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TERMS OF USE AGREEMENT
1. YOU MUST AGREE TO THIS TERMS OF USE AGREEMENT BEFORE USING THE SITES AND/OR PLAYING GAMES OR USING ANY SOFTWARE.
This Terms of Use Agreement (“Agreement”) informs you of the terms, conditions, disclaimers, notices and policies (collectively the “Terms”) that apply to your access and use of the websites of Strength in Numbers Studios, Inc., a Michigan, USA corporation (“Strength in Numbers Studios, Inc”) located at the URL www.tueborgame.com (“Site”), and any and all games provided by Strength in Numbers Studios on any platform (“Games”). Collectively, the Sites and Games are referred to as the “Services” in this Agreement. Games may be playable by one or more persons simultaneously (each a “User”), and the conduct of each such User while playing the Games or using the Sites is governed by this Agreement. This Agreement is a binding contract between you and Strength in Numbers Studios, Inc that provides for important rights and obligations. By accessing, browsing, and/or using the Services and/or playing, downloading or browsing the Games you represent to Strength in Numbers Studios, Inc that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. Strength in Numbers Studios, Inc reserves the right, at its sole and absolute discretion, to deny any user access to the Services, without notice. If you violate any of the Terms, Strength in Numbers Studios, Inc may, at its option, give you a warning notice of violation or terminate your account immediately for violation of the Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 16 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND STRENGTH IN NUMBERS STUDIOS, INC. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 16.
2. ELIGIBILITY TO ACCEPT AGREEMENT AND USE SERVICES
Strength in Numbers Studios, Inc does not knowingly collect any personal information from children under the age of 13 that falls within the Children’s Online Privacy Protection Act and Rule. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
3. STRENGTH IN NUMBERS STUDIOS, INC’S RIGHT TO MODIFY AGREEMENT
Strength in Numbers Studios, Inc may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Sites. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events that occur following the date of modification. You may not modify this Agreement without the prior written authorization of an officer of Strength in Numbers Studios, Inc. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITES AND UNINSTALL ANY GAMES YOU MAY HAVE INSTALLED ON YOUR COMPUTER AND SOCIAL NETWORK PROFILES.
4. POLICY ON PRIVACY
The Services include the Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy provided on the Sites carefully. By using the Services, you are consenting to the Privacy Policy.
5. STRENGTH IN NUMBERS STUDIOS, INC’S OWNERSHIP OF THE SERVICES AND PROPRIETARY MATERIALS
The Services contain copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by Strength in Numbers Studios, Inc. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Strength in Numbers Studios, Inc. Moreover, you may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Strength in Numbers Studios, Inc and shall be deemed to be the confidential proprietary information of Strength in Numbers Studios, Inc. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by Strength in Numbers Studios, Inc from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY STRENGTH IN NUMBERS STUDIOS, INC AND ITS LICENSORS.
6. OWNERSHIP OF IDEAS INVENTIONS AND USER SUBMISSIONS INCLUDING USER-GENERATED CONTENT
The Services provide you with access to a variety of resources, materials and downloads, and may allow you access content made available by Strength in Numbers Studios, Inc and other Users. Such content may include, without limitation, game levels, content creation tools, audio, video, film, music, text, communications, software, graphics, images, and information. All such content made available by you or by other users of the Services is referred to in this Agreement as “User-Generated Content.” As between Strength in Numbers Studios, Inc and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Services may be made freely available by Strength in Numbers Studios, Inc to others, including without limitation for download by others.
You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to Strength in Numbers Studios, Inc to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others.
All comments, feedback, suggestions, gameplay features, level designs, and other submissions (“User Ideas“) disclosed, submitted, or offered to Strength in Numbers Studios, Inc shall be the exclusive property of Strength in Numbers Studios, Inc. Unless otherwise prohibited by law, Strength in Numbers Studios, Inc may use, sell, exploit, or create derivative works from these User Ideas and, further, Strength in Numbers Studios, Inc may disclose these User Ideas to third parties or the general public, without compensation to you.
YOU ACKNOWLEDGE THAT USER IDEAS AND USER-GENERATED CONTENT ARE PROVIDED BY YOU ON A COMPLETELY VOLUNTARY BASIS. SHOULD YOU NOT WISH TO HAVE YOUR USER IDEAS AND USER-GENERATED CONTENT INCORPORATED INTO ANY GAME OR WEBSITE FUNCTIONS, YOU MAY CHOOSE NOT TO SHARE THEM WITH STRENGTH IN NUMBERS STUDIOS, INC ON THE SITES OR SERVICES.
7. PROHIBITED USER-GENERATED CONTENT
You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Services. As a condition of your use of the Services, you agree not to use the Services for any unlawful or prohibited purpose. User-Generated Content prohibited from upload, display or posting on the Services includes, without limitation, User-Generated Content that Strength in Numbers Studios, Inc determines in its sole and absolute discretion. Prohibited User-Generated Content includes anything that:
(a) constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
(b) misrepresents the source or identity of any material;
(c) is unlawful, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, create civil liability, or is otherwise offensive to Users of the Services or inappropriate;
(d) violates the rights of privacy or publicity of any person;
(e) is false or deceptive;
(f) displays pornographic or sexually explicit material of any kind;
(g) includes material that exploits people in a sexual or violent manner;
(h) Posts, uploads, transmits, or streams any unauthorized or unsolicited material that disrupts the normal flow of chat or other activities in the Services, including spam, junk mail, excessive mail, or chain letters;
(i) is an advertisement or solicitation to sell a product or service to Users of the Services, or constitutes any other commercial use of the Services, without the prior written consent of Strength in Numbers Studios, Inc;
(j) is unlawful under the laws of the United States or any individual state or locality, the laws of any foreign jurisdiction, or any international treaty or convention; or
(k) interferes with the proper functioning of the Services or Sites, or violates any other of the Terms of this Agreement.
You should not post any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms. You acknowledge that Strength in Numbers Studios, Inc is a service provider that may allow Users to interact online regarding topics and content self-chosen by the Users. Strength in Numbers Studios, Inc does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. Strength in Numbers Studios, Inc generally does not regulate and shall have no obligation to monitor any User-Generated Content. Nonetheless, Strength in Numbers Studios, Inc and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. Strength in Numbers Studios, Inc may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content. Strength in Numbers Studios, Inc also may terminate your access to the Services and refer the User-Generated Content to law enforcement if it is in violation of any federal, state or local law or regulation.
8. PROHIBITED USER CONDUCT
Subject to the permitted use of the Services granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service, or remove any proprietary notices or labels from the Service. Failure to comply with the restrictions and limitations contained in this Section 8 will result in the immediate, automatic termination of your access to the Services and may subject you to civil and/or criminal liability.
