Effective Date: August 15, 2022
2. Intellectual Property Rights
All aspects of the Websites, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Websites are owned by SWG, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2021 Something Wicked Games Inc., Something Wicked Games™, and all related names, logos, product and service names, designs, and slogans are trademarks of SWG or its affiliates or licensors. You must not use such marks without the prior written permission of SWG, and SWG reserves all rights. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
You may elect to informally provide us with Feedback from time to time. You agree that SWG will own, and you hereby assign to SWG your intellectual property rights in and to any and all Feedback and that SWG will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback, ideas, or suggested improvements you provide to SWG regarding the Websites.
4. Prohibited Uses
In addition to the above obligations, you agree not to:
- (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included on the Websites;
- (b) access or use for any commercial purposes any part of the Websites or materials available through them;
- (c) use the Websites in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate SWG or anyone else;
- (d) use the Websites to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
- (e) use the Websites to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Websites about anyone without their express permission;
- (f) remove any copyright, trademark, or other proprietary rights notices contained in or on the Websites;
- (g) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Websites or interfere with anyone else’s use of the Websites;
- (h) engage in any other conduct that affects anyone else’s use or enjoyment of the Websites or that, as determined by us, may harm SWG;
- (i) use any robot, spider, or other automatic or manual device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
- (j) modify, adapt, translate, or reverse engineer any portion of the Websites;
- (k) use any device, software, or routine that interferes with the proper working of the Websites;
- (l) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- (m) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, including any server on which the Websites are stored, or any server, computer, or database connected to the Websites;
- (n) attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;
- (o) otherwise attempt to interfere with the proper working of the Websites; and
- (p) encourage or enable any other person to do any of the foregoing.
5. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Websites. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Websites, or by anyone who may be informed of any of the contents of the Websites.
6. Links to and from the Websites
You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Websites contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Updates and Changes to the Websites and Unavailability of the Websites
We reserve the right to withdraw or modify the Websites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.
We may terminate your access to and use of the Websites, at our sole discretion, at any time and without notice to you. Upon termination of the Websites, Sections 2 (Intellectual Property Rights), 3 (Feedback), 5 (Reliance on Information Posted), 6 (Links to and from the Websites), 7 (Updates and Changes to the Websites and Unavailability of the Websites), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law and Jurisdiction), 13 (Waiver and Severability), and 14 (Entire Agreement) will survive such termination.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY SWG ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWG DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SWG NOR ANYONE ASSOCIATED WITH SWG REPRESENTS OR WARRANTS THAT THE WEBSITES, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE WEBSITES, OR ELECTRONIC COMMUNICATIONS SENT FROM SWG REGARDING THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. LIMITATION OF LIABILITY
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Governing Law and Jurisdiction
13. Waiver and Severability
14. Entire Agreement
16. Your Comments and Concerns