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LAST UPDATED: June 12, 2023
Introduction. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITES OR OUR SERVICES.
These Terms of Use (this “Agreement”) governs your use and access to the Websites and Services operated by or on behalf of SerfWorks Studios, Inc. and our affiliates (“SerfWorks”, “we”, “us”, and similar pronouns), whether you access them through a web browser, by means of any software application or gaming platform, via any third-party social networking site, or by any other means.
Throughout this Agreement, we refer to the websites, blogs, community forums, and other online resources we operate or may provide from time to time (including those operated on our behalf by third parties) as our “Website(s)” and the games, products, promotions, and services we offer, for example our video games and applications, whether accessible through social media, gaming platforms, computers, mobile devices or through web-browsers and other online services as our “Services.”
BY USING OR ACCESSING OUR WEBSITES AND SERVICES, YOU AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THIS AGREEMENT AND WITH OUR PRIVACY POLICY : https://www.feudallands.com/privacy-policy/ INCLUDING ALL RULES, TERMS, CONDITIONS, RESTRICTIONS, AND NOTICES CONTAINED THEREIN. YOU FURTHER AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.
THIS AGREEMENT APPLIES TO ALL SERFWORKS WEBSITES AND SERVICES, INCLUDING OUR COMPANY WEBSITE LOCATED AT HTTPS:/WWW.SERFWORKSSTUDIOS.COM, OUR GAME WEBSITE LOCATED AT HTTPS:/WWW.FEUDALLANDS.COM/, AND ANY OTHER WEBSITES AND SERVICES THAT WE OFFER OR LINK TO THIS AGREEMENT NOW OR IN THE FUTURE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, PLEASE PROMPTLY LEAVE OUR WEBSITES AND STOP USING OUR SERVICES.
WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AND OUR PRIVACY POLICY AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ON OUR WEBSITES OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS OUR WEBSITES OR OUR SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AS AMENDED.
1. Our Policy Regarding Children. We understand the importance of protecting children. Our Websites and Services are not intended for children under the age of thirteen (13).
If you are under the age of thirteen (13) or the age of majority in your home country, do not submit any personal information to us whether via our Websites, Services, or through any link to a third-party service we may provide. In the event we learn we have inadvertently gathered personal information from a child under the age of thirteen (13) or the age of majority in your home country, we will take all steps required by law to erase and otherwise remove this information from our records.
If you are under the age of 18 but at least 13 years of age, you may use our Websites and our Services only under the supervision of a parent or legal guardian who directly agrees to be bound by the terms of this Agreement. If you are a parent or legal guardian and agreeing to the terms of this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for your child’s use of our Websites and Services, including all financial charges and legal liability your child may incur. Please familiarize yourself with these terms and the terms of our Privacy Policy.
Parents who believe we might have any information from or about a child under thirteen (13) may submit a request to team@feudallands.com and we will promptly take the necessary steps to delete all such information and to notify you of the same.
2. USER Registration. To access certain functions and applications on our Websites or Services, you may be required to register with us. During registration, you will be required to provide contact information, which may include your date of birth, email address, username, and password. You may select any username, provided that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you use your own name, you consent to it being transmitted to others through certain Website and Service functions, including our blogs and forums. SerfWorks reserves the right to reject, remove, or change any username in our sole discretion.
Certain Website and Services functions, such as the purchase of products and services, may require you to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.
This Agreement and our Privacy Policy govern the information that you provide to us through any online registration functionality. Please thoroughly review both this Agreement and our Privacy Policy before submitting any information to us.
3. Privacy Policy. The personal information you supply to us, including purchasing information, along with any information that we obtain through your use of our Websites and Services are subject to our Privacy Policy. Your use of our Websites and Services signifies your continuing consent to our Privacy Policy, which you can review any time by clicking on the foregoing hyperlink.
4. Changes to THIS AGREEMENT. We reserve the right to discontinue or change any content, service, function, or feature of our Websites and Services at any time with or without notice. We may also change the terms of this Agreement at any time.
You can review the most current version this Agreement by clicking on our Website's Terms of Use link. If you continue using our Website after we make changes to this Agreement, you signify your acceptance of our new terms. You are responsible for checking these terms periodically for any changes.
Any modification of or change to this Agreement, supersedes all previous notices or statements regarding our Websites and Services, materials, content, and applications contained therein. For this reason, we encourage you to review this Agreement often. We also recommend that you print out a copy for your records.
5. Electronic Delivery Statement and Consent. You agree that we may provide you notices and other information concerning our Websites and Services electronically, including notice to any email address that you may provide.
6. Community Guidelines. Your use of our Websites and Services are subject to this Agreement, including, without limitation, these Community Guidelines. These Community Guidelines are designed to create a positive experience for all Websites and Services users, and you agree not to violate the Agreement, including these Community Guidelines:
(i) You agree not to post or email content that defames, threatens others, makes harassing statements, violates federal or state law, discusses illegal activities with the intent to commit them, infringes the intellectual property rights of others, contains obscene (i.e., pornographic) language or images, is bullying, or is otherwise unlawful, abusive, belligerent, slanderous, racist, or highly offensive or hateful to others.
(ii) You agree to supply information that is true to the best of your knowledge.
(iii) You agree not to disclose the name, addresses, or any personal information of any third-party without that person’s or party’s express permission.
(iv) You agree that if you are under the age of 13, you will not attempt to register on our Websites or our Services or use any functionality or applications where registration is required. If you are over the age of 13, you agree not to permit or encourage any violation of this rule by anyone under the age of 13.
(v) You agree not to use our Websites and Services, including any related resource or application for unlawful purposes. You agree to never to post or exchange content, data, or files that infringe any third-party copyright, trademark, or other proprietary rights.
(vi) You agree not to share, post, send, forward, link, or otherwise transmit unauthorized copyrighted content through our Websites.
(vii) You agree that you will not share, post, send, forward, link, or otherwise transmit junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, or any other unsolicited or unauthorized commercial or promotional content, information, or communications.
(viii) You agree not to offer, advertise, or otherwise transact or propose to transact in goods, services, or other commercial activities while using our Websites and our Services without our express written permission.
(ix) You agree not to circumvent or attempt to circumvent any content protections or safeguards we or our third-party providers and affiliates may implement or provide in our Websites and Services.
(x) You agree not to engage in disruptive behavior on our Websites or our Services. Disruptive behavior includes, without limitation and subject to our sole discretion, anything that interferes with the functionality, processing, or experience of our Websites or our Services. includes, without limitation, commercial postings, solicitations, advertisements, posting repetitive text, hitting the return key excessively, and sending unwanted messages and abusive communications of any kind.
(xi) You agree not to upload files that contain viruses, worms, spyware, time bombs, corrupted data, or software that does or may damage, interfere with, or disrupt our Websites or our Services, or any of the other content we provide you.
(xii) You agree not to interfere with another user’s enjoyment of our Websites or our Services, including by sending unwanted messages and abusive communications of any kind.
(xiii) You agree not to exploit bugs, undocumented features, trap doors, design errors, or problems inherent with our Websites or Services, or content, including any resources, functionality, or applications.
7. Proprietary and Intellectual Property Rights.
“Intellectual Property Rights” means, without limitation, copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. You agree that our “Content”, whether on our Websites or within our Services, may include, without limitation, virtual assets, currencies, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics and audio-visual works, the design and appearance of our Websites and our Services as well as our characters, icons, upgrades, links, features, and other Content.
We reserve all Intellectual Property Rights in all Content contained in or included on our Websites and Services. In consideration for your assent to the terms and conditions contained in this Agreement, we grant you a personal, non-exclusive, non-transferable license to access and use our Websites and our Services. Except as otherwise stated in this Agreement, you may download material from our Websites and use our Services only for your own personal, non-commercial use. You also agree that no monetary value can be attributed to your use of our Websites or our Services, and you are using the foregoing solely for your personal entertainment value.
Unless expressly authorized by SerfWorks, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of our Content. You further agree that you many not use any of our Content, or the Content of our affiliates and third-party developers and partners, in connection with any product or service that is not authorized in advance in writing by SerfWorks; nor will you use any Content in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages SerfWorks or our affiliates or third-party developers and partners. Nothing contained in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content provided in any of our Websites and Services in any manner or form other than as a part of the foregoing Websites and Services.
The SerfWorks’ logo, name, and all graphics contained on our Websites or our Services are trademarks of SerfWorks or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained on our Website or our Services should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other Intellectual Property Rights. Use, reproduction, copying, or redistribution of any of our Intellectual Property Rights, without our prior written permission is prohibited. All trademarks or service marks appearing on the Website and in our Services not owned by SerfWorks are the marks of their respective owners.
8. Feedback and testing. SerfWorks may from time to time offer you the opportunity to offer feedback and test our Services before they are available to the public (a “Test”). In the event you offer feedback and/or participate in a Test:
(i) You represent and warrant that you are an individual over the age of 18 or if you are under 18 years of age, your parent or legal guardian has agreed to these Terms on your behalf.
(ii) You certify that (a) you are not an employee or affiliated with an organization offering a competing product to the Services; (b) you are not involved in the testing, marketing, development or production of any competing product; and (c) you are not affiliated with or acting for the benefit of anyone who is involved in such activities.
(iii) You acknowledge and agree that (a) your participation in the Test is entirely voluntary, you will not be paid to participate in the Test and you may stop participating in the Test at any time; (b) the Test will continue until it is ended by us, (c) we may end the Test at any time and in our sole discretion and (d) you will cease accessing the Services and uninstall and delete any software associated with the Test at the end of the testing period.
(iv) You agree that any feedback you provide is entirely voluntary, that all feedback is our sole and exclusive property, and that we will be free to use such feedback as we see fit and without any obligation to you, including that we will not be liable to you for any payment for any feedback you provide.
(v) You agree to not (a) disclose the results of any study, review, or benchmark tests of the Services to any third party without our prior written approval; (b) not circumvent any technical limitations or any copying or usage restriction mechanisms in the Services; (c) not reverse engineer, disassemble, decrypt, decompile, or otherwise derive the design, logic, or structure of any prototypes, software, or other tangible or intangible objects which embody the Services; or (d) not copy the Services, in whole or in part, or otherwise create derivative works of the Services.
(vi) You acknowledge that you may be required to create an account to use the Services and participate in the Test. You agree that you do not have any ownership or property interest in any such account, or in any content accessible by you as part of the Test.
(vii) You acknowledge and agree that the Services are our sole and exclusive property and nothing in these Terms conveys any ownership right in or to the Services or the right to use any of our copyrights, trademarks, logos, or other distinctive brand features outside of the Test.
(viii) YOUR PARTICIPATION IN THE TEST IS AT YOUR OWN RISK, THE SERVICES ARE PROVIDED AS-IS AND WE MAKE NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICES OR THEIR FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION, WARRANTY OF MERCHANTABILITY, WARRANTY OF ACCURACY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF QUIET ENJOYMENT, OR WARRANTY OF TITLE. FURTHER YOU AGREE THAT OUR LIABILITY IS LIMITED TO $250.00 OR TO THE MAXIMUM EXTENT PERMITTED IN YOUR JURISDICTION.
(ix) You acknowledge and agree that nothing in these Terms is intended to constitute or create an express or implied partnership, joint venture, employee, contractor, agency, or other legal relationship between you and SerfWorks and your participation in the Test does not constitute an offer of employment.