You further agree that you will not, under any circumstances:
(a) frame or otherwise display any portion of the Services or its contents that is not your User-Generated Content without prior authorization;
(b) sell, grant a security interest in, or transfer reproductions of all or any portion of the Services to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Services to others;
(c) exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Strength in Numbers Studios, Inc;
(d) host, provide or develop services for or using the Services, or intercept, emulate, disrupt, or redirect the communication protocols, hardware, software, network, or system used by Strength in Numbers Studios, Inc in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
(e) facilitate, create or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, hacks, or reverse-engineers the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Strength in Numbers Studios, Inc. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Strength in Numbers Studios, Inc;
(f) develop or allow any viruses, malware, adware, spyware, Trojan Horses, cancelbots, other automated “bots”, “auto players”, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Services; and/or to attempt to upload/utilize such devices against the Services;
(g) use vulgar, obscene, pornographic language or other behavior while in the forums, chat rooms, or other public areas that will disrupt the User experience in those areas of the Services;
(h) use the Services in connection with any games of chance, gambling, sweepstakes, lotteries, contests, surveys, chain letters, pyramid schemes or other similar services, whether or not they are used for commercial gain;
(i) collect, harvest, scrape or capture any User information, email addresses or other personal data of the Users to send unsolicited emails or any other communication, whether this is done for commercial gain; or
(j) use the Services in a manner prohibited by any applicable law or government regulation, or by these Terms.
(k) makes false reports of user abuse to Strength in Numbers Studios, Inc or affiliated companies and partners;
(l) impersonate any person, including an employee of Strength in Numbers Studios, Inc or any third party;
Strength in Numbers Studios, Inc expressly reserves the right to monitor any and all network traffic between the User(s) and the Services to prevent the use of said means to compromise the Services.
9. USER REGISTRATION AND ACCOUNT SECURITY
As a condition to using certain components of the Services, you may be required to register with Strength in Numbers Studios, Inc and select a password and screen name or user account name(“User ID”) to obtain a personal account. In cases where you do not choose a user name/screen name, Strength in Numbers Studios, Inc may automatically assign you a user ID to identify you to our servers. You agree to provide Strength in Numbers Studios, Inc with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate, automatic termination of your access to the Services. You may not select or use as a User ID a name of another person with the intent to impersonate that person; use as a User ID a name subject to any rights (including trademarks or copyrights) of a person other than you without appropriate authorization; or use as a User ID a name that is otherwise offensive, vulgar or obscene. Strength in Numbers Studios, Inc reserves the right to refuse registration of, or to cancel, a User ID in its sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that Strength in Numbers Studios, Inc cannot guaranty the accuracy of any information submitted by any User of the Services, nor any identifying information about any User. You are solely responsible for the activity that occurs through your account. You shall be solely responsible for maintaining the confidentiality of your password. You may not share your account with a third party or use the account of a third-party. You agree to notify Strength in Numbers Studios, Inc immediately in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. You may cancel your account at any time upon written notice to Strength in Numbers Studios, Inc.
10. PROMOTIONAL PROGRAMS
Strength in Numbers Studios, Inc may implement marketing and promotional programs in which Users are offered benefits or considerations based upon the performance of specified activities, the satisfaction of specified requirements, or other criteria. Any such program, including the eligibility and selection of Users, the award, compensation or other benefit to be granted Users, if any, and the duration, shall be at the sole and absolute discretion of Strength in Numbers Studios, Inc. You acquire no right or interest to participate in such program or to the impartial implementation of the program and distribution of any awards, compensation or benefits. You hereby expressly waive and disclaim any such right or interest as a material Term of this Agreement. To the extent such program may involve one or more third parties, you further expressly waive and disclaim any such right or interest against such third party. Strength in Numbers Studios, Inc may elect in its sole and absolute discretion to contact you with regard to a program. You hereby expressly authorize Strength in Numbers Studios, Inc to contact you by means of the contact information you have provided to Strength in Numbers Studios, Inc.
11. LINKS TO THIRD-PARTY WEBSITES
Solely as a convenience to Users, Strength in Numbers Studios, Inc may provide links on the Services to other websites owned by third parties. Unless otherwise expressly stated, Strength in Numbers Studios, Inc does not endorse or control these third-party websites and assumes no responsibility for them or the content contained therein.
12. USE OF THE SERVICES OUTSIDE OF THE UNITED STATES
The Services are controlled and operated by Strength in Numbers Studios, Inc in the State of Michigan, United States of America. Strength in Numbers Studios, Inc makes no representations or warranties, either express or implied, that Services and other materials available through the Services are appropriate, legally permissible or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with all federal, state and local laws. Whether or not you use the Services inside the United States of America, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any User-Generated Content, software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
13. GENERAL DISCLAIMERS
(a) THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, STRENGTH IN NUMBERS STUDIOS, INC DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, STRENGTH IN NUMBERS STUDIOS, INC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) STRENGTH IN NUMBERS STUDIOS, INC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL STRENGTH IN NUMBERS STUDIOS, INC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITES OR SERVICES, OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SERVICES ARE CONTROLLED AND PROVIDED BY STRENGTH IN NUMBERS STUDIOS, INC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. STRENGTH IN NUMBERS STUDIOS, INC MAKES NO REPRESENTATION THAT THE SITES OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITES OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.
(d) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW
STRENGTH IN NUMBERS STUDIOS, INC, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT STRENGTH IN NUMBERS STUDIOS, INC CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Strength in Numbers Studios, Inc, its offers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
16. BINDING INDIVIDUAL ARBITRATION
The term “Dispute” means any dispute, claim, or controversy between you and Strength in Numbers Studios, Inc regarding any Strength in Numbers Studios, Inc Game, product or service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 16 (with the exception of the enforceability of the Class Action Waiver clause below). Dispute is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Strength in Numbers Studios, Inc or Strength in Numbers Studios, Inc’s officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and Strength in Numbers Studios, Inc agree to seek resolution of the Dispute only through binding arbitration of that Dispute in accordance with the terms of this Section 16, and not litigate any Dispute in court. Binding arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 16, YOU MUST NOTIFY STRENGTH IN NUMBERS STUDIOS, INC IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO STRENGTH IN NUMBERS STUDIOS, INC INC., 2213 EAST GRAND RIVER AVE, LANSING, MICHIGAN, USA, ATTN: LEGAL/ARBITRATION, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH STRENGTH IN NUMBERS STUDIOS, INC THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH STRENGTH IN NUMBERS STUDIOS, INC YOU MUST SEND WRITTEN NOTICE TO STRENGTH IN NUMBERS STUDIOS, INC INC., 2213 EAST GRAND RIVER AVE, LANSING, MICHIGAN, USA USA, ATTN: LEGAL/ARBITRATION, TO GIVE STRENGTH IN NUMBERS STUDIOS, INC THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Strength in Numbers Studios, Inc does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Strength in Numbers Studios, Inc with may pursue your claim in arbitration pursuant to the terms in this Section 16.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND STRENGTH IN NUMBERS STUDIOS, INC SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Strength in Numbers Studios, Inc elect to resolve your Dispute through binding arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA“), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 16 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by Strength in Numbers Studios, Inc concern interstate commerce, the Federal Arbitration Act (“FAA“) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Strength in Numbers Studios, Inc as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Strength in Numbers Studios, Inc or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Strength in Numbers Studios, Inc may initiate arbitration in Lansing, Michigan, USA.
