Terms of Service

 

 

Well Played Studio, inc., a Delaware corporation (“Well Played,” “we,” or “us”), is proud to offer our product (“Game,” or "Product"). Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Game 

 

 

 

Agreement to Terms

 

By using the Game, you agree to be bound by these Terms and the Privacy Policy that is incorporated by reference into these Terms. If you don’t agree to be bound by these Terms, do not use the Game. If you are accessing or using the Game on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Otherwise, “you” and “your” will refer to you, individually.

 

 

 

Grant of License

 

Subject to these Terms, Well Played grants you a nonexclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay. The term of your license begins on the date that you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or Well Played’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game or if you violate these Terms. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Game. All rights not specifically granted under these Terms are reserved by Well Played.

 

 

 

Changes to Terms and the Game

 

Well Played may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms wherever the Game may be downloaded or through other communications. Please make sure you review the modified Terms because if you continue to use the Game after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Game anymore. Because the Game is evolving over time, we may change or discontinue all or any part of the Game, at any time and without notice, at our sole discretion.

 

 

 

Personal and Non-Commercial Use Limitation

 

Except as otherwise specified below, Well Played is providing the Game to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software and products obtained from the Game.

 

 

 

Limited License to Broadcast Game Play

 

Well Played believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast such Broadcasting User’s unique play within the Game (“Broadcasted Content”), but only through third-party media that is, at the time of broadcast, currently approved by Well Played (“Approved Broadcaster(s)”). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that he, she, or they opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including that user is revoked.

 

 

 

The above limited license to broadcast the Game is subject to the additional conditions:

 

A Broadcasting User may only broadcast his or her own gameplay;

 

All Broadcasted Content must otherwise comply with these Terms, the Code of Conduct, and the Privacy Policy;

 

Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted

 

Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)’ applicable terms of service, policies, rules, and guidelines;

 

Well Played may revoke a user’s license to broadcast for any or no reason and without notice.

 

 

 

Opting Out

 

Any user may revoke such user’s permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of his, her, or their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Well Played may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Well Played does not assume any responsibility for ensuring compliance with the foregoing.

 

 

 

Approved Broadcasters

 

The following is an exclusive list of currently Approved Broadcasters. Modifications to this list may be made here, or elsewhere on the store page for the Game. Users may only broadcast content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, nor do we make any representations as to the quality or functionality of the Approved Broadcasters’ services.

 

Twitch Interactive, Inc.

 

YouTube, LLC

 

Facebook Inc.

 

Twitter Inc.

 

reddit Inc.

 

 

 

We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at admin@wellplayedstudios.com.

 

 

 

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION“ SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WELL PLAYED WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

 

 

Who May Use the Game 

 

Eligibility

 

The Game is only available to individuals aged 13 years or older. If you are 13 years old but younger than 18 years old, you should not use the Game without first reviewing the Terms with your parent or guardian and ensuring that you and your parent or guardian understand and agree to the Terms.

 

 

 

Health and Safety Precautions

 

The below should be reviewed before use of the Game. If the Game will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. Well Played is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.

 

 

 

Children

 

Adults should monitor children (age 13 and older) who are using or have used the Game for any of the symptoms described below, and should limit the time children spend using the Game and ensure that they take breaks during use. Prolonged use should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the Game for any decrease in these abilities.

 

 

 

Epileptic Seizure Warning

 

Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Parents and guardians should watch their children while playing the Game. Stop playing the Game and consult a doctor if you or your child has any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation.

 

 

 

Well Played is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.

 

 

 

Motion Sickness

 

Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.

 

 

 

Repetitive Motion Injuries and Eyestrain

 

Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

 

Avoid excessive play;

 

 

 

Adults should monitor children for appropriate play;

 

 

 

Take a 10 to 15 minute break every 30 minutes while playing the Game;

 

 

 

If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and

 

 

 

If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.

 

 

 

Play Area Precautions

 

Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game.

 

 

 

Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.

 

 

 

Content and Content Rights

 

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are included in the Game or posted, generated, provided or otherwise made available through the Game; and (ii) “User Content” means any Content that you make available through the Game, including by posting, uploading, inputting, providing, or submitting, publicly or privately, on community forums or directly to Well Played. User Content includes any feedback or suggestions you provide to Well Played. Content includes without limitation User Content.

 

 

 

Content Ownership, Responsibility and Removal

 

Well Played and its licensors exclusively own all right, title and interest in and to the Game, and Content, including all associated intellectual property rights, with the exception of User Content, to which Well Played does not claim any ownership rights, but rather possesses license rights as described below. Nothing in these Terms will otherwise be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Content is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content.