9. MODIFICATIONS. SerfWorks may enable you to create custom user experiences (“Mods”) based on our games and Services and you hereby assign all right, title, and interest in those Mods derived from our games and Services to us; we in turn grant you a non-exclusive license to use and exploit the Mod for non-commercial purposes without any obligation to us, including any obligation to pay royalties or compensation to us.
10. USER GENERATED CONTENT. SerfWorks also encourages you to publicly discuss our Services, use our Services to create custom content and streaming content on platforms such as Twitch and YouTube, and to upload your content (as applicable) to our Websites and Services (this Agreement refers to such content as “User Generated Content” or “UGC”).
Accordingly, SerfWorks grants you a limited, revocable, royalty free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Content, and related copyrights and trademarks, for the sole purpose of creating UGC in compliance with the terms of this Agreement. Your license to use our Content to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
Any social media posts or other UGC will be truthful and not misleading or deceptive regarding your honest opinion, findings, beliefs, and experience with our Services. Additionally, you agree to (i) minimize profane language and avoid political, religious, and other controversial topics; (ii) not use our Services to promote the use or sale of alcohol, illegal drugs, tobacco, firearms, weapons, or the use of any of the foregoing; (iii) avoid all discriminatory, offensive, hateful, and sexual comments and images; and, (iv) display only images, video and animations, music and sounds, trademarks, logos, products, and other copyrighted materials which you have obtained the right to use.
You own your UGC. Notwithstanding anything else in this Agreement, SerfWorks acknowledges that all right, title, and interest in and to the UGC remains with you.
11. You Grant SerfWorks Rights to the UGC You Supply. SerfWorks, including our affiliates and third-party developers, may allow you to supply UGC via our Websites or through our Services that can be viewed and accessed by others. You own your UGC. SerfWorks does not claim ownership of UGC you post on our Services or share with us. However, we need certain legal permission from you to operate our Services. Therefore, when you share, post, or upload UGC you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
We also occasionally request pictures, videos, and other content from our users. If you upload UGC at our request and we use your UGC, then we will use commercially reasonable efforts to give you credit as a contributor. Accordingly, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferrable, sub-licensable, worldwide right and license to use your name, likeness, and username to give you this credit. The exact placement, size, style of type, and all other aspects of your credit will be determined by us in our sole discretion. No casual or inadvertent failure by us to accord such credit shall be a breach of this Agreement.
By creating UGC and/or uploading UGC to our Websites or our Services, you agree not to post anything that violates this Agreement, an applicable end user licensing agreement, our Privacy Policy, or our Community Guidelines. Any content you provide that violates this Agreement, an end user licensing agreement, our Privacy Policy, or we otherwise deem objectionable for any reason may be removed.
12. You Are Responsible for UGC You Post or Supply. You understand that our forums, blogs, and public areas are public, and that you have no expectation of privacy concerning your use of any of the foregoing. Any personal information you communicate via our forums, blogs, and other public areas may be seen and used by others and may result in unsolicited communications. Because of this, we strongly encourage you avoid disclosing your personal information. We are not responsible for any information you communicate on or through these forums, blogs, and public areas.
You acknowledge and agree that you are responsible and liable for any UGC you create or post. You agree that by posting any content to our Websites and Services, you represent and warrant that: (i) you own or otherwise have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (3) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify SerfWorks and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to SerfWorks or its affiliates or third-party developers. SerfWorks has the right, but not the obligation, to monitor and edit or remove any activity or UGC from its Websites and Services.
13. No Duty to Monitor. We strive to make our Website and Services inclusive and welcoming, and we actively monitor and moderate how our community is using and engaging with our Website and Services. However, you understand and agree that we have no obligation to monitor or screen our Websites or Services, or the UGC posted to the same. You acknowledge and agree that SerfWorks has the right but not the obligation to take any of the following actions at its sole discretion:
(i) Alter, remove, or refuse to post or allow any content or message to be posted or stored on any of our Websites or Services for any or no reason.
(ii) Monitor or filter any communications that you or any third-party may post, make available, or view on any of our Websites or Services.
(iii) Disclose any content, message, or communication that you may post to any of our Websites or Services to any third-party in order to protect (1) SerfWorks and its affiliates, sponsors, employees, officers, directors, shareholders, agents, representatives, and Website and Services users and visitors; (2) comply with legal obligations or governmental requests; or (3) enforce the terms of this Agreement; or (4) for any other reason or purpose.
14. Third-party Websites. SerfWorks, including our affiliates, third-party developers, and partners, may include hyperlinks to websites and services controlled by third parties. You agree that neither SerfWorks, nor our affiliates, third-party developers, and partners, are responsible or liable for any content or claims or other materials on such third-party sites. You also agree that neither SerfWorks nor our affiliates, third-party developers and partners are responsible for any transactions or dealings between you and any third-party, nor are we responsible for any claim or loss due to a third-party site.
15. DIGITAL GOODS AND SERVICES. Our Websites and Services may have features that allow you to purchase licenses to use digital goods and features (such as characters, digital currency, in-game items, and cosmetic items). If you purchase a license to use a digital good or feature, all purchases are subject to these Terms of Use and in some cases, goods or features purchased during a Test may not transition to the retail release version. In that case, we will not provide you with a refund, but we will provide you with information that explains what, if any, credit you will receive for your purchase during a Test once the Test is concluded. In the event we no longer offer a particular Website and/or Service or the termination of this Agreement, any right you may have had to use or access any digital goods or features are forfeit, and you agree and acknowledge that you are not entitled to a refund for ay amounts you paid for such goods or features.
YOU ACKNOWLEDGE THAT SerfWorks IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY FOR USE OF our websites and services OR FOR DIGITAL PURCHASES MADE THROUGH our websites and services FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.
16. MERCHANDISE. When you place an order for products from our Websites, you agree that your order is an offer to buy the products listed in your order. All orders are subject to our acceptance and/or the acceptance of our order fulfillment partner(s), and we are not obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received before we will accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Our affiliates and partners will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Except for any products designated as final sale, non-returnable, or that otherwise do not comply with our and our affiliates’ return and refund policies we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made with a valid proof of purchase and products are returned in their original unaltered condition. We do not provide pre-paid labels for returns; you are responsible for all shipping and handling charges for returned items and you bear the risk of loss during shipment.
We do not manufacture any of the products offered on our Websites. Accordingly, we do not provide any warranties with respect to such products. However, the products offered on our Website may be covered by the manufacturer's warranty as detailed in the product's description on our Website, included with the product, or as required by applicable law. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
17. Warranty Disclaimer. SerfWorks, including our affiliates and third-party developers and partners, provides our Websites and or Services "AS IS." We make no express warranties or guarantees about our Websites or our Services.
TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT OUR WEBSITES AND SERVICES IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR WEBSITES AND SERVICES OR ANY CONTENT OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITES WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
18. Limitation of Liability. YOU AGREE THAT NEITHER SERFWORKS OR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE OUR WEBSITES, OR TO YOUR PLACEMENT OF CONTENT ON OUR WEBSITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH OUR WEBSITES. NEITHER SERFWORKS OR ITS AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR TO ANYONE CLAIMING LIABILITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS TOS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY PURCHASES MADE ON OR THROUGH THIS WEBSITE, OR YOUR PLACEMENT OF CONTENT ON OUR WEBSITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH OUR WEBSITES, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
OUR SOLE AND MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Neither SerfWorks nor its affiliates or third-party developers or partners make any representation regarding your ability to transmit and receive information from or through our Websites and Services. You acknowledge and agree that your ability to access our Websites and Services may be impaired. SerfWorks, its affiliates, third-party developers, and partners disclaim all liability resulting from or related to such events.
19. Indemnification. You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse our Websites and Services. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. Resolving Disputes. You agree that in the event of a dispute between you and SerfWorks or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration (as provided below). This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
21. Binding Arbitration. In the event our good faith dispute negotiations fail at the expiration of the 30-day period, as provided in the prior paragraph, you agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Specifically, we each agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance, and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions.
The above arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Comprehensive Arbitration Rules, but will not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees.
Further, you understand and agree that regardless of the country or state in which you live, arbitration will take place in King County, Washington, and you and we agree to submit to the personal jurisdiction of any federal or state court in King County, Washington, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
22. Class Action Waiver. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis. This means you can only bring a claim against SerfWorks or SerfWorks’ affiliates, representatives, employees, and directors in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
23. Exception TO BINDING ARBITRATION. Notwithstanding our mutual decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
24. CHANGES TO THE ARBITRATION PROVISIONS OF THIS AGREEMENT. SerfWorks agrees to provide 60-days’ notice of any changes to the arbitration provisions of this Agreement. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
25. JURISDICTION AND APPLICABLE LAW. In connection with any dispute between us, whether in arbitration or otherwise shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
26. Severability and Integration. This Agreement and any supplemental terms, policies, rules, and guidelines posted on our Websites constitute the entire agreement between you and SerfWorks and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
27. Termination. We reserve the right to terminate your use of our Websites and Services if you violate these this Agreement, our Community Guidelines, our Privacy Policy, or any of our End User License Agreements (EULAs), or any rule or guideline posted on our Websites, related to our Services, or in our Content, or for any other reason in our sole discretion.
28. INVESTIGATING Alleged Violations. To ensure that SerfWorks provides a high-quality experience for you and other users of our Websites or Services, and content, you agree that SerfWorks and its affiliates, third-party developers and partners may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of our Websites and Services. SerfWorks does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to our Websites and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated this Agreement, our Community Guidelines, or our Privacy Policy, or have furnished us with false or misleading information, or have otherwise interfered with use of our Websites and Services.
29. Claims of Copyright Infringement. SerfWorks respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Any user who is found to have infringed the rights of SerfWorks, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations is subject to immediate suspension and/or termination.
If you believe that your work has been violated on our Websites or on our Services in a way that constitutes copyright infringement, please contact us at team@feudallands.com.
30. Questions. If you have questions at any time, contact us at:
SerfWorks Studios, Inc.
21618 SE 297th Terrace
Kent, WA 98042
United States
team@feudallands.com
LAST UPDATED: June 12, 2023
SerfWorks Studios, Inc. (“SerfWorks”, “we”, “us”, and similar pronouns) takes our obligations regarding your data and privacy seriously.
So that you can clearly understand what information we gather, how and where we obtain it, and what we do with it, this Privacy Policy is organized as follows:
OUR WEBSITES, PRODUCTS, AND SERVICES
We refer to our websites, blogs, Discord, and online forums we operate or may at any time in the future operate as our “Websites”. The games, products, promotions, and services we offer, for example our video games and mobile video games, are referred to as our “Services”. Our Websites and Services may collect information from you, including your personal information, in the manner and means described below.
This Privacy Policy applies only to our Websites and Services that link to this Privacy Policy. If we change this Privacy Policy, your use, continued use, and access of our Websites and Services constitutes acceptance of such change.
BY USING ANY OF OUR WEBSITES AND SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR WEBSITES AND SERVICES.