Severability. If any clause within this Section 16 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 16, and the remainder of this Section 16 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 16 will be unenforceable, and the Dispute will be decided by a court and you and Strength in Numbers Studios, Inc each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Survival. This Section 16 shall survive any termination of this Agreement.
17. GENERAL PROVISIONS
You agree that the Services shall be deemed exclusively based in the State of Michigan, USA, and this Agreement shall be deemed to have been made and executed exclusively in the State of Michigan, USA. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the State of Michigan, USA without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or Strength in Numbers Studios, Inc shall be commenced and maintained in any state or federal court located in Ingham County, Michigan, USA, having subject matter jurisdiction with respect to such dispute. You and Strength in Numbers Studios, Inc agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of Strength in Numbers Studios, Inc; Strength in Numbers Studios, Inc may assign this Agreement without restriction of any kind. No failure on the part of Strength in Numbers Studios, Inc to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and Strength in Numbers Studios, Inc with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
18. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
As an online service provider, Strength in Numbers Studios, Inc has adopted the following general policy regarding copyright infringement in accord with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). The address of the Strength in Numbers Studios, Inc Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:
Copyright
Strength in Numbers Studios, Inc Inc.
2213 E. Grand River Ave
Lansing, MI 48912
USA
legal@tueborgame.com
For any notice of infringement to be effective, the notice must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on the Sites and/or in the Games;
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is Strength in Numbers Studios, Inc’s policy to block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user or other content provider. If you believe that User-Generated Content or other material residing on or accessible through the Sites or Services infringes a copyright, please send a notice of copyright infringement to the Designated Agent. The notice of infringement should conform to the elements of notification provided in the DMCA, Section 512(c)(3), including: (i) contact information and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work or material infringed; (iii) identification and location the of the content claimed to be infringing so that it may be found and verified; (iv) a statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized; and (v) a statement, made under penalty of perjury, that all information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyright claimed to be infringed. Once proper infringement notification is received by the Designated Agent, Strength in Numbers Studios, Inc will remove or disable access to the claimed infringing User-Generated Content or other material; notify the accused infringing party that it has removed or disabled access to the User-Generated Content or other material; and determine appropriate measures to prevent recurrence by the accused infringing party. The DMCA requires a service provider to give prompt notification to the accused infringing party of the copyright claim and that the accused User-Generated Content or other material has been removal or access to it has been disabled. Section 512(g). The accused infringing party may then issue a counter notification in the form provided in the DMCA, Section 512(g)(3). In such instance, Strength in Numbers Studios, Inc shall follow the procedures and requirements of the DMCA calling for notification to the complaining party and timely restoration of the User-Generated Content or other material alleged to be infringing.
I HEREBY ACKNOWLEDGE THAT I HAVE READ IN ITS ENTIRETY AND UNDERSTAND THE FOREGOING AGREEMENT. I AGREE THAT BY BROWSING, INSTALLING OR USING THE SERVICES I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This Terms of Use Agreement was last updated April 28th, 2017.
Privacy Policy
STRENGTH IN NUMBERS STUDIOS, INC PRIVACY POLICY
Strength in Numbers Studios, Inc Inc., a Michigan corporation (“Strength in Numbers Studios, Inc”), is committed to maximizing your experience on our website www.tueborgame.com (“Website”) within a trusted environment. This Strength in Numbers Studios, Inc Privacy Policy explains how we collect, protect, use and share information gathered about you online through our Websites. We hope this disclosure will help increase your confidence in our Websites to enhance your experience. Please note that this Privacy Policy applies only to information submitted and collected online at our Websites. It does not apply to information that you may submit to us offline, or to websites maintained by other companies or organizations to which we may link.
By using Strength in Numbers Studios, Inc’s Websites, products and services, you agree that Strength in Numbers Studios, Inc collects and processes the personally identifiable information you provide to us online at the Websites. “Personally Identifiable Information” is information that can be used to uniquely identify you such as your name, email address, demographic information such as age gender and zip code, or credit card number. If you are a resident of the European Union, Personally Identifiable Information means “personal data” within the meaning of Article 2 (a) of the Directive 95/46 of 24 October 1995.
(1) What types of information does Strength in Numbers Studios, Inc collect and how will it be used?
Strength in Numbers Studios, Inc will only use your Personally Identifiable Information to provide you with Strength in Numbers Studios, Inc products and services, or to communicate with you about such products and services or the Websites. With respect to any content or documents you may choose to upload to Strength in Numbers Studios, Inc, we take the privacy and confidentiality of such seriously. We encrypt all intellectual property content and documents, and permanently delete any redacted edits you make. If you choose to make content or a document public, we recommend you redact any and all references to people and addresses, as we can’t protect public data and we are not responsible for any violation of privacy law you may be liable for.
We employ industry standard techniques to protect against unauthorized access of data about you that we store, including Personally Identifiable Information.
We do not sell email addresses. So that we can provide you with the most efficient and enhanced experience, we may request that you register for a personal account accessible through a confidential password and screen name that you select. You may also be given the opportunity to register a player or account name when accessing one of our video game products. For purposes of registration, we collect Personally Identifiable Information about you. We also may collect your IP address, browser type, domain name, access times and referring website address. This information is collecting during registration or in response to specific requests from you, for things such as signing up for an email newsletter, chat room, or other online information service we may offer, or contacting us. Our Websites contain links through which an online user can email us. We collect Personally Identifiable Information contained in the email for the purpose of responding to a user’s questions and/or comments. From time to time, we may post on our Websites job openings at Strength in Numbers Studios, Inc and provide an email address to which interested applicants can submit their resume. Although we can assure you that any Personally Identifiable Information contained in a resume will be used solely for its intended purpose (i.e., to evaluate the applicant’s qualifications), such information is not subject to this privacy policy.
