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Snort Studios Terms of Use
These Snort Studios Terms of Use (“Terms”) are an agreement between Snort Studios LLC, an Oregon limited liability company (“Snort Studios”, “we”, or “our”), and you (“you” or “your”). These Terms govern your access to or use of our website (“Website”) and game software (“Game”) (collectively, the Website and Game are “Services”). By accessing or using the Services, you agree to be bound by the Terms. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Services.
1. Updates to Terms. We reserve the right to update or modify the Terms at any time, and will notify you of any update or modification. Your use of the Services following any update or modification constitutes your agreement to follow and be bound by the new Terms. For this reason, we encourage you to review these Terms whenever you use the Services.
2. Modifications to the Game. The Game is provided to you for entertainment purposes only. We reserve the right, in our sole discretion and without prior notice or liability to you, to change the functionality, performance, or both, of the Game at any time. To the maximum extent provided by law, we may introduce new features, impose limits on, suspend, disable, replace, eliminate, change, update certain existing features, restrict access, or discontinue all or any part of the Game at any time or for any reason.
3. Use of the Services. You may use the Services only if you can form a binding contract with Snort Studios and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Game contains mature themes and is only intended for those 18 years old and older. You may not use the Game if you are under 18.
4. Ownership and Intellectual Property in Services. The Services are subject to trademark, game mark, trade dress, copyright, or other intellectual property rights or licenses held by Snort Studios. No right, title, or interest in the Services is transferred to you as a result of your use of the Services. We grant you a personal, worldwide, royalty free, nontransferable, nonsublicensable, revocable, and nonexclusive license to use the Services, provided that: (i) you will not transfer, give access to, copy, or distribute any part of the Services without our prior written consent; (ii) you will not attempt to reverse engineer, alter, disrupt, or modify any part of the Services; and (iii) you will comply with these Terms.
4.1. User Content. The Game may include interactive features and areas where you may create, share, post, stream, or upload content on or in connection with the Game (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. You are solely responsible for the User Content you make available through the Game and you represent and warrant that: (i) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents, and releases that are necessary to grant to us the rights specified in these Terms; and (ii) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations. You agree that the Game may display the User Content to others as part of its function, including permission to duplicate, modify and distribute the User Content.
5. Objectionable Content. We cannot promise that you will not find some material in the Services harmful, offensive, indecent or objectionable. You understand that you may be exposed to content from other users when using the Services and acknowledge that content may be inaccurate, offensive, indecent, or otherwise objectionable. You agree that we shall not be responsible or liable for content in the Services, posted by you, or other users of the Services.
6. Third-Party Services. The Services may require or allow you to access third-party websites or other services that are not owned or operated by us. You access such services at your own risk, and your use of any third-party service is subject to their applicable terms of use and privacy policy. You agree that: (i) we have no responsibility or liability for any third-party service; (ii) we are not liable for any loss or claim that you may have against any third-party service operator or owner; and (iii) you release us from any claims or liability related to your agreement with any third-party service or use of their service.
7. LIMITED LIABILITY. Neither party will be liable for any indirect, special, incidental, or consequential damages, or lost profits, that may arise in connection with the Terms.
8. EXCLUSION OF IMPLIED AND OTHER WARRANTIES. The Services are provided “AS IS”. Snort Studios makes no warranties, express or implied, and disclaims all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.
9. Assumption of Risk and Release of Liability. You acknowledge and agree that: (i) due to the nature of the Game, we cannot predict the user-generated content that the Game will display and are not liable for the phrases or the consequences of the content; (ii) you are aware of the risks involved in the Services; (iii) you accept and assume all risks associated with the Services; (iv) you are voluntarily using the Services in spite of the risks; and (v) Snort Studios assumes no responsibility and is not liable for any damage or loss suffered by you in connection with the Services. You waive, release, and discharge Snort Studios and its owners, agents, and representatives from any claims or liability of any kind, now known or later discovered, arising out of the Services. The Terms apply to any claim even if caused by negligence.
10. Indemnity. You shall indemnify Snort Studios and its owners, agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with: (i) your access to or use of the Services; or (ii) any breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms.
11. Termination. You may terminate these Terms at any time by discontinuing your use of the Services and uninstalling the Game from your devices.
12. Transferability. You shall not transfer or assign these Terms or any right or obligation in these Terms, by operation of law or otherwise, without the prior written consent of Snort Studios.
13. Game Use of Unreal® Engine.
13.1. The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Snort Studios, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Snort Studios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Snort Studios and Epic. Snort Studios, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
13.2. To the maximum extent permitted by applicable law, neither Snort Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Snort Studios’ or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Snort Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Snort Studios’ or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with these Terms or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Snort Studios’, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Snort Studios, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
13.3. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Snort Studios, Epic, Epic’s licensors, its and their affiliates, and any of Snort Studios’ or Epic’s service providers shall be limited to the full extent permitted by law.
14. General Terms. These Terms constitute the entire agreement between the parties and supersede all prior understanding, whether written or oral. Except as provided in these Terms, no term or condition of the Terms may be amended or deemed waived, except by a writing signed by the parties that refers to the Terms. If any term or part of a term is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect. These Terms will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict of laws principles. Any claim arising out of these Terms, including tort claims, must be resolved in Multnomah County, Oregon.