DEFINING PERSONAL INFORMATION
Personal information is defined individually by governmental entities around the world. We consider personal information to be any data that can be used to identify you such as your name, email, address, identification numbers (such as social security number, employee number, and driver’s license number), your location data, online identifiers (such as your IP addresses, geographic location data and coordinates, and log-on IDs), and any information relating to your physical, physiological, genetic, mental, economic, cultural, or social identity. The personal information we collect is explained below, as well as why we collect it and what we use it for, and you have the right to request this information from us and to request that we remove it from our servers and systems.
If you would like us not to collect or use your personal information, or if you would like us to correct your personal information, please contact us at the email address listed in the How to Contact Us section and we will endeavor to remove or correct this information as quickly as possible.
THE SAFETY OF CHILDREN ONLINE
We recognize the importance of protecting children’s privacy online, and we are committed to complying fully with the Children’s Online Privacy Protection Act (COPPA) in the United States and similar statutes and laws around the world. We encourage parents and guardians to discuss with their children what information should be released on the Internet, especially personal information.
Although countries may apply different minimum age guidelines when determining the age at which children can access online content, our Websites and Services are not intended for children under the age of 13 or the age of majority, whichever is less. Within the United States, we do not knowingly collect personally identifiable information from children under the age of 13. Outside of the United States, we do not knowingly collect personally identifiable information from anyone under the relevant age threshold applicable to the country or jurisdiction where a user may reside. In some geographical areas, our Websites or Services may not be accessible to anyone under the age of 18, regardless of whether a parent or guardian has provided consent
If you are under the age of 13, we request that you do not submit any personal information to us. If we later learn that we have inadvertently gathered personal information from a child under the age of 13, regardless of where that child resides, we will remove this information from our records as quickly as possible.
If you believe we might have any information from or about a child under 13, please contact us immediately at the email address or mailing address listed in the How to Contact Us section and we will promptly take the necessary steps to remove all such information.
WHAT INFORMATION WE COLLECT, WHY, AND HOW WE USE IT
Depending on the manner use our Websites and Services (including the games and applications you access), we may collect a variety of information and data:
WEBSITES AND SERVICES. When you log into, access, or install our Websites or Services, we may request or you may provide your email address, username, password, security information, and information to help us in the event we need to contact you, such as your name and telephone number, forum name, third party ID (such as your Steam ID, Xbox Live ID, and PlayStation Network ID) billing information, payment account details, and the shipping address. We use this information to contact you to fulfill your requests, when we introduce new game features or products, to let you know if a problem has been discovered or corrected, and to provide you with news and information that you request from us. Generally, you may access our Websites without providing personal information, although you may be required to provide personal information to access our Services so that we can ensure that only authorized users are accessing these products.
Additionally, at your own discretion, and once you meet certain eligibility requirements, you may choose to post or upload additional facts and material about yourself and your profile, including a biography, birth date, a profile picture, your location, interests, or your occupation. Postings made on our forums are governed by our Terms of Use and this Privacy Policy. To learn more about how you can protect the information you share in our forums, please review the Section HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE.
Purchases through Third-Party Services and Distributors. When you use third-party services to purchase our Services, for example, BackerKit, Kickstarter, Valve’s Steam, Sony (PlayStation platforms and services), Microsoft (Xbox and Windows platforms and services), Google (Stadia platform and service), Epic (Epic Games platform and services) and similar distribution services, we may obtain your name, email address, online ID, country, state or province, language, date of birth, and other social information you provide to them. We may use this information to help verify your purchase, to notify you of recent updates and products, and to assist our customer support services, including identifying and resolving general issues and problems experienced by you and other Websites and Services users. When we receive this information, we will obtain, store, and remove it in accordance with this Privacy Policy and the laws of the United States and the European Union. We do not receive your credit card number or other financial information from these services.
Purchases Directly from Us. In the event we provide you a means to purchase Services directly from us, we may collect your billing information, including your name, address, telephone number, payment card number, and payment account details. We will use this information only to verify your purchase, fulfill orders, notify you of recent updates and products you might enjoy, and to assist our customer support services, including identifying and resolving general issues and problems experienced by you and other users. When we receive this information, we will obtain, store, and remove it in accordance with this Privacy Policy. By purchasing directly from us, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy so that we can verify your purchase, provide you with refunds, and to identify purchasing trends on an aggregate basis.
Information You Provide Online. When you connect to our Websites and Services through a third party, we may collect information about you from these third parties, depending on the third party’s terms of service and the privacy settings you have specified. For example, if you access our Services through Valve’s Steam, Sony PlayStation’s platforms and services, Microsoft’s Xbox and Windows platforms and services), Google’s Stadia platform and service, Epic Games platform and services, or other third-party platform or service, we may obtain certain personal information, for example, your full name, profile picture, user ID, login, email address, physical location, gender, birthday, groups and affiliations, and forum posts. We collect this information to identify where our users are coming from and how they found us. We also use this information to identify trends and interests, which helps us to build better products. If you do not want us collecting or using this information, you can often disable this feature through the settings on the third-party Websites and services you are using. If we have collected this information and you do not want us to use it or store it, please let us know and we will take steps to ensure it is removed from our servers.
Connecting to our Websites Directly. When you connect to our Websites directly from your Internet browser, we may collect your Internet IP address, type of browser, and the operating system you used. Our Websites use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses “Cookies” (which are explained in more detail later this Privacy Policy. We may also collect the date and time you accessed our Websites and the pages you visited, along with the search terms you used to find us. We collect this information in aggregate to get a better idea of how our users are finding us and what search criteria they are using. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Connecting to Us Through Your Mobile Device. If you use our Websites and Services from a mobile phone or device, we may collect information from that device, including your device type, unique identifier, and other data you chose to provide or share in accordance with your wireless provider’s terms of use. For example, a push notification from us may appear on your phone in the form of a pop-up message. We may also send push notifications and other information about our Services to your mobile device. You can manage your mobile device push notifications through your device settings and/or through other options your wireless device provider may provide. If you do not want us to send you push notifications or other information in this manner, you may disable them through the settings on your phone. By using our Websites and Services, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy. If we send you push notifications and you do not want to receive them, please let us know immediately and we will take steps to ensure your information is removed from our servers and push notification services.
Information You Provide Through Feedback. Our Websites and Services may provide you the ability to submit feedback to us, including comments, suggestions, and bugs you discover in our Services. Feedback is subject to our Terms of Use. When you submit this information to us, we may collect your name or username and email address to follow up with you or thank you for your suggestion. By using our Websites and Services, you are authorizing us to collect, store, and use your feedback information in accordance with this Privacy Policy and the laws of the United States and the European Union. If we send you a follow up email or notify you in any other way, and you do not want to receive this notification, please let us know immediately by contacting us at the email address listed in the How to Contact Us section and we will take steps to ensure it is removed from our servers and notification services.
Using Automated Collection Tools. Our Websites and Services may employ server log files and automated data collection tools, including cookies, tags, and scripts (including Google Analytics and similar services). These tools may track and collect certain information your browser sends in response, including your IP address, browser type, entrance and exit pages, URLs, platform type, duration on a page, clickstream data, pages viewed, date and time, and other information. When you access our Websites and Services through websites and services that allow us to collect such information, we may collect and associate this information with you. We use this information to identify trends, troubleshoot our games and services, and to better understand who is using our products, which helps us to identify errors more efficiently and readily and to help us design new products and services. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Information We Obtain for Specific Purposes. Occasionally, we may request information from you on a product order form, through promotions and contests, and through other online transaction forms. These requests may ask you to provide contact information (such as your name and mailing or shipping address) and, in some cases, payment information (such as credit card number and credit card expiration date). We use this information to verify orders, and to make sure that the individuals participating in our contests and promotions are eligible. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Information We Obtain through Social Media. Our Websites and Services may include social media functions and features, for example, a Facebook “Like” button or Twitter “Share” feature, or a link to Discord, Kickstarter, or Soundcloud, as examples. Through this functionality, we may collect your IP address, and the page you are visiting on our Websites or in our Services. In some cases, we may set a cookie (see definition of “cookies” below). These social media functions are often hosted by third parties, and in these cases, or in the case we provide a link to such services and functions, your interactions, and the privacy of the information you provide is subject to and governed by the privacy policy of the company providing it.
Surveys and Contests. When we conduct surveys or initiate contests, sweepstakes, or other programs, we may ask for your country, date of birth, telephone number, and other information to verify who you are and how to contact you. By entering our contests and surveys, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy.
Geographic and Telemetry Data. Websites and Services may employ tracking technologies, such as pixel tags, web beacons, and programming codes. These technologies may enable us and our partners to derive your physical location based on your IP address, which is used to verify and authenticate users and to identify abuse. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Targeted Advertising and Ad Serving Technologies. We do not use your personal information to send you targeted advertising, nor do we employ ad serving services or technology, however we reserve the right to do so, provided that such uses conform with this Privacy Policy and the laws of the United States and Europe regarding such matters.
Direct Advertising. We will always ask for your consent before sending you direct advertising, for example if we want to send you an incentive offer by email. If for any reason you receive a direct advertisement from us and believe you did not consent to it, please contact us at the email address listed in the How to Contact Us section and we will ensure that your name and email address is removed from any future direct ad. You may also review the section below, YOUR RIGHT TO CONTROL OUR USE AND STORAGE OF THE INFORMATION, to better understand your rights and our duties regarding direct advertising.
OUR USE OF COOKIES AND SIMILAR TECHNOLOGY
A “cookie” is small file that may be stored on your computer or mobile device for record-keeping purposes. Your web browser allows you to control and limit cookies on your computer. Cookies allow us to see what you may have purchased from our Site or through our Services. We collect information on our online games you have played, and we also track your play within an online game (including online games you may have purchased from a third-party website) and, if applicable, purchases that you may make within an online game. We may send you notifications based on information we learn from cookies, including notifications related to purchasing additional games or products from us, in accord with this Privacy Policy. Specifically, we may use cookies in the following ways:
We may use session cookies to make it easier for you to navigate our Websites and certain online Services. A session ID cookie expires when you close your browser. If you disable session cookies, many of the services and products we offer will not operate correctly.
In some cases, we use persistent cookies to enable us to track and target our Websites visitors’ interests and to enhance their overall experience. If you check “remember me on this computer” when logging on our Websites, we may set a persistent cookie to store your username and password so that you do not have to enter it more than once. A persistent cookie is removed when you uncheck the check box.
We may use tracking pixels or clear GIFs to collect information about your use of our Websites and Services.
We may also use Analytics, Advertising, Anti-Cheat, and Anti-Fraud technologies, and Internet log files to managing traffic on our Websites and in conjunction with our Services, to detect and solve technical problems, and to detect and prevent fraud. Analytics, Advertising, Anti-Cheat, and Anti-Fraud technologies may employ cookies to accomplish provide the data these technologies require. We currently do not respond to Do Not Track (DNT) signals. You may opt out of certain types of tracking on the web, including certain analytics and tailored advertising by changing the cookie settings in your browser or via our consent tools.
The information collected from Google Analytics cookies is stored on Google Servers and can be accessed by us. Google may also transfer this information to third parties when required to do so by law, or when such third parties process the information on Google's behalf.
Additionally, our third-party business partners and affiliates may employ cookies, although we have no control over this use or practice, nor do we have access or control over these cookies. This privacy policy only covers the use of cookies by us and does not cover the use of cookies by our advertisers or our third-party business partners and affiliates.
Please note that you can disable cookies, limit the types of cookies you allow, or set your browser to alert you when cookies are being sent. Refer to your individual web browser settings if you need help in managing your cookie preferences. By limiting your cookies, your use of certain Websites and Services features may be limited or unavailable.