No matter what method we use to collect Personally Identifiable Information and no matter how we use that information, we will only collect the information deemed reasonably necessary to fulfill your online requests and our legitimate business objectives.
(2) Strength in Numbers Studios, Inc does not knowingly collect Personally Identifiable Information from persons under the age of 13
Our Websites are directed to a general audience, including children. The Children Online Privacy Protect Act does not allow collection of Personally Identifiable Information from persons under 13 years of age and Strength in Numbers Studios, Inc will not knowingly do so. If you are under 13 years of age you should not send Personally Identifiable Information about yourself to Strength in Numbers Studios, Inc. If Strength in Numbers Studios, Inc discovers that a person under the age of 13 has provided Strength in Numbers Studios, Inc with Personally Identifiable Information, Strength in Numbers Studios, Inc will immediately delete that person’s Personally Identifiable Information from the Websites and preclude that person from further access.
(3) What happens if I refuse to provide my Personally Identifiable Information to Strength in Numbers Studios, Inc?
If you choose not to submit Personally Identifiable Information when requested, you may not be able to access certain areas of our Websites and you may considerably limit the products and services we can provide you. To simply access our Websites, however, you do not need to give us any Personally Identifiable Information.
(4) Does Strength in Numbers Studios, Inc use cookies or other means to collect information?
You will know when Personally Identifiable Information is collected because you will be asked to fill out a form. However, we may collect some Personally Identifiable Information about you by using data collection technology, so that it may not be readily apparent to you that it is being collected. For instance, when you come to our Websites, your IP address is collected so that we know where to send information you are requesting. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. A “cookie” is a small file or record-keeping device that websites often store on a user’s computer. (You can disable cookies or set your browser to alert you when cookies are being sent to your computer.) We do not use IP addresses or cookies to collect Personally Identifiable Information, such as your name, or to link this information to Personally Identifiable Information already collected about you. This information may be used to make our Websites more interesting and useful to you. Additionally, we may combine this information with Personally Identifiable Information to identify a user in order to enforce compliance with our Terms of Service Agreement, or to protect our products and service, Websites or users to the Websites.
(5) With whom does Strength in Numbers Studios, Inc share my Personally Identifiable Information?
We do not share Personally Identifiable Information you have provided to us without your consent unless:
doing so is appropriate to carry out your own request;
we believe it is needed to enforce our Terms of Service;
we believe we are required to do so by law or to comply with legal process;
we believe it is needed to detect, prevent or address fraud, security or technical issues;
to protect our property, legal rights, or that of others.
Strength in Numbers Studios, Inc is operated from the United States. If you are visiting our Websites from outside the U.S., you agree to any processing of any Personally Identifiable Information you provide us according to this Privacy Policy.
Strength in Numbers Studios, Inc may contact you, by email or other means. For example, Strength in Numbers Studios, Inc may send you promotional emails relating to Strength in Numbers Studios, Inc or other third parties Strength in Numbers Studios, Inc feels you would be interested in, or communicate with you about your use of the Strength in Numbers Studios, Inc Websites. Strength in Numbers Studios, Inc may also use technology to alert us via a confirmation email when you open an email from us. You can modify your email notification preferences by clicking the appropriate link included in the footer of email notifications. If you do not want to receive email from Strength in Numbers Studios, Inc, please opt out of receiving emails at the bottom of any Strength in Numbers Studios, Inc emails or by editing your profile preferences.
We do not share your Personally Identifiable Information with third parties. Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Strength in Numbers Studios, Inc Websites and our products and services.
From time to time, we may employ and share your Personally Identifiable Information with vendors under our control who use it solely to provide support for the internal operations of our Websites (e.g., technical support and network delivery). These entities will not use your Personally Identifiable Information for any other purpose, and have agreed to maintain the confidentiality, security, and integrity of the Personally Identifiable Information they obtain from us.
It is our policy not to share, sell or rent your Personally Identifiable Information to any company not directly related to Strength in Numbers Studios, Inc or under our control. Strength in Numbers Studios, Inc reserves the right to share your Personally Identifiable Information with our affiliated companies. Further, Strength in Numbers Studios, Inc may sell, transfer or otherwise disclose user information, including Personally Identifiable Information, in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change. Any such transfer shall continue to be subject to this Privacy Policy.
(6) Corrections, Updates or Removal
If you wish to review, change, correct, update, or delete any Personally Identifiable Information that we may have collected about you, please contact us via email at privacy@tueborgame.com.
(7) What safeguards does Strength in Numbers Studios, Inc use to protect my Personally Identifiable Information?
We maintain appropriate safeguards that ensure the security, integrity and privacy of the Personally Identifiable Information we collect from all users. The Strength in Numbers Studios, Inc account of every user is password protected. Personal information collected by us is stored in secure operating environments that are not available to the public and are only accessible by authorized employees. We also have security measures in place to protect the loss, misuse and alteration of the information under our control.
(8) What are my privacy rights if I am located outside the United States of America?
Strength in Numbers Studios, Inc makes an effort to protect the Personally Identifiable Information of all users of our Websites. We attempt to comply with local data protection and consumer rights laws to the extent they may apply to Strength in Numbers Studios, Inc’s Websites, products and services. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personally Identifiable Information to Strength in Numbers Studios, Inc. If you are located within the European Union, you should be aware that your Personally Identifiable Information will be transferred to the United States of America, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit Personally Identifiable Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
(9) How do I ask a question or file a complaint?
If you have any questions, complaints or comments regarding our Privacy Policy or practices, please contact us via email at privacy@tueborgame.com. If you have general questions not related to privacy, you can visit our customer support page on our Websites.
(10) Changes in the Strength in Numbers Studios, Inc Privacy Policy
Strength in Numbers Studios, Inc reserves the right to make changes to this Privacy Policy at any time. If Strength in Numbers Studios, Inc changes its Privacy Policy, we will post those changes on our Websites so that you and other users are always aware of what information is collected, how it is used, and under what circumstances, if any, it is disclosed. You should also check back from time to time to ensure you are aware of any changes. If we are going to use Personally Identifiable Information in a manner different from that stated at the time of collection, we will notify you and others via email or by placing a prominent notice on our Websites.
By using the Strength in Numbers Studios, Inc Websites, you signify your consent to the Strength in Numbers Studios, Inc Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Websites. Your continued use of our Websites will signify your acceptance of these changes.
This Strength in Numbers Studios, Inc Privacy Policy was updated April 28th, 2017.
