Hidden Variable Studios, LLC (hereinafter, “HVS”), a California limited liability company, is operator of the hiddenvariable.com domain, including but not limited to the “Bag It!” game (the “Game”) and hiddenvariable.com/forums (the “Forums”) (the domain, including but not limited to the Game and the Forums, constitutes the “Site”). HVS wants the Site to be a fun, safe place for all visitors!
We ask that you abide by the following rules:
1) Keep all postings clean! Don’t say anything you wouldn’t want your mother to hear!
2) Do not ask for another visitor’s account information! And don’t give anyone else your account information!
3) Do not do anything that will lessen or take away from another visitor’s experience!
Violations of our Terms of Service can result in suspension of your registration or a permanent ban.
Full details about our Terms of Service are listed below:
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT CAREFULLY BEFORE REGISTERING FOR THE SITE.
This EULA represents the entire agreement between you and HVS concerning the Site, and it supersedes any prior proposals, representations, agreements, negotiations, offers, counteroffers, acceptances, understandings, or any contrary terms between you and HVS. If you do not agree to the terms of this EULA, you are not authorized to log onto or engage in activities on the Site, including but not limited to accessing the Game and/or logging onto or otherwise posting in the Forums.
The Site, including but not limited to the Game and Forums, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and HVS, the Site, including but not limited to the Game and the Forums, is/are the sole and exclusive property of HVS.
Your use of the Site including but not limited to the Game and the Forums is solely controlled by this EULA which cannot be changed except by a written agreement executed between you and an authorized signatory of HVS.
The Forums are powered by phpBB, which is a bulletin board solution released under the “General Public License” (sometimes known as the “GPL”) that can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, and the phpBB Group, licensor of phpBB is not responsible for what HVS allows and/or disallows as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.
1. YOUR CONDUCT AS A USER OF THE SITE
You are responsible for your conduct as a member of the community and as a user of the Site.
As a material condition to being granted access to the Site, including but not limited to the Game and the Forums, you agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through any avatar or alter ego, which:
- is threatening, bullying, defamatory, abusive, abrasive, obscene, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other personal or intellectual property right of any person or entity;
- is or could be taken as slurs, hate speech or attacks on individuals or group on the basis of race, color, gender, age, religion, national origin, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
- is a solicitation or advertisement for any commercial product or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, including but not limited to bullying, vigilantism, engaging in any conduct or activity that is or could be regarded as threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Site an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Site or any element, feature, or content of the Site;
- contains a virus, worm, bot, or other harmful component;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;
- is a chain letter, or constitutes junk mail;
- requests account login information from other players;
- ’spoofs’ (using of any means to disguise your online identity or alter original attribute information);
- uses or possesses programs to ’crack’ the Site or other Internet security tools.
Any information or content uploaded by you (“User Content”) in connection with your participation on the Site shall be considered part of the Site. As between you and HVS, any User Content shall be and remain the sole property of HVS, and shall be subject to the terms and conditions of this EULA.
We may, at our sole discretion, immediately suspend or terminate your access to the Site should your conduct, in our sole determination, fail to conform to these Terms.
2. ACCESS RULES; SUPPORT SERVICES
HVS may unilaterally set rules for access and use of the Site, including but not limited to rules for access and use for the Game and the Forums. Any rules may be changed by HVS at any time and there is no requirement that HVS notify you of such changes.
HVS may in its sole discretion provide support services related to the Site, which support services may include but not be limited to Game support and moderating the forums ("Support Services"). HVS is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of HVS hereunder.
Any software code or other information or material provided by HVS in the course of providing Support Services is and will remain, as between you and HVS, the sole property of HVS.
HVS support may be reached by email at firstname.lastname@example.org.
3. TERM; TERMINATION; MODIFICATION OF EULA
The term of this EULA will commence upon your logging onto and registering on the Site for the first time and will continue for so long as you are a registered user on the Site. Without prejudice to any other of its rights, HVS may unilaterally terminate or modify this EULA at any time and for any reason or for no reason, with no notice to you. For example, but not in limitation, HVS may elect to terminate this EULA and your access and/or rights in connection with the Site including but not limited to the Game and/or the Forums, if HVS, in its sole determination: (i) stops supporting or maintaining the Site or any element(s) of the Site, such as, but not limited to the Game and/or the Forums; (ii) ceases to provide updates; (iii) no longer offers the Game and/or the Forums; or (iv) believes you have failed to comply with the terms and conditions of this EULA. In the event of termination arising from your failure to comply with the terms of the EULA, you must make no further use of the Site. HVS will have no liability to you in the event you do not receive notice of any such termination or modification, or in the event it unilaterally terminates your access to, or availability of, the Site including but not limited to any individual features and/or attractions of the Site.