WITH WHOM DO WE SHARE YOUR INFORMATION AND WHY?
We do not sell your Information. Neither we nor our third-party business partners or affiliates or developers intend to sell, share, or rent information obtained from our Websites and Services, other than as discussed in this Privacy Policy.
Merger or Acquisition. While SerfWorks does not sell, rent, or otherwise disclose personal information collected from and about its users to third parties, except as specifically stated in this Privacy Policy, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, the customer information (including your personally identifiable information) we maintain may be transferred to our successors or assigns, if permitted by and done in accordance with applicable law.
Sharing Your Information with Law Enforcement. We may release information concerning your use of our Websites and Services (including, but not limited to, public postings, registration information, network records, and geographic and tracking data) when we believe in good faith that such release is appropriate; to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order); to protect against fraudulent, abusive, or unlawful use of our Websites and Services, and to protect our rights and property (including the rights and property of our third-party business partners and affiliates); to enforce any contract between you and us, including with our third-party business partners and affiliates; and if we reasonably believe that a situation involving danger of death or injury to any person requires disclosure.
Sharing Your Information with Advertising Partners. We may allow third-party partners to set technologies and other tracking tools to collect information regarding your use of our Websites and Services, including your IP address, mobile identifiers, the pages you have visited, your location, browser information, the activities you engaged in on our Websites or through our Services, and when you visited. We or our advertising partners may also combine and share such information in an aggregate form. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party websites within their networks. Since the information is collected in aggregate, the statistics are generated anonymously. These statistics help us in connection with marketing and demographic studies as we enhance our products. SerfWorks does not link IP addresses to anything personally identifiable, which means that a user’s session will be logged but the user remains anonymous to us. SerfWorks can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use and this Privacy Policy or to protect our Services, Websites or a person or entity. If you prefer that we not share your personal information with third-party advertising partners, you may contact us at the email address listed in the How to Contact Us section.
Sharing Your Information with Other Third Parties for Email Purposes. We may share or use third party services for email processing such as MailChimp and SparkPost. When we do, we will ensure that these services comply with this Privacy Policy.
DATA RETENTION AND SECURITY
Security. SerfWorks has security measures in place to protect and prevent the loss, misuse, and alteration of the information under our control. SerfWorks uses industry standard efforts to safeguard the confidentiality of your personal identifiable information such as firewalls and encryption. While “perfect security” does not exist on the Internet, we work hard to ensure your secure use of our services.
Storage. Your information is stored primarily in the United States. We take prudent security measures to protect you and the information we collect from unauthorized access, alteration, disclosure, and destruction. These measures include encrypting your information on our servers, keeping your sensitive information on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), periodic reviews of our data collection practices and platforms, and physical security measures that guard against unauthorized access to systems where we store your information.
Retention. We will keep your information only for as long as reasonably necessary, including while your account is active and for so long as it may be required to fulfill our legal obligations. If you would like us to delete your account or request that we no longer use your information, please contact us at the email address listed in the How to Contact Us section.
WHAT WE DO IN THE EVENT OF A DATA BREACH
In the event we suspect your data has been compromised, we will contact you within 72 hours of when we become aware of such an event. If you would like to verify that your information is secure, we will do our best to reply to such requests as soon as possible. Please contact us at the email address listed in the How to Contact Us section.
HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE
Passwords. Please keep your passwords safe and secure. Do not disclose your password to any third parties or share it with any third parties and periodically change your password to help reduce the risk of unauthorized access to your account information. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should change it immediately. You may also contact us at the email address listed in the How to Contact Us section for assistance.
Using our Blogs, Forums, and other Online Functions. Be aware of who you are communicating with and what information you provide to others. Our Websites and Services may allow you to contribute to blogs, forums, boards, to receive and participate in newsfeeds, to provide others with status updates and postings made by us and other users, and to otherwise post, share, and contribute information publicly, whether through messages, invitations, chats, photos, wall posts, or other functions (“Public Postings”). Nothing requires you to disclose your identity to others through these public postings, and you should always keep in mind that these will be visible to anyone who has access to our Websites and Services. In certain instances, this same information may be visible through general Internet searches and other means of obtaining Internet information. For example, certain software tools and technology may allow non-affiliated third parties to copy, cut, and/or post your Public Postings to different locations (including to websites that are not owned or operated by us). This may result in the unauthorized use of your Public Posting information and your unwanted disclosure of this same information to third-party websites, for which we are not responsible, and in some cases, may subject you to liability for the disclosure, including, without limitation, for copyright infringement.
You should always exercise caution in all your Public Postings. We recommend that you do not provide or disclose any personal information when using our Websites and Services. If you choose to disclose your identity to third parties using any of our Websites and Services, you do so at your own risk. Neither we nor our third-party business partners, affiliates, or developers are responsible for the privacy or security of any information, personal or otherwise, when you choose to communicate or exchange such information using the functionality of the Websites and Services to post publicly.
Linking to other Services. Be cautious of linking to other services. Our Websites and Services may contain links to other sites, but we are not responsible for the privacy practices of such other sites and services, and we encourage our users to be aware that when they leave our Websites and Services through these links, they should always read and understand the privacy policies of those sites, especially those that collect personally identifiable information.
YOUR RIGHT TO CONTROL THE USE AND STORAGE OF YOUR INFORMATION
Opting Out. Our Websites and Services may provide you the opportunity to opt-out of receiving information and solicitations from us even if you did not do so at the start of our services or software. Additionally, and at any time, you have the option of removing your name and email address from any email list we maintain in order to discontinue any such future communications. To ensure removal from any such list, please follow the specific instructions within the specific Website or Service you are using. If such Website or Service does not provide you such an option, or you are unsuccessful or otherwise have questions, concerns, or problems, please feel free to contact us at the email address listed in the How to Contact Us section.
CHANGING YOUR Information. You can request that any inaccuracies about your personal information be corrected. You can also ask about whether and why we have your personal information; how we obtained it; what we have done with it; to whom we communicated your personal information; where it has been stored, processed or transferred; how long we will retain it; and the safeguards in place to protect your personal information when transferred to third parties. You can also ask us not to collect or use your personal information for certain purposes. We will respond to your request without undue delay and within 30 days. SerfWorks reserves the right to take reasonable steps to verify customer identity prior to granting access or processing changes or corrections.
If you would like to change your personal information or remove it from our records, you have any of the following choices to modify or delete such information from our database: (1) Log in with your password and modify/delete your profile; (2) Send an email or letter to SerfWorks Studios, Inc. at the address listed in the How to Contact Us section below (if you reside in the European Economic Area, mark your email for attention by our Data Protection Officer).
Removing Your Information (Right to be Forgotten). You have the right to request we remove your personal information from our Services and servers. Email us at the addresses listed in the How to Contact Us section below and we will endeavor to comply with your request as soon as practical and within 30 days. Please note that if you are still using our Services we may require your consent to retain and use such information to continue providing you these Services.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. In such cases, we will post these changes on our Websites. All modifications to this Privacy Policy become effective on the day they are posted unless stated otherwise and supersede all previous privacy policies. We recommend that you review this Privacy Policy regularly and print out a copy for your records.
COMPLIANCE WITH PRIVACY LAWS AROUND THE WORLD
The laws regarding data and information privacy are changing, and we will do our best to comply with the laws and regulations around the world where we collect and use your information. We do our best to comply with all of the following laws and regulations:
US LAWS:
The Federal Trade Commission Act (15 U.S.C. § 45), which regulates unfair or deceptive business practices and providing guidance on consumer privacy disclosures.
The Children’s Online Privacy Protection Act (COPPA). SerfWorks is committed to complying fully with the United States Children’s Online Privacy Protection Act, which regulates the online privacy of children under the age of 13.
The California Consumer Protection Action (CCPA) is a comprehensive data protection statute governing the personal information of California residents.
The California Online Privacy Protection Act (CalOPPA) regulates commercial website operators that collect California residents' personal information.
California Civil Code Section 1798.83 (Shine the Light) is a California law that requires businesses to provide customers with information regarding how their personal information is shared for marketing purposes.
California Residents. If you are a resident of California and want additional information confirming how we share your personally identifiable information with third parties for their direct marketing purposes, please email us at the addresses listed in the How to Contact Us section below.
OUTSIDE THE US:
The EU General Data Protection Regulations (GDPR), which among other requirements, requires prior user consent for certain data collection techniques (such as cookies), and the collection, storage, use, and removal of certain sensitive information.
DISPUTES AND ARBITRATION
Resolving Disputes. You agree that in the event of a dispute between you and SerfWorks or SerfWorks’ affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration (as provided below). This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Binding Arbitration. In the event our good faith dispute negotiations fail after the expiration of the 30-day period, as provided in the prior paragraph, you agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Specifically, we each agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance, and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions.
The above arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Comprehensive Arbitration Rules, but will not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees.
Further, you understand and agree that regardless of the country or state in which you live, arbitration will take place in King County, Washington, and you and we agree to submit to the personal jurisdiction of any federal or state court in King County, Washington, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. We each further agree that any arbitration related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis. This means you can only bring a claim against SerfWorks or SerfWorks’ affiliates, representatives, employees, and directors in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception. Notwithstanding our mutual decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
CHANGES. SerfWorks agrees to provide 60-days’ notice of any changes to the arbitration provisions of this Agreement. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
JURISDICTION AND APPLICABLE LAW. In connection with any dispute between us, whether in arbitration or otherwise shall be interpreted and bound by the State of Washington, United States of America, and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
Severability and Integration. This Agreement and any supplemental terms, policies, rules and guidelines posted on this Website constitute the entire agreement between you and SerfWorks and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination. We reserve the right to terminate your use of our Websites and Services if you violate these this Agreement, our Community Guidelines, our Privacy Policy, or any of our End User License Agreements (EULAs), or any rule or guideline posted on this Website or in our Services for any other reason in our sole discretion.
Alleged Violations. To ensure that SerfWorks provides a high-quality experience for you and other users of our Websites and Services, you agree that SerfWorks and its affiliates, third-party developers and partners may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of this Website and Services. SerfWorks does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to this Website and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated this Agreement, our Community Guidelines, or our Privacy Policy, or have furnished us with false or misleading information, or have otherwise interfered with use of this Website and/or our Services.
HOW TO CONTACT US
CONTACT US DIRECTLY.If you have questions about this Privacy Policy and our use of your personal information, please contact us. For users who reside in the European Economic Area, you may contact our Data Protection Officer at the email listed below. Contact us via email or postal mail at:
SerfWorks Studios, Inc.
Attention: Data Protection Officer
21618 SE 297th Terrace
Kent, WA 98042
United States
team@feudallands.com
FEUDAL LANDS and SERFWORKS STUDIOS, INC:
Terms of Use
Introduction. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITES OR OUR SERVICES.
These Terms of Use (this “Agreement”) governs your use and access to the Websites and Services operated by or on behalf of SerfWorks Studios, Inc. and our affiliates (“SerfWorks”, “we”, “us”, and similar pronouns), whether you access them through a web browser, by means of any software application or gaming platform, via any third-party social networking site, or by any other means.