 

 

 

Rights in User Content Granted by You

 

You acknowledge and agree that by submitting any User Content, or by making any User Content available through the Game, you hereby grant Well Played a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Well Played’s intellectual property, Game or other software, or other products, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content. Well Played will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.

 

You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Game, nor any use of your User Content by Well Played on or through the Game will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as reviews you post on Steam) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

 

 

General Prohibitions and Well Played’s Enforcement Rights

 

You agree not to do any of the following:

 

Post, upload, publish, submit or transmit any Content that: (i) is illegal; (ii) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive; (vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances.

 

 

 

Use, display, mirror or frame the Game or any individual element within the Game, Well Played’s name, any Well Played trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Well Played’s express written consent;

 

 

 

Access, tamper with, or use non-public areas of the Services, Well Played’s computer systems, or the technical delivery systems of Well Played’s providers;

 

 

 

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Well Played or any of Well Played’s providers or any other third party (including another user) to protect the Services or Content;

 

 

 

Attempt to access or search the Content or download Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Well Played or other generally available third-party web browsers;

 

 

 

Use any meta tags or other hidden text or metadata utilizing a Well Played trademark, logo URL or product name without Well Played’s express written consent;

 

 

 

Use the Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

 

 

 

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Game or Content;

 

 

 

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Game;

 

 

 

Collect or store any personally identifiable information from the Game from other users of the Game without their express permission;

 

 

 

Impersonate or misrepresent your affiliation with any person or entity;

 

 

 

Violate any applicable law or regulation; or

 

 

 

Encourage or enable any other individual to do any of the foregoing.

 

Although we’re not obligated to monitor access to or use of the Game, or Content or to review or edit any Content, we have the right to do so for the purpose of operating and updating the Game, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Game including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.

 

 

 

DMCA/Copyright Policy

 

Well Played respects copyright law and expects its users to do the same. It is Well Played’s policy to terminate in appropriate circumstances Account holders or other users of the Game who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

 

 

Well Played will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. The DMCA provides a means for you to notify us concerning alleged copyright infringement. When we receive a valid DMCA notice, we will respond under this process by taking down the allegedly offending content. We will then take reasonable steps to contact its owner so that they may file a counter-notification. If we receive a valid counter-notification, we may restore the original content at issue, unless you notify us that you have filed legal action seeking a court order restraining the alleged infringer from continuing the allegedly infringing conduct.

 

 

 

If you believe that your copyrighted work is being infringed by material that appears in our Game, websites, or other online services, please provide Well Played’s designated agent (address appears below) the following information that the DMCA requires:

 

 

 

A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

 

 

 

A description of where the allegedly infringing material is located in the Game, Well Played’s Game website(s), or other related electronic platform.

 

 

 

Information reasonably sufficient to permit Well Played to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

 

 

 

Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

 

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

 

 

 

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

 

Well Played’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:

 

 

 

Email

 

admin@wellplayedstudios.com

 

 

 

Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.

 

 

 

Links to Third Party Websites or Resources

 

The Game may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

 

 

Termination

 

We may terminate your access to and use of the Game, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Game, provisions relating to Content Ownership, DMCA/Copyright Policy, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.

 

 

 

Warranty Disclaimers

 

THE GAME, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game or will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

 

 

 

Indemnity

 

You will indemnify and hold harmless Well Played and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, or Content, (ii) your User Content, or (iii) your violation of these Terms.

 

 

 

Limitation of Liability

 

NEITHER WELL PLAYED NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME, OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WELL PLAYED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

IN NO EVENT WILL WELL PLAYED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WELL PLAYED FOR USE OF THE GAME, OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WELL PLAYED, AS APPLICABLE.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WELL PLAYED AND YOU.

 

 

 

Dispute Resolution

 

Governing Law

 

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict-of-laws provisions.

 

 

 

Agreement to Arbitrate

 

You and Well Played agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Well Played with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Well Played with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Well Played with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Well Played with an Arbitration Opt-out Notice, you acknowledge and agree that you and Well Played are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Well Played otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

 

 

 

Arbitration Rules

 

The arbitration will be administered by JAMS alternative dispute resolution (“JAMS”) in accordance with the applicable JAMS clauses, rules, and procedures (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at http://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

 

 

Arbitration Process

 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.

 

 

 

Arbitration Location and Procedure

 

Unless you and Well Played otherwise agree, the arbitration will be conducted at JAMS’s Los Angeles, California offices located at 555 West Fifth Street, 32nd Floor, Los Angeles, CA 90013. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Well Played submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

 

 

Arbitrator’s Decision

 

The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.

 

 

 

Fees

 

Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules.

