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Perfect Storm Studios Survey

Perfect Storm Studios Terms of Use

Effective date: 5/1/2024

Welcome to Perfect Storm Studios. Please read on to learn the rules and restrictions that govern your use of our website(s), products, games, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email:  [operations@perfectstorm.gg]

Address:  [5716 Corsa Ave. Ste 110 Westlake Village, CA 91362]

These Terms of Use (the “Terms”) are a binding contract between you and PERFECT STORM STUDIOS, INC. (“Perfect Storm Studios,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Copyright Dispute Policy in the “What if I see something on the Services that infringes my copyright?” section of these Terms and any other relevant policies, including our Acceptable Use Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. 

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will Perfect Storm Studios ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

Will these Terms ever change?

These Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.perfectstorm.gg/, send you an email, and/or notify you by some other means. 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. 

What about my privacy?

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13) without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at [operations@perfectstorm.gg].

What are the basics of using Perfect Storm Studios?

You may be required to sign up for an account, select a password and user name (“Perfect Storm Studios User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Perfect Storm Studios User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Epic Games Store (“Epic Games”). By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your Perfect Storm Studios User ID, account or password with anyone, and you must protect the security of your Perfect Storm Studios User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Perfect Storm Studios User ID and account.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Perfect Storm Studios sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. 

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

  1. violates our Acceptable Use Policy ;

  2. infringes or violates the intellectual property rights or any other rights of anyone else (including Perfect Storm Studios);

  3. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Perfect Storm Studios;

  4. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  5. jeopardizes the security of your Perfect Storm Studios User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);

  6. attempts, in any manner, to obtain the password, account, or other security information from any other user;

  7. violates the security of any computer network, or cracks any passwords or security encryption codes;

  8. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  9. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  10. copies or stores any significant portion of the Content; or

  11. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

 

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. 

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Perfect Storm Studios’) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Perfect Storm Studios owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Services – do I have to grant any licenses to Perfect Storm Studios or to other users?

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

In addition to the foregoing, you further agree that you will abide by the terms of our Acceptable Use Policy.

Licenses

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). 

By submitting User Submissions through the Services, you hereby do and shall grant Perfect Storm Studios a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Perfect Storm Studios to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that Perfect Storm Studios, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What about virtual content? 

When using the Services, you may have opportunities to acquire or access virtual goods (including but not limited to in-game weapons, resources, clothing, champions, skins, etc.) and in-game currency (collectively, “Virtual Content”). 

Ownership

You have no ownership or other property interest in any Virtual Content, regardless of how you acquired access to it. Virtual Content has no monetary value. Unless expressly permitted through the functionality of the Services, you cannot transfer or redeem Virtual Content for any type of “real world” currency. 

Subject to these Terms, we grant each user of the Services a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use Virtual Content only in connection with your use of the applicable Services.

Notwithstanding anything to the contrary in these Terms, you agree that you have no title, ownership or other property or proprietary interest in any Virtual Content, regardless of any consideration offered or paid in exchange, and that all rights in and to Virtual Content are and shall forever be owned by and inure to the benefit of Perfect Storm Studios. Furthermore, Perfect Storm Studios shall not be liable in any way for the destruction, deletion, modification, impairment, or any other damage or loss of any kind caused to Virtual Content, including the deletion of Virtual Content upon the termination or expiration of your account or Third Party Account or our reasonable changes to the Services.

Availability

In an effort to improve the Services and evolve our games, or for regulatory or legal reasons, we have the right to delete, alter, remove, re-price, or transfer any and all Virtual Content, in whole or in part, at any time, without notice and with no liability of any kind to you. We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Virtual Content. If we allow the sale or transfer of your right to access certain Virtual Content, it may only be conducted as expressly provided through the Services.

What if I see something on the Services that infringes my copyright?

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

  1. Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Perfect Storm Studios’ Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  2. Identification of works or materials being infringed;

  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

  4. Contact information about the notifier including address, telephone number and, if available, email address;

  5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

  1. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:

  1. remove or disable access to the infringing material;

  2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and

  3. terminate such content provider’s access to the Services if he or she is a repeat offender.

  1. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

  1. A physical or electronic signature of the content provider;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

  4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact Perfect Storm Studios’ Designated Agent at the following address:

Perfect Storm Studios, Inc.

Attn: DMCA Designated Agent

5716 Corsa Ave. Ste 110 Westlake Village, CA 91362

 

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Perfect Storm Studios. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Perfect Storm Studios is not responsible for such risks. 

Perfect Storm Studios has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Perfect Storm Studios will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Perfect Storm Studios shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Perfect Storm Studios is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Perfect Storm Studios, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Do the Services cost anything?

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. 

Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). All of our Paid Services are currently offered only through third party platforms (“Third Party Platform”), including Epic Games. Please note that any payment or other terms presented to you in the process of using or signing up for a Paid Service through a Third Party Platform are governed by such third party’s terms and conditions. 

Perfect Storm cannot and does not guarantee that the Services shall operate (or continue to operate) on any particular Third Party Platform and does not make any representations or warranties with respect to any Third Party Platform. You are solely responsible for procuring any and all rights necessary for you to access Third Party Platforms and for complying with any applicable terms or conditions thereof. Any exchange of data or other interaction (including payment transactions) between you and a Third Party Platform is solely between you and such Third Party Platform.

What about termination of the Services? 

Perfect Storm Studios is free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Perfect Storm Studios has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account. 