Throughout this Agreement, we refer to the websites, blogs, community forums, and other online resources we operate or may provide from time to time (including those operated on our behalf by third parties) as our “Website(s)” and the games, products, promotions, and services we offer, for example our video games and applications, whether accessible through social media, gaming platforms, computers, mobile devices or through web-browsers and other online services as our “Services.”
BY USING OR ACCESSING OUR WEBSITES AND SERVICES, YOU AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THIS AGREEMENT AND WITH OUR PRIVACY POLICY : https://www.feudallands.com/privacy-policy/ INCLUDING ALL RULES, TERMS, CONDITIONS, RESTRICTIONS, AND NOTICES CONTAINED THEREIN. YOU FURTHER AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.
THIS AGREEMENT APPLIES TO ALL SERFWORKS WEBSITES AND SERVICES, INCLUDING OUR COMPANY WEBSITE LOCATED AT HTTPS:/WWW.SERFWORKSSTUDIOS.COM, OUR GAME WEBSITE LOCATED AT HTTPS:/WWW.FEUDALLANDS.COM/, AND ANY OTHER WEBSITES AND SERVICES THAT WE OFFER OR LINK TO THIS AGREEMENT NOW OR IN THE FUTURE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, PLEASE PROMPTLY LEAVE OUR WEBSITES AND STOP USING OUR SERVICES.
WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AND OUR PRIVACY POLICY AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ON OUR WEBSITES OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS OUR WEBSITES OR OUR SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AS AMENDED.
1. Our Policy Regarding Children. We understand the importance of protecting children. Our Websites and Services are not intended for children under the age of thirteen (13).
If you are under the age of thirteen (13) or the age of majority in your home country, do not submit any personal information to us whether via our Websites, Services, or through any link to a third-party service we may provide. In the event we learn we have inadvertently gathered personal information from a child under the age of thirteen (13) or the age of majority in your home country, we will take all steps required by law to erase and otherwise remove this information from our records.
If you are under the age of 18 but at least 13 years of age, you may use our Websites and our Services only under the supervision of a parent or legal guardian who directly agrees to be bound by the terms of this Agreement. If you are a parent or legal guardian and agreeing to the terms of this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for your child’s use of our Websites and Services, including all financial charges and legal liability your child may incur. Please familiarize yourself with these terms and the terms of our Privacy Policy.
Parents who believe we might have any information from or about a child under thirteen (13) may submit a request to team@feudallands.com and we will promptly take the necessary steps to delete all such information and to notify you of the same.
2. USER Registration. To access certain functions and applications on our Websites or Services, you may be required to register with us. During registration, you will be required to provide contact information, which may include your date of birth, email address, username, and password. You may select any username, provided that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you use your own name, you consent to it being transmitted to others through certain Website and Service functions, including our blogs and forums. SerfWorks reserves the right to reject, remove, or change any username in our sole discretion.
Certain Website and Services functions, such as the purchase of products and services, may require you to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.
This Agreement and our Privacy Policy govern the information that you provide to us through any online registration functionality. Please thoroughly review both this Agreement and our Privacy Policy before submitting any information to us.
3. Privacy Policy. The personal information you supply to us, including purchasing information, along with any information that we obtain through your use of our Websites and Services are subject to our Privacy Policy. Your use of our Websites and Services signifies your continuing consent to our Privacy Policy, which you can review any time by clicking on the foregoing hyperlink.
4. Changes to THIS AGREEMENT. We reserve the right to discontinue or change any content, service, function, or feature of our Websites and Services at any time with or without notice. We may also change the terms of this Agreement at any time.
You can review the most current version this Agreement by clicking on our Website's Terms of Use link. If you continue using our Website after we make changes to this Agreement, you signify your acceptance of our new terms. You are responsible for checking these terms periodically for any changes.
Any modification of or change to this Agreement, supersedes all previous notices or statements regarding our Websites and Services, materials, content, and applications contained therein. For this reason, we encourage you to review this Agreement often. We also recommend that you print out a copy for your records.
5. Electronic Delivery Statement and Consent. You agree that we may provide you notices and other information concerning our Websites and Services electronically, including notice to any email address that you may provide.
6. Community Guidelines. Your use of our Websites and Services are subject to this Agreement, including, without limitation, these Community Guidelines. These Community Guidelines are designed to create a positive experience for all Websites and Services users, and you agree not to violate the Agreement, including these Community Guidelines:
(i) You agree not to post or email content that defames, threatens others, makes harassing statements, violates federal or state law, discusses illegal activities with the intent to commit them, infringes the intellectual property rights of others, contains obscene (i.e., pornographic) language or images, is bullying, or is otherwise unlawful, abusive, belligerent, slanderous, racist, or highly offensive or hateful to others.
(ii) You agree to supply information that is true to the best of your knowledge.
(iii) You agree not to disclose the name, addresses, or any personal information of any third-party without that person’s or party’s express permission.
(iv) You agree that if you are under the age of 13, you will not attempt to register on our Websites or our Services or use any functionality or applications where registration is required. If you are over the age of 13, you agree not to permit or encourage any violation of this rule by anyone under the age of 13.
(v) You agree not to use our Websites and Services, including any related resource or application for unlawful purposes. You agree to never to post or exchange content, data, or files that infringe any third-party copyright, trademark, or other proprietary rights.
(vi) You agree not to share, post, send, forward, link, or otherwise transmit unauthorized copyrighted content through our Websites.
(vii) You agree that you will not share, post, send, forward, link, or otherwise transmit junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, or any other unsolicited or unauthorized commercial or promotional content, information, or communications.
(viii) You agree not to offer, advertise, or otherwise transact or propose to transact in goods, services, or other commercial activities while using our Websites and our Services without our express written permission.
(ix) You agree not to circumvent or attempt to circumvent any content protections or safeguards we or our third-party providers and affiliates may implement or provide in our Websites and Services.
(x) You agree not to engage in disruptive behavior on our Websites or our Services. Disruptive behavior includes, without limitation and subject to our sole discretion, anything that interferes with the functionality, processing, or experience of our Websites or our Services. includes, without limitation, commercial postings, solicitations, advertisements, posting repetitive text, hitting the return key excessively, and sending unwanted messages and abusive communications of any kind.
(xi) You agree not to upload files that contain viruses, worms, spyware, time bombs, corrupted data, or software that does or may damage, interfere with, or disrupt our Websites or our Services, or any of the other content we provide you.
(xii) You agree not to interfere with another user’s enjoyment of our Websites or our Services, including by sending unwanted messages and abusive communications of any kind.
(xiii) You agree not to exploit bugs, undocumented features, trap doors, design errors, or problems inherent with our Websites or Services, or content, including any resources, functionality, or applications.
7. Proprietary and Intellectual Property Rights.
“Intellectual Property Rights” means, without limitation, copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. You agree that our “Content”, whether on our Websites or within our Services, may include, without limitation, virtual assets, currencies, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics and audio-visual works, the design and appearance of our Websites and our Services as well as our characters, icons, upgrades, links, features, and other Content.
We reserve all Intellectual Property Rights in all Content contained in or included on our Websites and Services. In consideration for your assent to the terms and conditions contained in this Agreement, we grant you a personal, non-exclusive, non-transferable license to access and use our Websites and our Services. Except as otherwise stated in this Agreement, you may download material from our Websites and use our Services only for your own personal, non-commercial use. You also agree that no monetary value can be attributed to your use of our Websites or our Services, and you are using the foregoing solely for your personal entertainment value.
Unless expressly authorized by SerfWorks, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of our Content. You further agree that you many not use any of our Content, or the Content of our affiliates and third-party developers and partners, in connection with any product or service that is not authorized in advance in writing by SerfWorks; nor will you use any Content in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages SerfWorks or our affiliates or third-party developers and partners. Nothing contained in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content provided in any of our Websites and Services in any manner or form other than as a part of the foregoing Websites and Services.
The SerfWorks’ logo, name, and all graphics contained on our Websites or our Services are trademarks of SerfWorks or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained on our Website or our Services should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other Intellectual Property Rights. Use, reproduction, copying, or redistribution of any of our Intellectual Property Rights, without our prior written permission is prohibited. All trademarks or service marks appearing on the Website and in our Services not owned by SerfWorks are the marks of their respective owners.
8. Feedback and testing. SerfWorks may from time to time offer you the opportunity to offer feedback and test our Services before they are available to the public (a “Test”). In the event you offer feedback and/or participate in a Test:
(i) You represent and warrant that you are an individual over the age of 18 or if you are under 18 years of age, your parent or legal guardian has agreed to these Terms on your behalf.
(ii) You certify that (a) you are not an employee or affiliated with an organization offering a competing product to the Services; (b) you are not involved in the testing, marketing, development or production of any competing product; and (c) you are not affiliated with or acting for the benefit of anyone who is involved in such activities.
(iii) You acknowledge and agree that (a) your participation in the Test is entirely voluntary, you will not be paid to participate in the Test and you may stop participating in the Test at any time; (b) the Test will continue until it is ended by us, (c) we may end the Test at any time and in our sole discretion and (d) you will cease accessing the Services and uninstall and delete any software associated with the Test at the end of the testing period.
(iv) You agree that any feedback you provide is entirely voluntary, that all feedback is our sole and exclusive property, and that we will be free to use such feedback as we see fit and without any obligation to you, including that we will not be liable to you for any payment for any feedback you provide.
(v) You agree to not (a) disclose the results of any study, review, or benchmark tests of the Services to any third party without our prior written approval; (b) not circumvent any technical limitations or any copying or usage restriction mechanisms in the Services; (c) not reverse engineer, disassemble, decrypt, decompile, or otherwise derive the design, logic, or structure of any prototypes, software, or other tangible or intangible objects which embody the Services; or (d) not copy the Services, in whole or in part, or otherwise create derivative works of the Services.
(vi) You acknowledge that you may be required to create an account to use the Services and participate in the Test. You agree that you do not have any ownership or property interest in any such account, or in any content accessible by you as part of the Test.
(vii) You acknowledge and agree that the Services are our sole and exclusive property and nothing in these Terms conveys any ownership right in or to the Services or the right to use any of our copyrights, trademarks, logos, or other distinctive brand features outside of the Test.
(viii) YOUR PARTICIPATION IN THE TEST IS AT YOUR OWN RISK, THE SERVICES ARE PROVIDED AS-IS AND WE MAKE NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICES OR THEIR FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION, WARRANTY OF MERCHANTABILITY, WARRANTY OF ACCURACY, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF QUIET ENJOYMENT, OR WARRANTY OF TITLE. FURTHER YOU AGREE THAT OUR LIABILITY IS LIMITED TO $250.00 OR TO THE MAXIMUM EXTENT PERMITTED IN YOUR JURISDICTION.
(ix) You acknowledge and agree that nothing in these Terms is intended to constitute or create an express or implied partnership, joint venture, employee, contractor, agency, or other legal relationship between you and SerfWorks and your participation in the Test does not constitute an offer of employment.
9. MODIFICATIONS. SerfWorks may enable you to create custom user experiences (“Mods”) based on our games and Services and you hereby assign all right, title, and interest in those Mods derived from our games and Services to us; we in turn grant you a non-exclusive license to use and exploit the Mod for non-commercial purposes without any obligation to us, including any obligation to pay royalties or compensation to us.
