SQUANCH GAMES, INC.
Effective Date: May 20th, 2019
Changes to Websites; Unavailability of Websites
We reserve the right to withdraw or amend the Websites in our sole discretion without notice. Note that the Websites and their content are not necessarily always complete or up-to-date, and we are under no obligation to update them. 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.
Intellectual Property Rights
©2016-2019 Squanch Games, Inc. Trover Saves the Universe™, Doctor Splorchy Presents: Space Heroes™, Squanch™, SquanchGames™, Squanch Games™ and related design and composite marks are trademarks of Squanch Games, Inc. All rights reserved.
All aspects of the Services, 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 Services, are owned by the Company, 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.
Limited License to Use Services
Limited License to Broadcast Game Play
We hereby grant each user of our Games (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast such Broadcasting User’s unique play within the applicable Game (“Broadcasted Content”), but only through third-party media that is, at the time of broadcast, currently approved by the Company (“Approved Broadcaster(s)”).
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;
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;
The Company may revoke a user’s license to broadcast for any or no reason and without notice.
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 any 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.
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 email@example.com.
You may elect to informally provide us with Feedback from time to time. You agree that the Company will own, and you hereby assign to the Company your intellectual property rights in and to, any and all Feedback and that the Company will be free to use, disclose, reproduce, license or otherwise 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 or ideas you provide to the Company regarding the Services, including the Games, or any suggested improvements thereto.
Additional Prohibited Uses
Additionally, you agree not to:
Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services;
Engage in any other conduct that affects anyone else’s use or enjoyment of the Services or that, as determined by us, may harm the Company;
Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Websites;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Websites are stored, or any server, computer, or database connected to the Services;
Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Services.
Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 visitor to the Websites, or by anyone who may be informed of any of its contents.
Linking to the Website and Social Media Features
You may link to our homepage, 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.
Links from the Websites
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.
Disclaimers and Limitation of Liability
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING THE GAMES AND OTHER SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING THE GAMES AND OTHER SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THE COMPANY’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Governing Law and Jurisdiction
Agreement to Arbitrate
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.
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 days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
Unless you and the Company otherwise agree, the arbitration will be conducted at JAMS’s Los Angeles, California offices located at 555 West 5th St., 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 the Company 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.
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 “Disclaimers and Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.
Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules.
Waiver and Severability
Your Comments and Concerns