These Snort Studios Terms of Use (“Terms”) are an agreement between Snort Studios LLC, an Oregon limited liability company (“Snort Studios”, “we”, or “our”), and you (“you” or “your”). These Terms govern your access to or use of our website (“Website”) and game software (“Game”) (collectively, the Website and Game are “Services”). By accessing or using the Services, you agree to be bound by the Terms. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Services.
1. Updates to Terms. We reserve the right to update or modify the Terms at any time, and will notify you of any update or modification. Your use of the Services following any update or modification constitutes your agreement to follow and be bound by the new Terms. For this reason, we encourage you to review these Terms whenever you use the Services.
2. Modifications to the Game. The Game is provided to you for entertainment purposes only. We reserve the right, in our sole discretion and without prior notice or liability to you, to change the functionality, performance, or both, of the Game at any time. To the maximum extent provided by law, we may introduce new features, impose limits on, suspend, disable, replace, eliminate, change, update certain existing features, restrict access, or discontinue all or any part of the Game at any time or for any reason.
3. Use of the Services. You may use the Services only if you can form a binding contract with Snort Studios and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Game contains mature themes and is only intended for those 18 years old and older. You may not use the Game if you are under 18.
4. Ownership and Intellectual Property in Services. The Services are subject to trademark, game mark, trade dress, copyright, or other intellectual property rights or licenses held by Snort Studios. No right, title, or interest in the Services is transferred to you as a result of your use of the Services. We grant you a personal, worldwide, royalty free, nontransferable, nonsublicensable, revocable, and nonexclusive license to use the Services, provided that: (i) you will not transfer, give access to, copy, or distribute any part of the Services without our prior written consent; (ii) you will not attempt to reverse engineer, alter, disrupt, or modify any part of the Services; and (iii) you will comply with these Terms.
4.1. User Content. The Game may include interactive features and areas where you may create, share, post, stream, or upload content on or in connection with the Game (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. You are solely responsible for the User Content you make available through the Game and you represent and warrant that: (i) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents, and releases that are necessary to grant to us the rights specified in these Terms; and (ii) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations. You agree that the Game may display the User Content to others as part of its function, including permission to duplicate, modify and distribute the User Content.
5. Objectionable Content. We cannot promise that you will not find some material in the Services harmful, offensive, indecent or objectionable. You understand that you may be exposed to content from other users when using the Services and acknowledge that content may be inaccurate, offensive, indecent, or otherwise objectionable. You agree that we shall not be responsible or liable for content in the Services, posted by you, or other users of the Services.
6. Third-Party Services. The Services may require or allow you to access third-party websites or other services that are not owned or operated by us. You access such services at your own risk, and your use of any third-party service is subject to their applicable terms of use and privacy policy. You agree that: (i) we have no responsibility or liability for any third-party service; (ii) we are not liable for any loss or claim that you may have against any third-party service operator or owner; and (iii) you release us from any claims or liability related to your agreement with any third-party service or use of their service.
7. LIMITED LIABILITY. Neither party will be liable for any indirect, special, incidental, or consequential damages, or lost profits, that may arise in connection with the Terms.
8. EXCLUSION OF IMPLIED AND OTHER WARRANTIES. The Services are provided “AS IS”. Snort Studios makes no warranties, express or implied, and disclaims all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.
9. Assumption of Risk and Release of Liability. You acknowledge and agree that: (i) due to the nature of the Game, we cannot predict the user-generated content that the Game will display and are not liable for the phrases or the consequences of the content; (ii) you are aware of the risks involved in the Services; (iii) you accept and assume all risks associated with the Services; (iv) you are voluntarily using the Services in spite of the risks; and (v) Snort Studios assumes no responsibility and is not liable for any damage or loss suffered by you in connection with the Services. You waive, release, and discharge Snort Studios and its owners, agents, and representatives from any claims or liability of any kind, now known or later discovered, arising out of the Services. The Terms apply to any claim even if caused by negligence.
10. Indemnity. You shall indemnify Snort Studios and its owners, agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with: (i) your access to or use of the Services; or (ii) any breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms.
11. Termination. You may terminate these Terms at any time by discontinuing your use of the Services and uninstalling the Game from your devices.
12. Transferability. You shall not transfer or assign these Terms or any right or obligation in these Terms, by operation of law or otherwise, without the prior written consent of Snort Studios.
13. Game Use of Unreal® Engine.
13.1. The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Snort Studios, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Snort Studios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Snort Studios and Epic. Snort Studios, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
13.2. To the maximum extent permitted by applicable law, neither Snort Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Snort Studios’ or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Snort Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Snort Studios’ or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with these Terms or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Snort Studios’, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Snort Studios, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
13.3. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Snort Studios, Epic, Epic’s licensors, its and their affiliates, and any of Snort Studios’ or Epic’s service providers shall be limited to the full extent permitted by law.
14. General Terms. These Terms constitute the entire agreement between the parties and supersede all prior understanding, whether written or oral. Except as provided in these Terms, no term or condition of the Terms may be amended or deemed waived, except by a writing signed by the parties that refers to the Terms. If any term or part of a term is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect. These Terms will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict of laws principles. Any claim arising out of these Terms, including tort claims, must be resolved in Multnomah County, Oregon.