As between you and HVS, all title, including but not limited to copyrights, in and to the Site, and any postings or other content provided by you to the Site, including but not limited to postings or content provided to any Forum(s), are owned by HVS. As between you and HVS, all title and intellectual property rights in and to the content which may be accessed through use of the Site, including but not limited to the Forums, is the property of HVS and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by HVS.
HVS may reproduce any such content in any manner it may determine, or may refrain from doing so in its sole discretion. There is no expectation of privacy in connection with any content provided by you to the Site, including but not limited to ”high-score” boards associated with the Game, and/or anything posted to any Forum on the Site.
5. NO WARRANTIES
HVS expressly disclaims any warranty in, to, or for the Site. The Site, including but not limited to access to the Forums, is provided ’As Is’ and ’Where ’ without any express or implied warranty of any kind.
HVS EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND/OR CONTINUOUS OPERATION.
The entire risk associated with engaging the Site is assumed by you. HVS does not warrant or assume responsibility for error-free operation of the Game, and/or the accuracy or completeness of any information, text, graphics, links or other items contained within the Site including but not limited to the content, accuracy, or completeness of any information found in the Forums. HVS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program from or through the Site. HVS further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Site. HVS cannot guarantee the integrity of the Site or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Site, including but not limited to the Game and/or Forums, is/are loaded and operating. As between you and HVS, to the maximum extent permitted by applicable law, all risk associated with engaging and/or otherwise participating in or on the Site, is assumed by you.
6. THIRD PARTY SITES
HVS may access or otherwise use third party sites (“Third Party Sites”; each a “Third Party Site”) to provide content and/or features delivered through the Site. To the maximum extent permitted by applicable law, no Third Party Site (such as, but not limited to Facebook or Twitter) is a party to this EULA. In the event you link to or otherwise access any Third Party Site in the course of your use of the Site (including but not limited to the Forums), your use of Third Party Sites may be subject to terms and conditions separate from this EULA. Such terms and conditions may be established by the owners of the Third Party Sites, and must be agreed upon by you. No owners or operators of Third Party Sites make, have made, and do not make any warranties, or assume any warranty obligation(s) or other obligation(s) whatsoever with respect to the Site including but not limited to the Game and/or Forums operated on the Site. Similarly, HVS makes no warranties, and assumes no obligation(s) whatsoever with respect to Third Party Sites which may be linked to or from, or otherwise accessed by or through, the Site.
7. LIMITATION OF LIABILITY
In no event shall HVS be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the Site, including but not limited to the Game, and/or any Forum(s), and/or Third Party Sites, accessed through the Site, even if HVS has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. HVS shall have no liability with respect to the content of the Site, including but not limited to the Game and/or content found on or in any Forum, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
8. YOUR REPRESENTATION TO HVS
As a material inducement to HVS entering into this EULA with you, you represent to HVS that: (i) you are over thirteen (13) years of age, and have to the greatest extent permitted by law the full and unrestricted legal right to enter into agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a ’terrorist nation’; and (iii) you are not listed on any U.S. government list of prohibited or restricted parties.
9. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
HVS has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. HVS has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by HVS in its sole discretion, of users who are or are believed to be infringers of copyright. Further HVS reserves the right to remove any User Content which allegedly infringes another person’s copyright. HVS is under no obligation to, and does not, scan content posted for any violations of third party rights; however, we respect the copyright interests of others and it is our policy not to permit materials known or believed by us to infringe another party’s copyright to remain on the Site, including but not limited to the Game and/or the Forums. If you believe any materials found on the Site, including but not limited to the Game and/or the Forums infringes a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Hidden Variable Studios, LLC
5355 Cartwright Avenue #322
North Hollywood, CA 91601