1. ACCEPTANCE OF TERMS
As discussed in greater detail in Section 4 below, this Agreement authorizes you to access and review all publicly-available content on the Website and to access and use our proprietary platform (the “Platform”) to create games (“Developer Games”) strictly for your own non-commercial testing and evaluation purposes. If you would like to publicly release your Developer Games and/or commercialize them in any manner, you must first agree to our separate Platform terms of service (the “Terms of Service”).
2. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
In order to create an account with TreSensa, you will use an available third-party authentication provider (e.g., Facebook, Twitter, Github, etc.) to provide a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log into the Website in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one registered user. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. TreSensa will not be liable for any loss or damage caused by any unauthorized use of your account.
3. COMMUNITY GUIDELINES
TreSensa’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website and/or the Platform, you hereby agree to comply with these community rules and that:
- You will not use the Website or the Platform for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another;
- Please be courteous, because everyone wants to be treated with respect, and showing respect to others makes the community better for all members;
- Don’t spam or use the Website or the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- Don’t post off-topic comments. Please keep your comments relevant to the game or individual concerned;
- You will not access or use the Website or the Platform to collect any market research for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website or the Platform through hacking, password or data mining, or any other means;
- You will not cover, obscure, or in any way interfere with any of advertisements and/or safety features (e.g., report abuse button) on the Website or the Platform; and
- Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website and/or the Platform, or any portion of them, without notice, and to remove any content that does not adhere to these guidelines.
4. INTELLECTUAL PROPERTY
The Website and the Platform contain material, such as software, documentation, tutorials, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of TreSensa (collectively referred to as the “TreSensa Content”). The TreSensa Content, which may be owned by us or by third parties, is protected under both United States and foreign laws. The TreSensa Content includes our registered and unregistered trademarks, service marks, and logos (collectively, “Trademarks”). Unauthorized use of the TreSensa Content may violate copyright, trademark, and other laws. You have no rights in or to the TreSensa Content, and you will not use the TreSensa Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.
Subject to the terms and conditions of this Agreement, TreSensa hereby grants you a limited, non-exclusive, non-transferable, royalty-free license, without the right to grant sublicenses, to access and review all publicly-available TreSensa Content and to use the Platform to create, test, and evaluate your Developer Games solely for non-commercial purposes.
Although you retain the copyrights and other intellectual property rights in and to all of your content that you integrate into your Developer Games via our Platform (the “Developer Content”), you hereby grant TreSensa a limited, non-exclusive, royalty-free license under all intellectual property rights to reproduce, publicly display, publicly perform, and otherwise use the Developer Content as necessary for us and our service providers to enable the functionality of the Website and Platform and to make possible your creation, testing, and evaluation of your Developer Games.
The Website provides registered users the ability to post comments and other materials to our forum (the “User Submissions”).
YOU, AND NOT TRESENSA, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER SUBMISSIONS THAT YOU UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT VIA THE WEBSITE.
You expressly acknowledge and agree that once you submit your User Submissions for inclusion into the Website, they will be accessible by others, and that there is no confidentiality or privacy with respect to such User Submissions, including, without limitation, any personally identifying information that you may make available online.
Again, you retain the copyrights and other intellectual property rights in and to your own User Submissions. You do, however, hereby grant us and our sublicensees a non-exclusive, perpetual, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, advertise, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Submissions and all intellectual property and moral rights therein in any way throughout the universe, in each case, by or in any means, methods, media or technology now known or hereafter devised.
5. NO WARRANTIES/LIMITATION OF LIABILITY
THE WEBSITE, THE PLATFORM, AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, THE PLATFORM, OR THEIR CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless TreSensa, its employees, officers, directors, stockholders, agents, consultants, assignees, corporate affiliates, partners, contractors, professional advisors, advertisers, and any and all other individuals and organizations providing services on behalf of TreSensa from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Website and/or the Platform; and (b) your alleged breach of this Agreement. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
7. EXTERNAL SITES
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
8. COMPLIANCE WITH APPLICABLE LAWS
The Website and the Platform are based in the United States. We make no claims concerning whether the Website or Platform content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Platform, or the TreSensa Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
9. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and/or the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website and/or the Platform at any time without prior notice or liability.
10. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
TreSensa respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
443 Park Avenue South, Suite 601
New York, New York 10016
If you believe that your work has been copied on the Website and/or the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website or the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Communications with Us,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.