1. YOU MUST AGREE TO THIS TERMS OF USE AGREEMENT BEFORE USING THE SITES AND/OR PLAYING GAMES OR USING ANY SOFTWARE.
This Terms of Use Agreement (“Agreement”) informs you of the terms, conditions, disclaimers, notices and policies (collectively the “Terms”) that apply to your access and use of the websites of Strength in Numbers Studios, Inc., a Michigan, USA corporation (“Strength in Numbers Studios, Inc”) located at the URL www.tueborgame.com (“Site”), and any and all games provided by Strength in Numbers Studios on any platform (“Games”). Collectively, the Sites and Games are referred to as the “Services” in this Agreement. Games may be playable by one or more persons simultaneously (each a “User”), and the conduct of each such User while playing the Games or using the Sites is governed by this Agreement. This Agreement is a binding contract between you and Strength in Numbers Studios, Inc that provides for important rights and obligations. By accessing, browsing, and/or using the Services and/or playing, downloading or browsing the Games you represent to Strength in Numbers Studios, Inc that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. Strength in Numbers Studios, Inc reserves the right, at its sole and absolute discretion, to deny any user access to the Services, without notice. If you violate any of the Terms, Strength in Numbers Studios, Inc may, at its option, give you a warning notice of violation or terminate your account immediately for violation of the Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 16 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND STRENGTH IN NUMBERS STUDIOS, INC. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 16.
2. ELIGIBILITY TO ACCEPT AGREEMENT AND USE SERVICES
Strength in Numbers Studios, Inc does not knowingly collect any personal information from children under the age of 13 that falls within the Children’s Online Privacy Protection Act and Rule. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
3. STRENGTH IN NUMBERS STUDIOS, INC’S RIGHT TO MODIFY AGREEMENT
Strength in Numbers Studios, Inc may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Sites. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events that occur following the date of modification. You may not modify this Agreement without the prior written authorization of an officer of Strength in Numbers Studios, Inc. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITES AND UNINSTALL ANY GAMES YOU MAY HAVE INSTALLED ON YOUR COMPUTER AND SOCIAL NETWORK PROFILES.
4. POLICY ON PRIVACY
The Services include the Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy provided on the Sites carefully. By using the Services, you are consenting to the Privacy Policy.
5. STRENGTH IN NUMBERS STUDIOS, INC’S OWNERSHIP OF THE SERVICES AND PROPRIETARY MATERIALS
The Services contain copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by Strength in Numbers Studios, Inc. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Strength in Numbers Studios, Inc. Moreover, you may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Strength in Numbers Studios, Inc and shall be deemed to be the confidential proprietary information of Strength in Numbers Studios, Inc. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by Strength in Numbers Studios, Inc from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY STRENGTH IN NUMBERS STUDIOS, INC AND ITS LICENSORS.
6. OWNERSHIP OF IDEAS INVENTIONS AND USER SUBMISSIONS INCLUDING USER-GENERATED CONTENT
The Services provide you with access to a variety of resources, materials and downloads, and may allow you access content made available by Strength in Numbers Studios, Inc and other Users. Such content may include, without limitation, game levels, content creation tools, audio, video, film, music, text, communications, software, graphics, images, and information. All such content made available by you or by other users of the Services is referred to in this Agreement as “User-Generated Content.” As between Strength in Numbers Studios, Inc and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Services may be made freely available by Strength in Numbers Studios, Inc to others, including without limitation for download by others.
You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to Strength in Numbers Studios, Inc to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others.
All comments, feedback, suggestions, gameplay features, level designs, and other submissions (“User Ideas“) disclosed, submitted, or offered to Strength in Numbers Studios, Inc shall be the exclusive property of Strength in Numbers Studios, Inc. Unless otherwise prohibited by law, Strength in Numbers Studios, Inc may use, sell, exploit, or create derivative works from these User Ideas and, further, Strength in Numbers Studios, Inc may disclose these User Ideas to third parties or the general public, without compensation to you.
YOU ACKNOWLEDGE THAT USER IDEAS AND USER-GENERATED CONTENT ARE PROVIDED BY YOU ON A COMPLETELY VOLUNTARY BASIS. SHOULD YOU NOT WISH TO HAVE YOUR USER IDEAS AND USER-GENERATED CONTENT INCORPORATED INTO ANY GAME OR WEBSITE FUNCTIONS, YOU MAY CHOOSE NOT TO SHARE THEM WITH STRENGTH IN NUMBERS STUDIOS, INC ON THE SITES OR SERVICES.
7. PROHIBITED USER-GENERATED CONTENT
You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Services. As a condition of your use of the Services, you agree not to use the Services for any unlawful or prohibited purpose. User-Generated Content prohibited from upload, display or posting on the Services includes, without limitation, User-Generated Content that Strength in Numbers Studios, Inc determines in its sole and absolute discretion. Prohibited User-Generated Content includes anything that:
(a) constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
(b) misrepresents the source or identity of any material;
(c) is unlawful, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, create civil liability, or is otherwise offensive to Users of the Services or inappropriate;
(d) violates the rights of privacy or publicity of any person;
(e) is false or deceptive;
(f) displays pornographic or sexually explicit material of any kind;
(g) includes material that exploits people in a sexual or violent manner;
(h) Posts, uploads, transmits, or streams any unauthorized or unsolicited material that disrupts the normal flow of chat or other activities in the Services, including spam, junk mail, excessive mail, or chain letters;
(i) is an advertisement or solicitation to sell a product or service to Users of the Services, or constitutes any other commercial use of the Services, without the prior written consent of Strength in Numbers Studios, Inc;
(j) is unlawful under the laws of the United States or any individual state or locality, the laws of any foreign jurisdiction, or any international treaty or convention; or
(k) interferes with the proper functioning of the Services or Sites, or violates any other of the Terms of this Agreement.
You should not post any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms. You acknowledge that Strength in Numbers Studios, Inc is a service provider that may allow Users to interact online regarding topics and content self-chosen by the Users. Strength in Numbers Studios, Inc does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. Strength in Numbers Studios, Inc generally does not regulate and shall have no obligation to monitor any User-Generated Content. Nonetheless, Strength in Numbers Studios, Inc and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. Strength in Numbers Studios, Inc may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content. Strength in Numbers Studios, Inc also may terminate your access to the Services and refer the User-Generated Content to law enforcement if it is in violation of any federal, state or local law or regulation.
8. PROHIBITED USER CONDUCT
Subject to the permitted use of the Services granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service, or remove any proprietary notices or labels from the Service. Failure to comply with the restrictions and limitations contained in this Section 8 will result in the immediate, automatic termination of your access to the Services and may subject you to civil and/or criminal liability.
