(Last Updated: September 22, 2015)
Hidden Path Entertainment, Inc. (“Hidden Path” or “We” or “us”) provides interactive software products (“Games”) via online services such as Steam, Amazon and Xbox Live Arcade. We own and operate various websites and their subdomains, including without limitation, http://hiddenpath.com/terms-of-use (our “Sites”) to provide access to information about Hidden Path, the Games, message boards, head to head match play or provide technical support to our customers (our “Content”).
Certain types of content are made available through the Site and our Games. “Content” includes, but is not limited to, the software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, images, illustrations, forms, video, code, and all audio visual or other material appearing on or emanating to and/or from the Sites or Games, including their look and feel attributes, as well as the design and appearance of the Sites, the Hidden Path trademark and logo and other content made available through the Sites and Games. “User Content” means any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by individual users to the Site or Games, including through use of any widget.
Intellectual Property Rights
The Sites, Games and Content are owned by Hidden Path or Hidden Path’s third party licensors and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content unless you are expressly authorized to do so. You do not acquire any ownership rights in our Sites, Games or Content by using the Site, Games or Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Sites and Content (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the Contact Section of our Sites. You acknowledge and agree that all Feedback is submitted without any expectation of compensation and further, all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Contributing Third Party Content
We respect the intellectual property rights of others. You must have the legal right to upload User Content to the Sites or Games. You may not upload or post any User Content that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove Content Ideas that may infringe the intellectual property rights of a third party. If you are an infringer of our or a third party’s intellectual property rights, we may terminate your right to access the Sites or Games without notice to you. If your access is terminated to the Sites or Games as a result of any infringement of intellectual property rights, you are not entitled to a refund for any fees you have paid.
Takedown Procedure under the U.S. Digital Millennium Copyright Act
We have adopted and implemented a policy respecting the U.S. copyright law that provides for the removal of User Content that infringes the rights of third parties and, in appropriate circumstances, disabling access to the Sites and/or Games of users who are infringers of intellectual property rights, including copyrights under U.S. law. If you believe that one of our users is, through the use of one of our Games or Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from our web site(s), the following information in the form of a written notification (pursuant to 17 U.S.C. – 512(c)) must be provided to our designated Copyright Agent:
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of where the infringing material is located on our Sites or Games;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
- A statement that the information in the notification is accurate, and that under penalty of perjury, you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner;
- Your address, telephone number, and e-mail address; and
- Your physical or electronic signature.
Please note that pursuant to 17 U.S.C. – 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Hidden Path in connection with the written notification and allegation of copyright infringement. Our designated Copyright Agent is email@example.com.
Contributing User Content; License Grant to Hidden Path
When you contribute User Content to the Sites or a Game, you expressly grant to us a non-exclusive, perpetual, worldwide, complete, irrevocable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such User Content.
Third Party Services
The Sites and Games may contain or link to third-party websites or resources (“Third Party Services”). You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such Third Party Services or (ii) the content, products, or services on or available from such websites or resources (“Third Party Materials”). Links to such Third Party Services do not imply any endorsement by us of such Third Party Services or Third Party Materials available from such websites or resources. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services or websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Sources or Third Party Materials. Third Party Services, Third Party Materials and links to other websites are provided solely as a convenience to you.
Sweepstakes and Contests
Rules of Conduct
- Post, transmit, promote, or distribute User Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat interfaces with vulgar language, abusiveness, causing the interface to scroll excessively, use of excessive shouting (typing in all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).
- Impersonate another person (including celebrities), indicate falsely that you are our employee or our representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.
- Engage in any commercial activities, including but not limited to any attempts to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or multi-tiered marketing scheme.
- Attempt to get a password, account information, or other private information from any user.
- Upload any software or User Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the Sites, Games or Content that we do not specifically authorize you to modify.
- Post or communicate any other player’s real-world personal information through the Games.
- Attempt to interfere with, hack into or decipher any transmissions to or from our servers.
- Attempt to use Games on or through any service that is not controlled or authorized by us.
- Interfere with the ability of others to enjoy playing a Game or take actions that interfere with or materially increase the cost to provide Games for the enjoyment of all its users.
Specific Third Party Services may also post additional rules that apply to your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to your activities when you use the Sites or Games.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Hidden Path at firstname.lastname@example.org.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES, GAMES, PRODUCTS AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, GAMES AND CONTENT AND ANY THIRD PARTY SERVICES OR THIRD PARTY MATERIALS PERFORMED OR PROVIDED BY THE SITES OR GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, GAMES AND CONTENT AND ANY THIRD PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES, GAMES AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITES, GAMES AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SITES, GAMES OR THIRD PARTY SERVICES OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITES, GAMES, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITES, GAMES, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, PRODUCTS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Controlling Law and Jurisdiction
- First, by direct negotiation between you and our representative with authority to settle the Dispute. The party claiming that there is a Dispute must notify the other party in writing, giving full details of the claim and the specific relief sought (the “Dispute Notice”). Following receipt of the Dispute Notice, our representative shall attempt to contact you by e-mail or telephone to try to resolve the Dispute in good faith within thirty (30) days of receipt of the Dispute Notice. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
- If the Dispute is not resolved by the foregoing negotiations within thirty (30) days, then the Dispute shall be submitted to binding arbitration as follows: (i) if you are a resident of the United States, Canada or Mexico, in Seattle, Washington, under the auspices of JAMS Endispute and in accordance with the rules of JAMS’ Streamlined Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Conditions, including Rules 16.1 and 16.2 of those Rules; or (ii) if you are a resident elsewhere, in London, England, under the auspices of JAMS International, in accordance with the rules of JAMS’ Streamlined Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Conditions, including Rules 16.1 and 16.2 of those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the rules of JAMS.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Entire Agreement; Severability; Waiver