Terms of Service ("Terms")
Last updated: November 7, 2016
Please read these Terms of Service carefully before using the https://FTW.in website, mobile app, or related services (collectively, the "Service") provided by Beerock Studios, LLC.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors and registered users who access or use the Service. Please note that the section entitled “Consumer Protection Notice,” below, includes important limitations on the applicability of these Terms.
You may only create an account for the Service if you are 13 years of age or older. When you create an account, you represent and warrant that the information you provide us is accurate, complete, and current, and you agree to update that information as necessary so that it remains accurate, complete, and current. Inaccurate, incomplete, or obsolete information may, to the fullest extent permitted by law, result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your username and password. You accept responsibility for all activities that occur using your account username and password (even if you registered using a username or password that you use on another account such as Facebook). You must notify us immediately upon becoming aware of any breach of the security or your username or password or any unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name that is subject to any other person or entity’s rights, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
Appropriate conduct while using the Service (including any forum provided through the Service) is expected and required at all times. Among other things, appropriate conduct is important so that all users may enjoy the various gaming-related activities offered by the Service. Anyone using the Service (including user forums) must adhere to these rules:
- Treat all other users with respect. Do not use the Service to threaten, harass, stalk, or abuse other users.
- Do not use the Service to violate the lawful terms-of-service of any third-party gaming or other third-party websites.
- Do not use the Service in violation of applicable law.
- Do not impersonate or claim to be any other person.
- Do not use the Service to “spam” others. Spam includes sending identical and irrelevant or unsolicited submissions to many different users and includes misrepresenting the source of anything you post.
- Do not solicit or promote any goods or services, or solicit any donations, using the Service.
- Do not engage in any behavior or provide any content constituting or relating to illegal activities.
- Do not use the Service to publish, post, or distribute defamatory, infringing, pornographic obscene, or unlawful content.
- Do not post or promote any materials that could harm or disrupt another person's computer or allow others to inappropriately access software or websites.
- Conduct yourself in compliance with all applicable laws (including local and state laws).
- Remember, you are ultimately responsible for anything you say or post, and you use the Service at your own risk.
We retain the right to moderate use of the Service and any forums but do not warrant or represent that we will do so. If you violate the above requirements, you may, to the fullest extent permitted by law, be subject to warning, suspension, or termination of your account or permission to use the Service (including any forum provided through the Service). To report abuse by another user, or to contact us concerning any action is taken with respect to your use of the Service, please email us at [email protected].
Third-party Game Rules
Special rules may govern your conduct while playing games provided by third-parties. You acknowledge and agree that you are responsible for familiarizing yourself with those rules and for abiding by them as necessary or appropriate in connection with your use of the Service.
Content You Provide, including Indemnity
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes the copyright or other intellectual property rights of any person or entity.
You are prohibited from using the Service to post or distribute any content in violation of the copyright or other intellectual property rights of any third party.
DMCA Notice and Procedure for Copyright Infringement Claims
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work (or one for which you are an authorized agent) has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) or other description of the location where the copyrighted work exists;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Note that the DMCA provides that you may be held accountable for any misrepresentations or bad-faith copyright claims that you submit.
Our Copyright Agent and contact information is:
329 Warren St, Apt 2F, Brooklyn, NY 11201
The Service and its original content, features, and functionality are the exclusive property of Beerock Studios, LLC and its licensors. The Service is protected by copyright law and other laws, and the FTW.in, Beerock Studios, and other branding used in the connection with the Service is protected by trademark laws and other laws. Our content and trademarks may not be used in connection with any product or service, other than in connection with your personal use of the Service as intended, without the prior written consent of Beerock Studios, LLC.
Certain trademarks and branding and some of the content displayed on or accessible through the Service are the intellectual property of and may be subject to licenses from third parties. Nothing contained in these Terms should be construed as granting any license or right to use any such third-party intellectual property without the advance written permission of the third party that owns or licenses that property.
Links To Other Web Sites
Our Service may contain links to third-party websites or other services that are not owned or controlled by Beerock Studios, LLC. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Beerock Studios, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such third-party websites or services. You should be sure to read the terms-of-service and privacy policies of any third-party websites that you visit.
To the fullest extent permissible by law, we may terminate or suspend your account and bar access to some or all of the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.
Without limiting the preceding sentence, your account may be terminated if we receive credible evidence that your account has been used to repeatedly infringe any copyright or other intellectual property rights. We maintain a policy of terminating repeat copyright infringers in appropriate circumstances, as contemplated by the DMCA.
If you wish to terminate your account, you may simply discontinue using the Service. You may also request your account to be deactivated in writing by e-mail to [email protected]
Please note that, upon termination of your account, any information or other content associated with your account may no longer be accessible, even if you subsequently reactivate your account.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation provisions regarding intellectual property, limitations of liability, warranty disclaimers, consumer protection notice, governing law, and indemnification.
You agree to indemnify, defend, and hold Beerock Studios, LLC, and our affiliates, directors, officers, employees, and agents harmless from and against any claims, costs (including reasonable attorneys’ fees), liabilities, or other loss arising from or relating to any breach of these Terms, including use of the Service in violation of the acceptable conduct rules set forth above.
Limitation Of Liability and Disclaimer of Warranties
to the fullest extent permissible by law, In no event shall Beerock Studios, LLC, or its affiliates, directors, officers, employees, agents, suppliers, or licensors, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, or goodwill, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; or (iv) access, use, loss, or alteration of any transmissions or content submitted by you or using your account. The preceding sentence shall apply to the fullest extent permissible by law regardless of whether a claim for damages is based on warranty, contract, tort (including negligence) or any other legal theory, regardless of whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUR MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Beerock Studios, LLC and its affiliates, agents, suppliers, and licensors do not warrant that (a) the Service will function in an uninterrupted or fully secure manner, (b) the service will be available at any particular time or location, (C) any errors or defects in the service will be identified or corrected, (d) the Service is free from viruses or other harmful components, or (e) the use of the Service will meet your requirements or expectations.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and all implied warranties are hereby expressly disclaimed.
PLEASE Note that some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Consumer Protection Notice
Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.
Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence.
To the extent permitted by law, these Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements regarding the Service.
Revisions to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You should review the Terms from time to time. The “Last updated” date set forth above will reflect the date of our last modification, so that you will know whether you have reviewed the current version of these Terms.
By continuing to access or use our Service after any revisions to the Terms become effective, you agree to be bound by the revised Terms. If you do not agree to any of the revised Terms, you should refrain from accessing or using the Service.
If you have any questions about these Terms, please contact us at the following e-mail address: [email protected].