If you have deleted your account by mistake, contact us immediately at operations@perfectstorm.gg – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Please note that we are not responsible for any activity or termination associated with a Third Party Account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?

Warranty Disclaimer. Perfect Storm Studios and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Perfect Storm Studios and all such parties together, the “Perfect Storm Studios Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Perfect Storm Studios Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Perfect Storm Studios Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY PERFECT STORM STUDIOS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE PERFECT STORM STUDIOS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO PERFECT STORM STUDIOS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Perfect Storm Studios Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Perfect Storm Studios’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Perfect Storm Studios and limits the manner in which you can seek relief from Perfect Storm Studios. Both you and Perfect Storm Studios acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Perfect Storm Studios’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Perfect Storm Studios will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Perfect Storm Studios will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

(c) Small Claims Court; Infringement. Either you or Perfect Storm Studios may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

(d) Waiver of Jury Trial. YOU AND PERFECT STORM STUDIOS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Perfect Storm Studios are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Perfect Storm Studios over whether to vacate or enforce an arbitration award, YOU AND PERFECT STORM STUDIOS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Perfect Storm Studios is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. 

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: [ADDRESS], [CITY], [STATE] [ZIP CODE] postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Perfect Storm Studios to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Perfect Storm Studios agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls. 

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Perfect Storm Studios.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Perfect Storm Studios may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Perfect Storm Studios agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Perfect Storm Studios, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Perfect Storm Studios, and you do not have any authority of any kind to bind Perfect Storm Studios in any respect whatsoever.

 

Except as expressly set forth in the section above regarding the arbitration agreement, you and Perfect Storm Studios agree there are no third-party beneficiaries intended under these Terms.

 

Perfect Storm Studios Acceptable Use Policy

 

Introduction 

 

Perfect Storm Studios is dedicated to providing a fun and safe way for users to play games online. We strive to provide positive experiences for our users, and in order to achieve that goal, we do not permit certain types of content on our Services.

 

This Acceptable Use Policy (“Use Policy”) is meant to ensure that our users and community stay protected. Any capitalized term used herein but not defined in this Use Policy shall have the meaning in our Terms of Use. 

 

We reserve the right to suspend or terminate any account, or remove any content, without notice for violation of this Use Policy, or which might otherwise be offensive, illegal, or might violate the rights of, harm, or threaten the safety of other users of the Services.

 

Rules for Using Perfect Storm Studios

Perfect Storm Studios does not permit the following categories of content on our Services, including any of our games and applications: 

 

Explicit content: Content featuring or promoting nudity, pornography, the depiction of sexual acts, or fetishes that are meant for sexual gratification.

 

Real violence: Content that portrays or promotes real death, kidnappings or abductions, mutilation, or gore; depictions of scenes where it is commonly known that an individual was killed, physically assaulted, kidnapped or mutilated; or content that depicts, documents, condones, attempts to justify, attempts to motivate or glorify any violent crimes, including any related footage of people known to be the perpetrators of such crimes.

 

Self-harm: Content that encourages or promotes self-harm or that negatively targets victims or survivors of self-harm and suicide, including depictions of activities or behavior that encourage suicide, self-mutilation, or eating disorders. 

 

Threats and stalking: Content that threatens an individual’s or group’s safety; content that promotes, coordinates, or encourages harm and would cause a reasonable person fear or emotional distress.

 

Hate: Content that depicts or targets a group or person based upon their race, religion, gender, ethnicity, national origin, age, disability, disease or sexual orientation with violent, demeaning or belittling images or messages; content that promotes hurtful racial stereotypes against the foregoing groups; symbols, logos, or other identifiers associated with hate groups.

 

Terrorism and violent extremism: Content that promotes, supports, encourages, or celebrates terrorist organizations or violent extremists, their leaders, or associated activities; content that shows real scenes of death, including documentation or depictions of acts of terrorism and violent extremism; symbols, logos, or other identifiers associated with terrorists, violent extremist groups or violent extremists.

 

Bullying and harassment: Content that bullies or harasses individuals.

 

Disasters and tragedies: Content that can be used to diminish or exploit the suffering or deaths of a group of people or individuals.

 

Misinformation: ​​Content that perpetuates harmful conspiracy theories or misinformation. We define misinformation as claims that have been established as false by external subject-matter experts, or claims that include medical or safety information that is shared in a deceptive or confusing manner. This includes content that diminishes the suffering of others, motivates or coordinates violent or hateful actions, promotes miracle cures, or threatens public health or safety.

 

Illegal activity: Content that promotes illegal or fraudulent activities or violent crimes, including content that may deceive, defraud or exploit others for money or property, child sexual abuse material, and content that exploits, sexualizes, or fetishizes minors. 

 

Private information: Content that reveals any private data about another person. This includes, but is not limited to, information such as addresses, phone numbers, and passwords.

 

Spam: Any content that is posted in an effort to disrupt the normal user experience or circumvent the Services is not permitted.

 

Intellectual Property: Content that violates another party’s intellectual property rights. You should only upload content that you’ve created yourself or have the rights to use. Review our DMCA Copyright Policy in our Terms of Use for more information.

 

Disparagement: Content that is derogatory to Perfect Storm Studios or that may damage the value, reputation, or goodwill of Perfect Storm Studios or its products or brands (as determined by Perfect Storm Studios).

 

False Endorsement: Any content that creates the false impression of a commercial relationship or other association between you or any other party, including Perfect Storm Studios.

 

Promotion of Products or Services: Any content that promotes any product or service.





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