STRANGE HILL GAMES WEBSITE TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE STRANGE HILL GAMES WEBSITE AND ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES PROVIDED BY US.
The Terms of Service (the “Terms”) apply when you view or use the Strange Hill to Die On Games LLC dba Strange Hill Games (“Strange Hill Games”, “we”, “our” or “us”) website located at http://www.strangehillgames.com (the “Website”). The Website, and any feature, content, tool and service accessible through the Website are collectively referred to as the “Services”. Content generated by any user of the Website shall not be considered part of the Services.
ABOUT THE SERVICE We offer a website with information about our game publishing services, including but not limited to intellectual property protection, branding, publishing and providing a fair and predictable means of revenue sharing between the participants involved in the development of the game to be published. These terms are governing the use of the Website. The terms governing the game publishing services are set forth in our Game Participant Terms of Service.
ACCESS TO THE SERVICES Using the Website or Services you may be asked to provide personal information, such as name address and contact information, so that we can communicate with you and provide our Services to you. You represent and warrant to (a) provide accurate, current and complete information about you ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Strange Hill Games, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to Strange Hill Games.
INTELLECTUAL PROPERTY OF STRANGE HILL GAMES The technology and software underlying the Website, but not including the user Content, are the property of Strange Hill Games (the “Strange Hill Games IP”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Strange Hill Games IP. Any rights not expressly granted herein are reserved by Strange Hill Games. Strange Hill Games, the Strange Hill Games logos and any other product or service name or slogan contained on the Website are trademarks of Strange Hill Games and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Strange Hill Games or the applicable trademark holder. All other trademarks, registered trademarks, documents, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement. Subject to the limited rights expressly granted hereunder, each party reserves all of such party’s right, title and interest in and to their Intellectual Property. No rights are granted or licenses hereunder other than as expressly set forth herein.
LICENSE GRANT TO USE SERVICES Subject to the terms, conditions and limitations set forth herein, Strange Hill Games hereby grants you a non-exclusive, non-transferable and revocable license to access and use the Service for your personal and commercial use. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted herein), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). You may not remove, alter or obscure any copyright, trademark or other proprietary rights notice on the Website. If you breach any of the foregoing restrictions your right to use the Services will immediately cease, you will have violated our rights and may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
DATA PROTECTION Strange Hill Games may use the Registration data to contact you regarding the Services. The type of personal data included in the Registration data may be personal master data, communication data, and data to render an account and collect a fee or distribute royalties in connection with the Services performed or the publishing of the Game. The parties shall comply with all applicable rules and regulations regarding data protection in connection with such use of personal data.
THIRD PARTY CONTENT Strange Hill Games and may display, include or make available content, data, information, applications or materials from its users and other third parties (collectively the "Third-Party Content"). Strange Hill Games does not control, warrant, endorse or adopt any Third-Party Content and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Content, or web sites, or for any other materials, products, or services of third parties. You acknowledge and agree that Strange Hill Games is not responsible or liable in any manner for any Third-Party Content and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Content or websites. Users use such Third-Party Content contained therein at their own risk. You understand that by using any of the Services or Third Party Content, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that Strange Hill Games shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
TERM, TERMINATION, AND SURVIVAL The terms are effective until terminated by you or Strange Hill Games. Your rights under these terms will terminate automatically without notice from Strange Hill Games if you fail to comply with any of the terms herein. Upon termination of the license, you shall cease all use of the Services. All terms related to proprietary rights, licenses, payments, limitation of liability, and indemnification shall survive any termination.
USER OBLIGATIONS AND LIMITATIONS Other than as explicitly provided herein, Strange Hill Games is under no obligation to retain a record of your Registration Data or any data or information collected or generated by Strange Hill Games or Content or data that you may have stored by means of the account or your use of the Services.
DATA PROVIDED WITH THE SERVICES In providing the Services we may provide links or other access to other sites and resources on the Internet. Strange Hill Games has no control over such sites and resources and Strange Hill Games is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Strange Hill Games will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Strange Hill Games is not liable for any loss or claim that may arise from or against any such third party.
CONSENT TO USE OF DATA You agree that Strange Hill Games may collect and use technical data, personal information and related information in connection with your use of the Website including, but not limited to, contact information and technical information about your use, the device, system, software, and peripherals, that are gathered to analyze the use, features and functionality of the Website and to facilitate the provision of software updates, product support and other services related to the Website. Strange Hill Games is also authorized to contact you about our Services using the contact information provided by you.
ELECTRONIC COMMUNICATIONS When you use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
NO WARRANTY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND STRANGE HILL GAMES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. STRANGE HILL GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SERVICES, THAT THE FUNCTIONS CONTAINED THEREIN, OR SERVICES PERFORMED OR PROVIDED WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STRANGE HILL GAMES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL STRANGE HILL GAMES OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF SALES OR BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF STRANGE HILL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STRANGE HILL GAMES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
INDEMNIFICATION You agree, at your sole expense, to defend, indemnify and hold Strange Hill Games, and its agents, affiliates, subsidiaries, directors, officers, employees, contractors, suppliers, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your conduct, your use of the Service, your violation of the Terms, or your violation of the rights of any third-party.
EXPORT RESTRICTIONS Software available in connection with the Service and the transmission of applicable data, if any, is subject to certain export controls. You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services or any Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
ARBITRATION Any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
GOVERNING LAW AND VENUE These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Strange Hill Games agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Alameda County, California.
SEVERABILITY If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
ASSIGNMENT Neither party may assign this agreement or any of its rights or delegate any of its duties under this agreement without the prior written consent of the other party, not to be unreasonably withheld. Notwithstanding the foregoing, either party may assign this agreement, without the other party’s consent, to any affiliate that is controlled by such party, controls such party or is under common control with such party, or to any purchaser of all or substantially all of such Party’s assets, or to any successor by way of merger, consolidation or similar transaction.
CONTACT With questions about these Terms you may contact Strange Hill Games at the following email address: email@example.com.