You further agree that you will not, under any circumstances:
(a) frame or otherwise display any portion of the Services or its contents that is not your User-Generated Content without prior authorization;
(b) sell, grant a security interest in, or transfer reproductions of all or any portion of the Services to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Services to others;
(c) exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Strength in Numbers Studios, Inc;
(d) host, provide or develop services for or using the Services, or intercept, emulate, disrupt, or redirect the communication protocols, hardware, software, network, or system used by Strength in Numbers Studios, Inc in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
(e) facilitate, create or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, hacks, or reverse-engineers the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Strength in Numbers Studios, Inc. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Strength in Numbers Studios, Inc;
(f) develop or allow any viruses, malware, adware, spyware, Trojan Horses, cancelbots, other automated “bots”, “auto players”, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Services; and/or to attempt to upload/utilize such devices against the Services;
(g) use vulgar, obscene, pornographic language or other behavior while in the forums, chat rooms, or other public areas that will disrupt the User experience in those areas of the Services;
(h) use the Services in connection with any games of chance, gambling, sweepstakes, lotteries, contests, surveys, chain letters, pyramid schemes or other similar services, whether or not they are used for commercial gain;
(i) collect, harvest, scrape or capture any User information, email addresses or other personal data of the Users to send unsolicited emails or any other communication, whether this is done for commercial gain; or
(j) use the Services in a manner prohibited by any applicable law or government regulation, or by these Terms.
(k) makes false reports of user abuse to Strength in Numbers Studios, Inc or affiliated companies and partners;
(l) impersonate any person, including an employee of Strength in Numbers Studios, Inc or any third party;
Strength in Numbers Studios, Inc expressly reserves the right to monitor any and all network traffic between the User(s) and the Services to prevent the use of said means to compromise the Services.
9. USER REGISTRATION AND ACCOUNT SECURITY
As a condition to using certain components of the Services, you may be required to register with Strength in Numbers Studios, Inc and select a password and screen name or user account name(“User ID”) to obtain a personal account. In cases where you do not choose a user name/screen name, Strength in Numbers Studios, Inc may automatically assign you a user ID to identify you to our servers. You agree to provide Strength in Numbers Studios, Inc with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate, automatic termination of your access to the Services. You may not select or use as a User ID a name of another person with the intent to impersonate that person; use as a User ID a name subject to any rights (including trademarks or copyrights) of a person other than you without appropriate authorization; or use as a User ID a name that is otherwise offensive, vulgar or obscene. Strength in Numbers Studios, Inc reserves the right to refuse registration of, or to cancel, a User ID in its sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that Strength in Numbers Studios, Inc cannot guaranty the accuracy of any information submitted by any User of the Services, nor any identifying information about any User. You are solely responsible for the activity that occurs through your account. You shall be solely responsible for maintaining the confidentiality of your password. You may not share your account with a third party or use the account of a third-party. You agree to notify Strength in Numbers Studios, Inc immediately in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. You may cancel your account at any time upon written notice to Strength in Numbers Studios, Inc.
10. PROMOTIONAL PROGRAMS
Strength in Numbers Studios, Inc may implement marketing and promotional programs in which Users are offered benefits or considerations based upon the performance of specified activities, the satisfaction of specified requirements, or other criteria. Any such program, including the eligibility and selection of Users, the award, compensation or other benefit to be granted Users, if any, and the duration, shall be at the sole and absolute discretion of Strength in Numbers Studios, Inc. You acquire no right or interest to participate in such program or to the impartial implementation of the program and distribution of any awards, compensation or benefits. You hereby expressly waive and disclaim any such right or interest as a material Term of this Agreement. To the extent such program may involve one or more third parties, you further expressly waive and disclaim any such right or interest against such third party. Strength in Numbers Studios, Inc may elect in its sole and absolute discretion to contact you with regard to a program. You hereby expressly authorize Strength in Numbers Studios, Inc to contact you by means of the contact information you have provided to Strength in Numbers Studios, Inc.
11. LINKS TO THIRD-PARTY WEBSITES
Solely as a convenience to Users, Strength in Numbers Studios, Inc may provide links on the Services to other websites owned by third parties. Unless otherwise expressly stated, Strength in Numbers Studios, Inc does not endorse or control these third-party websites and assumes no responsibility for them or the content contained therein.
12. USE OF THE SERVICES OUTSIDE OF THE UNITED STATES
The Services are controlled and operated by Strength in Numbers Studios, Inc in the State of Michigan, United States of America. Strength in Numbers Studios, Inc makes no representations or warranties, either express or implied, that Services and other materials available through the Services are appropriate, legally permissible or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with all federal, state and local laws. Whether or not you use the Services inside the United States of America, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any User-Generated Content, software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
13. GENERAL DISCLAIMERS
(a) THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, STRENGTH IN NUMBERS STUDIOS, INC DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, STRENGTH IN NUMBERS STUDIOS, INC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) STRENGTH IN NUMBERS STUDIOS, INC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL STRENGTH IN NUMBERS STUDIOS, INC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITES OR SERVICES, OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SERVICES ARE CONTROLLED AND PROVIDED BY STRENGTH IN NUMBERS STUDIOS, INC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. STRENGTH IN NUMBERS STUDIOS, INC MAKES NO REPRESENTATION THAT THE SITES OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITES OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.
(d) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW
STRENGTH IN NUMBERS STUDIOS, INC, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT STRENGTH IN NUMBERS STUDIOS, INC CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Strength in Numbers Studios, Inc, its offers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
16. BINDING INDIVIDUAL ARBITRATION
The term “Dispute” means any dispute, claim, or controversy between you and Strength in Numbers Studios, Inc regarding any Strength in Numbers Studios, Inc Game, product or service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 16 (with the exception of the enforceability of the Class Action Waiver clause below). Dispute is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Strength in Numbers Studios, Inc or Strength in Numbers Studios, Inc’s officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and Strength in Numbers Studios, Inc agree to seek resolution of the Dispute only through binding arbitration of that Dispute in accordance with the terms of this Section 16, and not litigate any Dispute in court. Binding arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 16, YOU MUST NOTIFY STRENGTH IN NUMBERS STUDIOS, INC IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO STRENGTH IN NUMBERS STUDIOS, INC INC., 2213 EAST GRAND RIVER AVE, LANSING, MICHIGAN, USA, ATTN: LEGAL/ARBITRATION, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH STRENGTH IN NUMBERS STUDIOS, INC THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH STRENGTH IN NUMBERS STUDIOS, INC YOU MUST SEND WRITTEN NOTICE TO STRENGTH IN NUMBERS STUDIOS, INC INC., 2213 EAST GRAND RIVER AVE, LANSING, MICHIGAN, USA USA, ATTN: LEGAL/ARBITRATION, TO GIVE STRENGTH IN NUMBERS STUDIOS, INC THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Strength in Numbers Studios, Inc does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Strength in Numbers Studios, Inc with may pursue your claim in arbitration pursuant to the terms in this Section 16.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND STRENGTH IN NUMBERS STUDIOS, INC SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Strength in Numbers Studios, Inc elect to resolve your Dispute through binding arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA“), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 16 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by Strength in Numbers Studios, Inc concern interstate commerce, the Federal Arbitration Act (“FAA“) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Strength in Numbers Studios, Inc as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Strength in Numbers Studios, Inc or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Strength in Numbers Studios, Inc may initiate arbitration in Lansing, Michigan, USA.