10. USER GENERATED CONTENT. SerfWorks also encourages you to publicly discuss our Services, use our Services to create custom content and streaming content on platforms such as Twitch and YouTube, and to upload your content (as applicable) to our Websites and Services (this Agreement refers to such content as “User Generated Content” or “UGC”).
Accordingly, SerfWorks grants you a limited, revocable, royalty free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Content, and related copyrights and trademarks, for the sole purpose of creating UGC in compliance with the terms of this Agreement. Your license to use our Content to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
Any social media posts or other UGC will be truthful and not misleading or deceptive regarding your honest opinion, findings, beliefs, and experience with our Services. Additionally, you agree to (i) minimize profane language and avoid political, religious, and other controversial topics; (ii) not use our Services to promote the use or sale of alcohol, illegal drugs, tobacco, firearms, weapons, or the use of any of the foregoing; (iii) avoid all discriminatory, offensive, hateful, and sexual comments and images; and, (iv) display only images, video and animations, music and sounds, trademarks, logos, products, and other copyrighted materials which you have obtained the right to use.
You own your UGC. Notwithstanding anything else in this Agreement, SerfWorks acknowledges that all right, title, and interest in and to the UGC remains with you.
11. You Grant SerfWorks Rights to the UGC You Supply. SerfWorks, including our affiliates and third-party developers, may allow you to supply UGC via our Websites or through our Services that can be viewed and accessed by others. You own your UGC. SerfWorks does not claim ownership of UGC you post on our Services or share with us. However, we need certain legal permission from you to operate our Services. Therefore, when you share, post, or upload UGC you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
We also occasionally request pictures, videos, and other content from our users. If you upload UGC at our request and we use your UGC, then we will use commercially reasonable efforts to give you credit as a contributor. Accordingly, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferrable, sub-licensable, worldwide right and license to use your name, likeness, and username to give you this credit. The exact placement, size, style of type, and all other aspects of your credit will be determined by us in our sole discretion. No casual or inadvertent failure by us to accord such credit shall be a breach of this Agreement.
By creating UGC and/or uploading UGC to our Websites or our Services, you agree not to post anything that violates this Agreement, an applicable end user licensing agreement, our Privacy Policy, or our Community Guidelines. Any content you provide that violates this Agreement, an end user licensing agreement, our Privacy Policy, or we otherwise deem objectionable for any reason may be removed.
12. You Are Responsible for UGC You Post or Supply. You understand that our forums, blogs, and public areas are public, and that you have no expectation of privacy concerning your use of any of the foregoing. Any personal information you communicate via our forums, blogs, and other public areas may be seen and used by others and may result in unsolicited communications. Because of this, we strongly encourage you avoid disclosing your personal information. We are not responsible for any information you communicate on or through these forums, blogs, and public areas.
You acknowledge and agree that you are responsible and liable for any UGC you create or post. You agree that by posting any content to our Websites and Services, you represent and warrant that: (i) you own or otherwise have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (3) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify SerfWorks and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to SerfWorks or its affiliates or third-party developers. SerfWorks has the right, but not the obligation, to monitor and edit or remove any activity or UGC from its Websites and Services.
13. No Duty to Monitor. We strive to make our Website and Services inclusive and welcoming, and we actively monitor and moderate how our community is using and engaging with our Website and Services. However, you understand and agree that we have no obligation to monitor or screen our Websites or Services, or the UGC posted to the same. You acknowledge and agree that SerfWorks has the right but not the obligation to take any of the following actions at its sole discretion:
(i) Alter, remove, or refuse to post or allow any content or message to be posted or stored on any of our Websites or Services for any or no reason.
(ii) Monitor or filter any communications that you or any third-party may post, make available, or view on any of our Websites or Services.
(iii) Disclose any content, message, or communication that you may post to any of our Websites or Services to any third-party in order to protect (1) SerfWorks and its affiliates, sponsors, employees, officers, directors, shareholders, agents, representatives, and Website and Services users and visitors; (2) comply with legal obligations or governmental requests; or (3) enforce the terms of this Agreement; or (4) for any other reason or purpose.
14. Third-party Websites. SerfWorks, including our affiliates, third-party developers, and partners, may include hyperlinks to websites and services controlled by third parties. You agree that neither SerfWorks, nor our affiliates, third-party developers, and partners, are responsible or liable for any content or claims or other materials on such third-party sites. You also agree that neither SerfWorks nor our affiliates, third-party developers and partners are responsible for any transactions or dealings between you and any third-party, nor are we responsible for any claim or loss due to a third-party site.
15. DIGITAL GOODS AND SERVICES. Our Websites and Services may have features that allow you to purchase licenses to use digital goods and features (such as characters, digital currency, in-game items, and cosmetic items). If you purchase a license to use a digital good or feature, all purchases are subject to these Terms of Use and in some cases, goods or features purchased during a Test may not transition to the retail release version. In that case, we will not provide you with a refund, but we will provide you with information that explains what, if any, credit you will receive for your purchase during a Test once the Test is concluded. In the event we no longer offer a particular Website and/or Service or the termination of this Agreement, any right you may have had to use or access any digital goods or features are forfeit, and you agree and acknowledge that you are not entitled to a refund for ay amounts you paid for such goods or features.
YOU ACKNOWLEDGE THAT SerfWorks IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY FOR USE OF our websites and services OR FOR DIGITAL PURCHASES MADE THROUGH our websites and services FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.
16. MERCHANDISE. When you place an order for products from our Websites, you agree that your order is an offer to buy the products listed in your order. All orders are subject to our acceptance and/or the acceptance of our order fulfillment partner(s), and we are not obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received before we will accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Our affiliates and partners will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Except for any products designated as final sale, non-returnable, or that otherwise do not comply with our and our affiliates’ return and refund policies we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made with a valid proof of purchase and products are returned in their original unaltered condition. We do not provide pre-paid labels for returns; you are responsible for all shipping and handling charges for returned items and you bear the risk of loss during shipment.
We do not manufacture any of the products offered on our Websites. Accordingly, we do not provide any warranties with respect to such products. However, the products offered on our Website may be covered by the manufacturer's warranty as detailed in the product's description on our Website, included with the product, or as required by applicable law. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
17. Warranty Disclaimer. SerfWorks, including our affiliates and third-party developers and partners, provides our Websites and or Services "AS IS." We make no express warranties or guarantees about our Websites or our Services.
TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT OUR WEBSITES AND SERVICES IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR WEBSITES AND SERVICES OR ANY CONTENT OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITES WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
18. Limitation of Liability. YOU AGREE THAT NEITHER SERFWORKS OR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE OUR WEBSITES, OR TO YOUR PLACEMENT OF CONTENT ON OUR WEBSITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH OUR WEBSITES. NEITHER SERFWORKS OR ITS AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR TO ANYONE CLAIMING LIABILITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS TOS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY PURCHASES MADE ON OR THROUGH THIS WEBSITE, OR YOUR PLACEMENT OF CONTENT ON OUR WEBSITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH OUR WEBSITES, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
OUR SOLE AND MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Neither SerfWorks nor its affiliates or third-party developers or partners make any representation regarding your ability to transmit and receive information from or through our Websites and Services. You acknowledge and agree that your ability to access our Websites and Services may be impaired. SerfWorks, its affiliates, third-party developers, and partners disclaim all liability resulting from or related to such events.
19. Indemnification. You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse our Websites and Services. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. Resolving Disputes. You agree that in the event of a dispute between you and SerfWorks or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration (as provided below). This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
21. Binding Arbitration. In the event our good faith dispute negotiations fail at the expiration of the 30-day period, as provided in the prior paragraph, you agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Specifically, we each agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance, and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions.
The above arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Comprehensive Arbitration Rules, but will not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees.
Further, you understand and agree that regardless of the country or state in which you live, arbitration will take place in King County, Washington, and you and we agree to submit to the personal jurisdiction of any federal or state court in King County, Washington, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
22. Class Action Waiver. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis. This means you can only bring a claim against SerfWorks or SerfWorks’ affiliates, representatives, employees, and directors in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
23. Exception TO BINDING ARBITRATION. Notwithstanding our mutual decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
24. CHANGES TO THE ARBITRATION PROVISIONS OF THIS AGREEMENT. SerfWorks agrees to provide 60-days’ notice of any changes to the arbitration provisions of this Agreement. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
25. JURISDICTION AND APPLICABLE LAW. In connection with any dispute between us, whether in arbitration or otherwise shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
26. Severability and Integration. This Agreement and any supplemental terms, policies, rules, and guidelines posted on our Websites constitute the entire agreement between you and SerfWorks and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
27. Termination. We reserve the right to terminate your use of our Websites and Services if you violate these this Agreement, our Community Guidelines, our Privacy Policy, or any of our End User License Agreements (EULAs), or any rule or guideline posted on our Websites, related to our Services, or in our Content, or for any other reason in our sole discretion.
28. INVESTIGATING Alleged Violations. To ensure that SerfWorks provides a high-quality experience for you and other users of our Websites or Services, and content, you agree that SerfWorks and its affiliates, third-party developers and partners may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of our Websites and Services. SerfWorks does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to our Websites and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated this Agreement, our Community Guidelines, or our Privacy Policy, or have furnished us with false or misleading information, or have otherwise interfered with use of our Websites and Services.
29. Claims of Copyright Infringement. SerfWorks respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Any user who is found to have infringed the rights of SerfWorks, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations is subject to immediate suspension and/or termination.
If you believe that your work has been violated on our Websites or on our Services in a way that constitutes copyright infringement, please contact us at team@feudallands.com.
30. Questions. If you have questions at any time, contact us at:
SerfWorks Studios, Inc.
21618 SE 297th Terrace
Kent, WA 98042
United States
team@feudallands.com
FEUDAL LANDS and SERFWORKS STUDIOS, INC:
Privacy Policy
LAST UPDATED: June 12, 2023
PRIVACY POLICY
SerfWorks Studios, Inc. (“SerfWorks”, “we”, “us”, and similar pronouns) takes our obligations regarding your data and privacy seriously.
So that you can clearly understand what information we gather, how and where we obtain it, and what we do with it, this Privacy Policy is organized as follows:
- OUR WEBSITES, PRODUCTS, AND SERVICES
- DEFINING PERSONAL INFORMATION?
- THE SAFETY OF CHILDREN ONLINE
- WHAT INFORMATION WE COLLECT, WHY, AND HOW WE USE IT
- OUR USE OF COOKIES AND SIMILAR TECHNOLOGY
- WITH WHOM DO WE SHARE YOUR INFORMATION AND WHY?
- DATA RETENTION AND SECURITY
- WHAT WE DO IN THE EVENT OF A DATA BREACH
- HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE
- YOUR RIGHT TO CONTROL THE USE AND STORAGE OF YOUR INFORMATION
- CHANGES TO OUR PRIVACY POLICY
- COMPLIANCE WITH PRIVACY LAWS AROUND THE WORLD
- DISPUTES AND ARBITRATION
- HOW TO CONTACT US
OUR WEBSITES, PRODUCTS, AND SERVICES
We refer to our websites, blogs, Discord, and online forums we operate or may at any time in the future operate as our “Websites”. The games, products, promotions, and services we offer, for example our video games and mobile video games, are referred to as our “Services”. Our Websites and Services may collect information from you, including your personal information, in the manner and means described below.