 

 

 

Changes

 

Notwithstanding the provisions of the “Changes to Terms” section above, if Well Played changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Well Played’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Well Played in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

 

 

General Terms

 

These Terms constitute the entire and exclusive understanding and agreement between Well Played and you regarding the Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Well Played and you regarding the Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Well Played’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Well Played may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Any notices or other communications provided by Well Played under these Terms, including those regarding modifications to these Terms, will be given: (i) via email. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Well Played’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Well Played. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

 

 

Contact Information

 

If you have any questions about these Terms and or the Game please contact Well Played at admin@wellplayedstudios.com.

 

 

 

Privacy Policy

 

We have adopted this privacy policy to inform users about what information we collect from the Website and the Game and how such information is used. 

 

 

 

Please read this privacy policy carefully to understand our practices regarding and treatment of your information. If you do not agree with this privacy policy, you should not use our Game. By accessing or using our Game, you agree to this privacy policy. 

 

 

 

Personal Information collected through the Game

 

Our collection of your personal information in the Game is limited. The only personal information we collect about you through the Game is information provided to us by the Steam or Oculus platform through which you downloaded the Game, this may include your friends graph (please see the Oculus Privacy Policy and Steam Privacy Policy for additional Information). Our use of your personal information collected through the Game is limited to the purposes described in the “How We Use Your Information” section below.

 

Additionally, you may choose to reveal what would otherwise be personal information to other users in the Game through multiplayer chat or other public functions. In addition to being accessible to other users of the Game with whom you are interacting, we may also capture this information using recording functions that we use to monitor users’ activity in the game. We have no obligation with respect to information that you reveal using multiplayer chat or other public functions, and its use is not limited to the purposes described in the “How We Use Your Information” section below. You acknowledge that information you reveal through multiplayer chat or other public functions is public information, you have no expectation of privacy with respect to such information, and, when you reveal information through multiplayer chat or other public functions, you do so at your own risk.

 

 

 

Personal Information collected through direct communications with us

 

If you send us or one of our representatives an email or otherwise correspond with us directly, we will have access to any information that you provide to us in such correspondence. The Terms also govern our use of and ownership of information that you provide to us in direct communications.

 

 

 

Non-Personal Information

 

Our Website and the Game may passively collect non-personal information. This includes gameplay activity, motion sensor information, motion tracker information, operating system information, unlinked IP address, device ID, type of virtual reality equipment used, specific virtual reality platform, cookie information and language preference. Our use of your non-personal information is limited to the purposes described in the “How We Use Your Information” section below. 

 

 

 

HOW WE USE YOUR INFORMATION

 

We always use your information to operate, maintain, and improve our Game. This may include using your information, including personal information, to present our Game to you; to provide you with information, products, or services that you request from us; to provide you with notices about changes to our Game, or any products or services we offer or provide through it; for purposes of age verification; and for any other purpose with your consent. For example, as discussed above, information you voluntarily provide us through the Game may be transmitted to us in connection with error reporting if your system crashes while playing the Game. Note: non-personal information collected through the Game may be linked with users’ personal information to investigate violations of the Terms and prevent additional violations.

 

We do not disclose any information that we collect about you or that you provide to us to third parties, and we only use it for the purposes listed above.

 

 

 

CHILDREN UNDER THE AGE OF 13

 

Our Game is not intended for children under 13 years of age. No one under age 13 may submit any information to our Game. We do not knowingly collect personal information from children under 13. If you are under 13, do not submit any information about yourself to us. 

 

 

 

CHANGES TO PRIVACY POLICY

 

We may change this policy by posting a new version on steam. The new version will become effective on the date it’s posted, which will be listed at the top of this document as the new Effective Date. Your continued use of the Game after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

 

 

Code of Conduct

 

All players must follow the Product Code of Conduct:

 

Rule #1: Be excellent to each other!

 

No sexually explicit behavior or language Children under thirteen are not allowed.

 

Whatever you choose to do in a private activity, still make sure everyone is cool with it.

 

Sexist, racist, discriminatory or harassing language is not welcome in our Product.

 

Don’t mess with other people’s games! We don’t want to implement a million rules to control your behavior in every game. Don’t make us.

 

Things to Know

 

Product is an active game. Please use common sense and caution while playing!

 

Children under thirteen are not allowed.

 

Children between 13-18 must consult with a parent or guardian before playing.

 

By playing our Product you accept that you may be exposed to speech or behavior you find inappropriate.

 

By playing our Product, you agree to our Code of Conduct!

 

 

 

General Terms

 

These Terms constitute the entire and exclusive understanding and agreement between Well Played and you regarding the Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Well Played and you regarding the Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Well Played’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Well Played may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Any notices or other communications provided by Well Played under these Terms, including those regarding modifications to these Terms, will be given: (i) via email. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Well Played’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Well Played. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Copyright © 2017-2019 Well Played Studios Inc. All rights reserved