SOLELY BETWEEN YOU AND Creator.

YOU HEREBY ACKNOWLEDGE THAT FOURTHWALL IS NOT A PARTY TO, AND

WILL HAVE NO LIABILITY RESULTING FROM, THESE TERMS, ANY DAMAGES OR

LOSSES YOU INCUR AS A RESULT OF USING THE SERVICE, OR THE PURCHASE

OF PRODUCTS.

THE LIMITATIONS

IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS

ESSENTIAL PURPOSE.

14. Miscellaneous

14.1. General Terms.These Terms, together with the Privacy Policy and

any other agreements expressly incorporated by reference into these

Terms, are the entire and exclusive understanding and agreement

between you and Creator regarding your use of the Service. You may not

assign or transfer these Terms or your rights under these Terms, in whole

or in part,by operation of law or otherwise, without our prior written

consent. We may assign these Terms at any time without notice or

consent. The failure to require performance of any provision will not affect

our right to require performance at any other time after that, nor will a

waiver by us of any breach or default of these Terms, or any provision of

these Terms, be a waiver of any subsequent breach or default or a waiver

of the provision itself. Use of section headers in these Terms is for

convenience only and will not have any impact on the interpretation of any

provision. Throughout these Terms the use of the word “including” means

“including but not limited to”. If any part of these Terms is held to be invalid

or unenforceable, the unenforceable part will be given effect to the

greatest extent possible, and the remaining parts will remain in full force

and effect.

14.2. Governing Law. These Terms are governed by the laws of the

State of California without regard to conflict of law principles. You and

Creator submit to the personal and exclusive jurisdiction of the state

courts and federal courts located within San Francisco County, California

for resolution of any lawsuit or court proceeding permitted under these

Terms.

14.3. Privacy Policy. Please read the Creator Privacy Policy carefully

for information relating to our collection, use,storage, disclosure of your

personal information. The Creator Privacy Policy is incorporated by this

reference into, and made a part of, these Terms.

14.4. Additional Terms.Your use of the Service is subject to all

additional terms, policies, rules, or guidelines applicable to the Service or

certain features of the Service that we may post on or link to from the

Service (the “Additional Terms”). All Additional Terms are incorporated

by this reference into, and made a part of, these Terms.

14.5. Consent to Electronic Communications. By using the Service,

you consent to receiving certain electronic communications from us as

further described in our Privacy Policy. Please read our Privacy Policy to

learn more about our electronic communications practices. You agree that

any notices, agreements, disclosures, or other communications that we

send to you electronically will satisfy any legal communication

requirements, including that those communications be in writing.

14.6. Contact Information. The Service is offered by zeldakingdomoftears.store. You may contact us by sending correspondence by emailing us at

contact@support.zeldakingdomoftears.store.

14.7. Notice to California Residents. If you are a California resident,

under California Civil Code Section 1789.3, you may contact the

Complaint Assistance Unit of the Division of Consumer Services of the

California Department of Consumer Affairs in writing at 1625 N. Market

Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800)

952-5210 in order to resolve a complaint regarding the Service or to

receive further information regarding use of the Service.

14.8. No Support. We are under no obligation to provide support for the

Service. In instances where we may offer support, the support will be

subject to published policies.

14.9. International Use. The Service is intended for visitors located

within the United States. We make no representation that the Service is

appropriate or available for use outside of the United States. Access to the

Service from countries or territories or by individuals where such access is

illegal is prohibited.

14.10.