Severability. If any clause within this Section 16 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 16, and the remainder of this Section 16 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 16 will be unenforceable, and the Dispute will be decided by a court and you and Strength in Numbers Studios, Inc each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Survival. This Section 16 shall survive any termination of this Agreement.
17. GENERAL PROVISIONS
You agree that the Services shall be deemed exclusively based in the State of Michigan, USA, and this Agreement shall be deemed to have been made and executed exclusively in the State of Michigan, USA. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the State of Michigan, USA without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or Strength in Numbers Studios, Inc shall be commenced and maintained in any state or federal court located in Ingham County, Michigan, USA, having subject matter jurisdiction with respect to such dispute. You and Strength in Numbers Studios, Inc agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of Strength in Numbers Studios, Inc; Strength in Numbers Studios, Inc may assign this Agreement without restriction of any kind. No failure on the part of Strength in Numbers Studios, Inc to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and Strength in Numbers Studios, Inc with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
18. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
As an online service provider, Strength in Numbers Studios, Inc has adopted the following general policy regarding copyright infringement in accord with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). The address of the Strength in Numbers Studios, Inc Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:
Copyright
Strength in Numbers Studios, Inc Inc.
2213 E. Grand River Ave
Lansing, MI 48912
USA
legal@tueborgame.com
For any notice of infringement to be effective, the notice must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on the Sites and/or in the Games;
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is Strength in Numbers Studios, Inc’s policy to block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user or other content provider. If you believe that User-Generated Content or other material residing on or accessible through the Sites or Services infringes a copyright, please send a notice of copyright infringement to the Designated Agent. The notice of infringement should conform to the elements of notification provided in the DMCA, Section 512(c)(3), including: (i) contact information and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work or material infringed; (iii) identification and location the of the content claimed to be infringing so that it may be found and verified; (iv) a statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized; and (v) a statement, made under penalty of perjury, that all information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyright claimed to be infringed. Once proper infringement notification is received by the Designated Agent, Strength in Numbers Studios, Inc will remove or disable access to the claimed infringing User-Generated Content or other material; notify the accused infringing party that it has removed or disabled access to the User-Generated Content or other material; and determine appropriate measures to prevent recurrence by the accused infringing party. The DMCA requires a service provider to give prompt notification to the accused infringing party of the copyright claim and that the accused User-Generated Content or other material has been removal or access to it has been disabled. Section 512(g). The accused infringing party may then issue a counter notification in the form provided in the DMCA, Section 512(g)(3). In such instance, Strength in Numbers Studios, Inc shall follow the procedures and requirements of the DMCA calling for notification to the complaining party and timely restoration of the User-Generated Content or other material alleged to be infringing.
I HEREBY ACKNOWLEDGE THAT I HAVE READ IN ITS ENTIRETY AND UNDERSTAND THE FOREGOING AGREEMENT. I AGREE THAT BY BROWSING, INSTALLING OR USING THE SERVICES I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This Terms of Use Agreement was last updated April 28th, 2017.
Privacy Policy
STRENGTH IN NUMBERS STUDIOS, INC PRIVACY POLICY
Strength in Numbers Studios, Inc Inc., a Michigan corporation (“Strength in Numbers Studios, Inc”), is committed to maximizing your experience on our website www.tueborgame.com (“Website”) within a trusted environment. This Strength in Numbers Studios, Inc Privacy Policy explains how we collect, protect, use and share information gathered about you online through our Websites. We hope this disclosure will help increase your confidence in our Websites to enhance your experience. Please note that this Privacy Policy applies only to information submitted and collected online at our Websites. It does not apply to information that you may submit to us offline, or to websites maintained by other companies or organizations to which we may link.
By using Strength in Numbers Studios, Inc’s Websites, products and services, you agree that Strength in Numbers Studios, Inc collects and processes the personally identifiable information you provide to us online at the Websites. “Personally Identifiable Information” is information that can be used to uniquely identify you such as your name, email address, demographic information such as age gender and zip code, or credit card number. If you are a resident of the European Union, Personally Identifiable Information means “personal data” within the meaning of Article 2 (a) of the Directive 95/46 of 24 October 1995.
(1) What types of information does Strength in Numbers Studios, Inc collect and how will it be used?
Strength in Numbers Studios, Inc will only use your Personally Identifiable Information to provide you with Strength in Numbers Studios, Inc products and services, or to communicate with you about such products and services or the Websites. With respect to any content or documents you may choose to upload to Strength in Numbers Studios, Inc, we take the privacy and confidentiality of such seriously. We encrypt all intellectual property content and documents, and permanently delete any redacted edits you make. If you choose to make content or a document public, we recommend you redact any and all references to people and addresses, as we can’t protect public data and we are not responsible for any violation of privacy law you may be liable for.
We employ industry standard techniques to protect against unauthorized access of data about you that we store, including Personally Identifiable Information.
We do not sell email addresses. So that we can provide you with the most efficient and enhanced experience, we may request that you register for a personal account accessible through a confidential password and screen name that you select. You may also be given the opportunity to register a player or account name when accessing one of our video game products. For purposes of registration, we collect Personally Identifiable Information about you. We also may collect your IP address, browser type, domain name, access times and referring website address. This information is collecting during registration or in response to specific requests from you, for things such as signing up for an email newsletter, chat room, or other online information service we may offer, or contacting us. Our Websites contain links through which an online user can email us. We collect Personally Identifiable Information contained in the email for the purpose of responding to a user’s questions and/or comments. From time to time, we may post on our Websites job openings at Strength in Numbers Studios, Inc and provide an email address to which interested applicants can submit their resume. Although we can assure you that any Personally Identifiable Information contained in a resume will be used solely for its intended purpose (i.e., to evaluate the applicant’s qualifications), such information is not subject to this privacy policy.