This Privacy Policy applies only to our Websites and Services that link to this Privacy Policy. If we change this Privacy Policy, your use, continued use, and access of our Websites and Services constitutes acceptance of such change.
BY USING ANY OF OUR WEBSITES AND SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR WEBSITES AND SERVICES.
DEFINING PERSONAL INFORMATION
Personal information is defined individually by governmental entities around the world. We consider personal information to be any data that can be used to identify you such as your name, email, address, identification numbers (such as social security number, employee number, and driver’s license number), your location data, online identifiers (such as your IP addresses, geographic location data and coordinates, and log-on IDs), and any information relating to your physical, physiological, genetic, mental, economic, cultural, or social identity. The personal information we collect is explained below, as well as why we collect it and what we use it for, and you have the right to request this information from us and to request that we remove it from our servers and systems.
If you would like us not to collect or use your personal information, or if you would like us to correct your personal information, please contact us at the email address listed in the How to Contact Us section and we will endeavor to remove or correct this information as quickly as possible.
THE SAFETY OF CHILDREN ONLINE
We recognize the importance of protecting children’s privacy online, and we are committed to complying fully with the Children’s Online Privacy Protection Act (COPPA) in the United States and similar statutes and laws around the world. We encourage parents and guardians to discuss with their children what information should be released on the Internet, especially personal information.
Although countries may apply different minimum age guidelines when determining the age at which children can access online content, our Websites and Services are not intended for children under the age of 13 or the age of majority, whichever is less. Within the United States, we do not knowingly collect personally identifiable information from children under the age of 13. Outside of the United States, we do not knowingly collect personally identifiable information from anyone under the relevant age threshold applicable to the country or jurisdiction where a user may reside. In some geographical areas, our Websites or Services may not be accessible to anyone under the age of 18, regardless of whether a parent or guardian has provided consent
If you are under the age of 13, we request that you do not submit any personal information to us. If we later learn that we have inadvertently gathered personal information from a child under the age of 13, regardless of where that child resides, we will remove this information from our records as quickly as possible.
If you believe we might have any information from or about a child under 13, please contact us immediately at the email address or mailing address listed in the How to Contact Us section and we will promptly take the necessary steps to remove all such information.
WHAT INFORMATION WE COLLECT, WHY, AND HOW WE USE IT
Depending on the manner use our Websites and Services (including the games and applications you access), we may collect a variety of information and data:
WEBSITES AND SERVICES. When you log into, access, or install our Websites or Services, we may request or you may provide your email address, username, password, security information, and information to help us in the event we need to contact you, such as your name and telephone number, forum name, third party ID (such as your Steam ID, Xbox Live ID, and PlayStation Network ID) billing information, payment account details, and the shipping address. We use this information to contact you to fulfill your requests, when we introduce new game features or products, to let you know if a problem has been discovered or corrected, and to provide you with news and information that you request from us. Generally, you may access our Websites without providing personal information, although you may be required to provide personal information to access our Services so that we can ensure that only authorized users are accessing these products.
Additionally, at your own discretion, and once you meet certain eligibility requirements, you may choose to post or upload additional facts and material about yourself and your profile, including a biography, birth date, a profile picture, your location, interests, or your occupation. Postings made on our forums are governed by our Terms of Use and this Privacy Policy. To learn more about how you can protect the information you share in our forums, please review the Section HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE.
Purchases through Third-Party Services and Distributors. When you use third-party services to purchase our Services, for example, BackerKit, Kickstarter, Valve’s Steam, Sony (PlayStation platforms and services), Microsoft (Xbox and Windows platforms and services), Google (Stadia platform and service), Epic (Epic Games platform and services) and similar distribution services, we may obtain your name, email address, online ID, country, state or province, language, date of birth, and other social information you provide to them. We may use this information to help verify your purchase, to notify you of recent updates and products, and to assist our customer support services, including identifying and resolving general issues and problems experienced by you and other Websites and Services users. When we receive this information, we will obtain, store, and remove it in accordance with this Privacy Policy and the laws of the United States and the European Union. We do not receive your credit card number or other financial information from these services.
Purchases Directly from Us. In the event we provide you a means to purchase Services directly from us, we may collect your billing information, including your name, address, telephone number, payment card number, and payment account details. We will use this information only to verify your purchase, fulfill orders, notify you of recent updates and products you might enjoy, and to assist our customer support services, including identifying and resolving general issues and problems experienced by you and other users. When we receive this information, we will obtain, store, and remove it in accordance with this Privacy Policy. By purchasing directly from us, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy so that we can verify your purchase, provide you with refunds, and to identify purchasing trends on an aggregate basis.
Information You Provide Online. When you connect to our Websites and Services through a third party, we may collect information about you from these third parties, depending on the third party’s terms of service and the privacy settings you have specified. For example, if you access our Services through Valve’s Steam, Sony PlayStation’s platforms and services, Microsoft’s Xbox and Windows platforms and services), Google’s Stadia platform and service, Epic Games platform and services, or other third-party platform or service, we may obtain certain personal information, for example, your full name, profile picture, user ID, login, email address, physical location, gender, birthday, groups and affiliations, and forum posts. We collect this information to identify where our users are coming from and how they found us. We also use this information to identify trends and interests, which helps us to build better products. If you do not want us collecting or using this information, you can often disable this feature through the settings on the third-party Websites and services you are using. If we have collected this information and you do not want us to use it or store it, please let us know and we will take steps to ensure it is removed from our servers.
Connecting to our Websites Directly. When you connect to our Websites directly from your Internet browser, we may collect your Internet IP address, type of browser, and the operating system you used. Our Websites use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses “Cookies” (which are explained in more detail later this Privacy Policy. We may also collect the date and time you accessed our Websites and the pages you visited, along with the search terms you used to find us. We collect this information in aggregate to get a better idea of how our users are finding us and what search criteria they are using. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Connecting to Us Through Your Mobile Device. If you use our Websites and Services from a mobile phone or device, we may collect information from that device, including your device type, unique identifier, and other data you chose to provide or share in accordance with your wireless provider’s terms of use. For example, a push notification from us may appear on your phone in the form of a pop-up message. We may also send push notifications and other information about our Services to your mobile device. You can manage your mobile device push notifications through your device settings and/or through other options your wireless device provider may provide. If you do not want us to send you push notifications or other information in this manner, you may disable them through the settings on your phone. By using our Websites and Services, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy. If we send you push notifications and you do not want to receive them, please let us know immediately and we will take steps to ensure your information is removed from our servers and push notification services.
Information You Provide Through Feedback. Our Websites and Services may provide you the ability to submit feedback to us, including comments, suggestions, and bugs you discover in our Services. Feedback is subject to our Terms of Use. When you submit this information to us, we may collect your name or username and email address to follow up with you or thank you for your suggestion. By using our Websites and Services, you are authorizing us to collect, store, and use your feedback information in accordance with this Privacy Policy and the laws of the United States and the European Union. If we send you a follow up email or notify you in any other way, and you do not want to receive this notification, please let us know immediately by contacting us at the email address listed in the How to Contact Us section and we will take steps to ensure it is removed from our servers and notification services.
Using Automated Collection Tools. Our Websites and Services may employ server log files and automated data collection tools, including cookies, tags, and scripts (including Google Analytics and similar services). These tools may track and collect certain information your browser sends in response, including your IP address, browser type, entrance and exit pages, URLs, platform type, duration on a page, clickstream data, pages viewed, date and time, and other information. When you access our Websites and Services through websites and services that allow us to collect such information, we may collect and associate this information with you. We use this information to identify trends, troubleshoot our games and services, and to better understand who is using our products, which helps us to identify errors more efficiently and readily and to help us design new products and services. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Information We Obtain for Specific Purposes. Occasionally, we may request information from you on a product order form, through promotions and contests, and through other online transaction forms. These requests may ask you to provide contact information (such as your name and mailing or shipping address) and, in some cases, payment information (such as credit card number and credit card expiration date). We use this information to verify orders, and to make sure that the individuals participating in our contests and promotions are eligible. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Information We Obtain through Social Media. Our Websites and Services may include social media functions and features, for example, a Facebook “Like” button or Twitter “Share” feature, or a link to Discord, Kickstarter, or Soundcloud, as examples. Through this functionality, we may collect your IP address, and the page you are visiting on our Websites or in our Services. In some cases, we may set a cookie (see definition of “cookies” below). These social media functions are often hosted by third parties, and in these cases, or in the case we provide a link to such services and functions, your interactions, and the privacy of the information you provide is subject to and governed by the privacy policy of the company providing it.
Surveys and Contests. When we conduct surveys or initiate contests, sweepstakes, or other programs, we may ask for your country, date of birth, telephone number, and other information to verify who you are and how to contact you. By entering our contests and surveys, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy.
Geographic and Telemetry Data. Websites and Services may employ tracking technologies, such as pixel tags, web beacons, and programming codes. These technologies may enable us and our partners to derive your physical location based on your IP address, which is used to verify and authenticate users and to identify abuse. By using our Websites and Services, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy.
Targeted Advertising and Ad Serving Technologies. We do not use your personal information to send you targeted advertising, nor do we employ ad serving services or technology, however we reserve the right to do so, provided that such uses conform with this Privacy Policy and the laws of the United States and Europe regarding such matters.
Direct Advertising. We will always ask for your consent before sending you direct advertising, for example if we want to send you an incentive offer by email. If for any reason you receive a direct advertisement from us and believe you did not consent to it, please contact us at the email address listed in the How to Contact Us section and we will ensure that your name and email address is removed from any future direct ad. You may also review the section below, YOUR RIGHT TO CONTROL OUR USE AND STORAGE OF THE INFORMATION, to better understand your rights and our duties regarding direct advertising.
OUR USE OF COOKIES AND SIMILAR TECHNOLOGY
A “cookie” is small file that may be stored on your computer or mobile device for record-keeping purposes. Your web browser allows you to control and limit cookies on your computer. Cookies allow us to see what you may have purchased from our Site or through our Services. We collect information on our online games you have played, and we also track your play within an online game (including online games you may have purchased from a third-party website) and, if applicable, purchases that you may make within an online game. We may send you notifications based on information we learn from cookies, including notifications related to purchasing additional games or products from us, in accord with this Privacy Policy. Specifically, we may use cookies in the following ways:
We may use session cookies to make it easier for you to navigate our Websites and certain online Services. A session ID cookie expires when you close your browser. If you disable session cookies, many of the services and products we offer will not operate correctly.
In some cases, we use persistent cookies to enable us to track and target our Websites visitors’ interests and to enhance their overall experience. If you check “remember me on this computer” when logging on our Websites, we may set a persistent cookie to store your username and password so that you do not have to enter it more than once. A persistent cookie is removed when you uncheck the check box.
We may use tracking pixels or clear GIFs to collect information about your use of our Websites and Services.
We may also use Analytics, Advertising, Anti-Cheat, and Anti-Fraud technologies, and Internet log files to managing traffic on our Websites and in conjunction with our Services, to detect and solve technical problems, and to detect and prevent fraud. Analytics, Advertising, Anti-Cheat, and Anti-Fraud technologies may employ cookies to accomplish provide the data these technologies require. We currently do not respond to Do Not Track (DNT) signals. You may opt out of certain types of tracking on the web, including certain analytics and tailored advertising by changing the cookie settings in your browser or via our consent tools.
The information collected from Google Analytics cookies is stored on Google Servers and can be accessed by us. Google may also transfer this information to third parties when required to do so by law, or when such third parties process the information on Google's behalf.
Additionally, our third-party business partners and affiliates may employ cookies, although we have no control over this use or practice, nor do we have access or control over these cookies. This privacy policy only covers the use of cookies by us and does not cover the use of cookies by our advertisers or our third-party business partners and affiliates.
Please note that you can disable cookies, limit the types of cookies you allow, or set your browser to alert you when cookies are being sent. Refer to your individual web browser settings if you need help in managing your cookie preferences. By limiting your cookies, your use of certain Websites and Services features may be limited or unavailable.
WITH WHOM DO WE SHARE YOUR INFORMATION AND WHY?
We do not sell your Information. Neither we nor our third-party business partners or affiliates or developers intend to sell, share, or rent information obtained from our Websites and Services, other than as discussed in this Privacy Policy.
Merger or Acquisition. While SerfWorks does not sell, rent, or otherwise disclose personal information collected from and about its users to third parties, except as specifically stated in this Privacy Policy, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, the customer information (including your personally identifiable information) we maintain may be transferred to our successors or assigns, if permitted by and done in accordance with applicable law.
Sharing Your Information with Law Enforcement. We may release information concerning your use of our Websites and Services (including, but not limited to, public postings, registration information, network records, and geographic and tracking data) when we believe in good faith that such release is appropriate; to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order); to protect against fraudulent, abusive, or unlawful use of our Websites and Services, and to protect our rights and property (including the rights and property of our third-party business partners and affiliates); to enforce any contract between you and us, including with our third-party business partners and affiliates; and if we reasonably believe that a situation involving danger of death or injury to any person requires disclosure.
Sharing Your Information with Advertising Partners. We may allow third-party partners to set technologies and other tracking tools to collect information regarding your use of our Websites and Services, including your IP address, mobile identifiers, the pages you have visited, your location, browser information, the activities you engaged in on our Websites or through our Services, and when you visited. We or our advertising partners may also combine and share such information in an aggregate form. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party websites within their networks. Since the information is collected in aggregate, the statistics are generated anonymously. These statistics help us in connection with marketing and demographic studies as we enhance our products. SerfWorks does not link IP addresses to anything personally identifiable, which means that a user’s session will be logged but the user remains anonymous to us. SerfWorks can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use and this Privacy Policy or to protect our Services, Websites or a person or entity. If you prefer that we not share your personal information with third-party advertising partners, you may contact us at the email address listed in the How to Contact Us section.
Sharing Your Information with Other Third Parties for Email Purposes. We may share or use third party services for email processing such as MailChimp and SparkPost. When we do, we will ensure that these services comply with this Privacy Policy.
DATA RETENTION AND SECURITY
Security. SerfWorks has security measures in place to protect and prevent the loss, misuse, and alteration of the information under our control. SerfWorks uses industry standard efforts to safeguard the confidentiality of your personal identifiable information such as firewalls and encryption. While “perfect security” does not exist on the Internet, we work hard to ensure your secure use of our services.
Storage. Your information is stored primarily in the United States. We take prudent security measures to protect you and the information we collect from unauthorized access, alteration, disclosure, and destruction. These measures include encrypting your information on our servers, keeping your sensitive information on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), periodic reviews of our data collection practices and platforms, and physical security measures that guard against unauthorized access to systems where we store your information.
Retention. We will keep your information only for as long as reasonably necessary, including while your account is active and for so long as it may be required to fulfill our legal obligations. If you would like us to delete your account or request that we no longer use your information, please contact us at the email address listed in the How to Contact Us section.
WHAT WE DO IN THE EVENT OF A DATA BREACH
In the event we suspect your data has been compromised, we will contact you within 72 hours of when we become aware of such an event. If you would like to verify that your information is secure, we will do our best to reply to such requests as soon as possible. Please contact us at the email address listed in the How to Contact Us section.
HOW YOU CAN HELP KEEP YOUR INFORMATION SECURE
Passwords. Please keep your passwords safe and secure. Do not disclose your password to any third parties or share it with any third parties and periodically change your password to help reduce the risk of unauthorized access to your account information. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should change it immediately. You may also contact us at the email address listed in the How to Contact Us section for assistance.
Using our Blogs, Forums, and other Online Functions. Be aware of who you are communicating with and what information you provide to others. Our Websites and Services may allow you to contribute to blogs, forums, boards, to receive and participate in newsfeeds, to provide others with status updates and postings made by us and other users, and to otherwise post, share, and contribute information publicly, whether through messages, invitations, chats, photos, wall posts, or other functions (“Public Postings”). Nothing requires you to disclose your identity to others through these public postings, and you should always keep in mind that these will be visible to anyone who has access to our Websites and Services. In certain instances, this same information may be visible through general Internet searches and other means of obtaining Internet information. For example, certain software tools and technology may allow non-affiliated third parties to copy, cut, and/or post your Public Postings to different locations (including to websites that are not owned or operated by us). This may result in the unauthorized use of your Public Posting information and your unwanted disclosure of this same information to third-party websites, for which we are not responsible, and in some cases, may subject you to liability for the disclosure, including, without limitation, for copyright infringement.
You should always exercise caution in all your Public Postings. We recommend that you do not provide or disclose any personal information when using our Websites and Services. If you choose to disclose your identity to third parties using any of our Websites and Services, you do so at your own risk. Neither we nor our third-party business partners, affiliates, or developers are responsible for the privacy or security of any information, personal or otherwise, when you choose to communicate or exchange such information using the functionality of the Websites and Services to post publicly.
Linking to other Services. Be cautious of linking to other services. Our Websites and Services may contain links to other sites, but we are not responsible for the privacy practices of such other sites and services, and we encourage our users to be aware that when they leave our Websites and Services through these links, they should always read and understand the privacy policies of those sites, especially those that collect personally identifiable information.
YOUR RIGHT TO CONTROL THE USE AND STORAGE OF YOUR INFORMATION
Opting Out. Our Websites and Services may provide you the opportunity to opt-out of receiving information and solicitations from us even if you did not do so at the start of our services or software. Additionally, and at any time, you have the option of removing your name and email address from any email list we maintain in order to discontinue any such future communications. To ensure removal from any such list, please follow the specific instructions within the specific Website or Service you are using. If such Website or Service does not provide you such an option, or you are unsuccessful or otherwise have questions, concerns, or problems, please feel free to contact us at the email address listed in the How to Contact Us section.
CHANGING YOUR Information. You can request that any inaccuracies about your personal information be corrected. You can also ask about whether and why we have your personal information; how we obtained it; what we have done with it; to whom we communicated your personal information; where it has been stored, processed or transferred; how long we will retain it; and the safeguards in place to protect your personal information when transferred to third parties. You can also ask us not to collect or use your personal information for certain purposes. We will respond to your request without undue delay and within 30 days. SerfWorks reserves the right to take reasonable steps to verify customer identity prior to granting access or processing changes or corrections.
If you would like to change your personal information or remove it from our records, you have any of the following choices to modify or delete such information from our database: (1) Log in with your password and modify/delete your profile; (2) Send an email or letter to SerfWorks Studios, Inc. at the address listed in the How to Contact Us section below (if you reside in the European Economic Area, mark your email for attention by our Data Protection Officer).
Removing Your Information (Right to be Forgotten). You have the right to request we remove your personal information from our Services and servers. Email us at the addresses listed in the How to Contact Us section below and we will endeavor to comply with your request as soon as practical and within 30 days. Please note that if you are still using our Services we may require your consent to retain and use such information to continue providing you these Services.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. In such cases, we will post these changes on our Websites. All modifications to this Privacy Policy become effective on the day they are posted unless stated otherwise and supersede all previous privacy policies. We recommend that you review this Privacy Policy regularly and print out a copy for your records.
COMPLIANCE WITH PRIVACY LAWS AROUND THE WORLD
The laws regarding data and information privacy are changing, and we will do our best to comply with the laws and regulations around the world where we collect and use your information. We do our best to comply with all of the following laws and regulations:
US LAWS:
The Federal Trade Commission Act (15 U.S.C. § 45), which regulates unfair or deceptive business practices and providing guidance on consumer privacy disclosures.
The Children’s Online Privacy Protection Act (COPPA). SerfWorks is committed to complying fully with the United States Children’s Online Privacy Protection Act, which regulates the online privacy of children under the age of 13.
The California Consumer Protection Action (CCPA) is a comprehensive data protection statute governing the personal information of California residents.
The California Online Privacy Protection Act (CalOPPA) regulates commercial website operators that collect California residents' personal information.
California Civil Code Section 1798.83 (Shine the Light) is a California law that requires businesses to provide customers with information regarding how their personal information is shared for marketing purposes.
California Residents. If you are a resident of California and want additional information confirming how we share your personally identifiable information with third parties for their direct marketing purposes, please email us at the addresses listed in the How to Contact Us section below.
OUTSIDE THE US:
The EU General Data Protection Regulations (GDPR), which among other requirements, requires prior user consent for certain data collection techniques (such as cookies), and the collection, storage, use, and removal of certain sensitive information.
DISPUTES AND ARBITRATION
Resolving Disputes. You agree that in the event of a dispute between you and SerfWorks or SerfWorks’ affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration (as provided below). This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Binding Arbitration. In the event our good faith dispute negotiations fail after the expiration of the 30-day period, as provided in the prior paragraph, you agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Specifically, we each agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance, and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions.
The above arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Comprehensive Arbitration Rules, but will not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees.
Further, you understand and agree that regardless of the country or state in which you live, arbitration will take place in King County, Washington, and you and we agree to submit to the personal jurisdiction of any federal or state court in King County, Washington, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. We each further agree that any arbitration related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis. This means you can only bring a claim against SerfWorks or SerfWorks’ affiliates, representatives, employees, and directors in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception. Notwithstanding our mutual decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
CHANGES. SerfWorks agrees to provide 60-days’ notice of any changes to the arbitration provisions of this Agreement. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
JURISDICTION AND APPLICABLE LAW. In connection with any dispute between us, whether in arbitration or otherwise shall be interpreted and bound by the State of Washington, United States of America, and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
Severability and Integration. This Agreement and any supplemental terms, policies, rules and guidelines posted on this Website constitute the entire agreement between you and SerfWorks and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination. We reserve the right to terminate your use of our Websites and Services if you violate these this Agreement, our Community Guidelines, our Privacy Policy, or any of our End User License Agreements (EULAs), or any rule or guideline posted on this Website or in our Services for any other reason in our sole discretion.
Alleged Violations. To ensure that SerfWorks provides a high-quality experience for you and other users of our Websites and Services, you agree that SerfWorks and its affiliates, third-party developers and partners may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of this Website and Services. SerfWorks does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to this Website and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated this Agreement, our Community Guidelines, or our Privacy Policy, or have furnished us with false or misleading information, or have otherwise interfered with use of this Website and/or our Services.
HOW TO CONTACT US
CONTACT US DIRECTLY.If you have questions about this Privacy Policy and our use of your personal information, please contact us. For users who reside in the European Economic Area, you may contact our Data Protection Officer at the email listed below. Contact us via email or postal mail at:
SerfWorks Studios, Inc.
Attention: Data Protection Officer
21618 SE 297th Terrace
Kent, WA 98042
United States
team@feudallands.com