No matter what method we use to collect Personally Identifiable Information and no matter how we use that information, we will only collect the information deemed reasonably necessary to fulfill your online requests and our legitimate business objectives.
(2) Strength in Numbers Studios, Inc does not knowingly collect Personally Identifiable Information from persons under the age of 13
Our Websites are directed to a general audience, including children. The Children Online Privacy Protect Act does not allow collection of Personally Identifiable Information from persons under 13 years of age and Strength in Numbers Studios, Inc will not knowingly do so. If you are under 13 years of age you should not send Personally Identifiable Information about yourself to Strength in Numbers Studios, Inc. If Strength in Numbers Studios, Inc discovers that a person under the age of 13 has provided Strength in Numbers Studios, Inc with Personally Identifiable Information, Strength in Numbers Studios, Inc will immediately delete that person’s Personally Identifiable Information from the Websites and preclude that person from further access.
(3) What happens if I refuse to provide my Personally Identifiable Information to Strength in Numbers Studios, Inc?
If you choose not to submit Personally Identifiable Information when requested, you may not be able to access certain areas of our Websites and you may considerably limit the products and services we can provide you. To simply access our Websites, however, you do not need to give us any Personally Identifiable Information.
(4) Does Strength in Numbers Studios, Inc use cookies or other means to collect information?
You will know when Personally Identifiable Information is collected because you will be asked to fill out a form. However, we may collect some Personally Identifiable Information about you by using data collection technology, so that it may not be readily apparent to you that it is being collected. For instance, when you come to our Websites, your IP address is collected so that we know where to send information you are requesting. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. A “cookie” is a small file or record-keeping device that websites often store on a user’s computer. (You can disable cookies or set your browser to alert you when cookies are being sent to your computer.) We do not use IP addresses or cookies to collect Personally Identifiable Information, such as your name, or to link this information to Personally Identifiable Information already collected about you. This information may be used to make our Websites more interesting and useful to you. Additionally, we may combine this information with Personally Identifiable Information to identify a user in order to enforce compliance with our Terms of Service Agreement, or to protect our products and service, Websites or users to the Websites.
(5) With whom does Strength in Numbers Studios, Inc share my Personally Identifiable Information?
We do not share Personally Identifiable Information you have provided to us without your consent unless:
doing so is appropriate to carry out your own request;
we believe it is needed to enforce our Terms of Service;
we believe we are required to do so by law or to comply with legal process;
we believe it is needed to detect, prevent or address fraud, security or technical issues;
to protect our property, legal rights, or that of others.
Strength in Numbers Studios, Inc is operated from the United States. If you are visiting our Websites from outside the U.S., you agree to any processing of any Personally Identifiable Information you provide us according to this Privacy Policy.
Strength in Numbers Studios, Inc may contact you, by email or other means. For example, Strength in Numbers Studios, Inc may send you promotional emails relating to Strength in Numbers Studios, Inc or other third parties Strength in Numbers Studios, Inc feels you would be interested in, or communicate with you about your use of the Strength in Numbers Studios, Inc Websites. Strength in Numbers Studios, Inc may also use technology to alert us via a confirmation email when you open an email from us. You can modify your email notification preferences by clicking the appropriate link included in the footer of email notifications. If you do not want to receive email from Strength in Numbers Studios, Inc, please opt out of receiving emails at the bottom of any Strength in Numbers Studios, Inc emails or by editing your profile preferences.
We do not share your Personally Identifiable Information with third parties. Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Strength in Numbers Studios, Inc Websites and our products and services.
From time to time, we may employ and share your Personally Identifiable Information with vendors under our control who use it solely to provide support for the internal operations of our Websites (e.g., technical support and network delivery). These entities will not use your Personally Identifiable Information for any other purpose, and have agreed to maintain the confidentiality, security, and integrity of the Personally Identifiable Information they obtain from us.
It is our policy not to share, sell or rent your Personally Identifiable Information to any company not directly related to Strength in Numbers Studios, Inc or under our control. Strength in Numbers Studios, Inc reserves the right to share your Personally Identifiable Information with our affiliated companies. Further, Strength in Numbers Studios, Inc may sell, transfer or otherwise disclose user information, including Personally Identifiable Information, in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change. Any such transfer shall continue to be subject to this Privacy Policy.
(6) Corrections, Updates or Removal
If you wish to review, change, correct, update, or delete any Personally Identifiable Information that we may have collected about you, please contact us via email at privacy@tueborgame.com.
(7) What safeguards does Strength in Numbers Studios, Inc use to protect my Personally Identifiable Information?
We maintain appropriate safeguards that ensure the security, integrity and privacy of the Personally Identifiable Information we collect from all users. The Strength in Numbers Studios, Inc account of every user is password protected. Personal information collected by us is stored in secure operating environments that are not available to the public and are only accessible by authorized employees. We also have security measures in place to protect the loss, misuse and alteration of the information under our control.
(8) What are my privacy rights if I am located outside the United States of America?
Strength in Numbers Studios, Inc makes an effort to protect the Personally Identifiable Information of all users of our Websites. We attempt to comply with local data protection and consumer rights laws to the extent they may apply to Strength in Numbers Studios, Inc’s Websites, products and services. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personally Identifiable Information to Strength in Numbers Studios, Inc. If you are located within the European Union, you should be aware that your Personally Identifiable Information will be transferred to the United States of America, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit Personally Identifiable Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
(9) How do I ask a question or file a complaint?
If you have any questions, complaints or comments regarding our Privacy Policy or practices, please contact us via email at privacy@tueborgame.com. If you have general questions not related to privacy, you can visit our customer support page on our Websites.
(10) Changes in the Strength in Numbers Studios, Inc Privacy Policy
Strength in Numbers Studios, Inc reserves the right to make changes to this Privacy Policy at any time. If Strength in Numbers Studios, Inc changes its Privacy Policy, we will post those changes on our Websites so that you and other users are always aware of what information is collected, how it is used, and under what circumstances, if any, it is disclosed. You should also check back from time to time to ensure you are aware of any changes. If we are going to use Personally Identifiable Information in a manner different from that stated at the time of collection, we will notify you and others via email or by placing a prominent notice on our Websites.
By using the Strength in Numbers Studios, Inc Websites, you signify your consent to the Strength in Numbers Studios, Inc Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Websites. Your continued use of our Websites will signify your acceptance of these changes.
This Strength in Numbers Studios, Inc Privacy Policy was updated April 28th, 2017.