TERMS OF SERVICE AGREEMENT
LICENSE TO USE THE SERVICE
Subject to your compliance with these Terms, Studio Tatsu grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal and non-commercial use.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Service, including without limitation all content, software, designs, logos, graphics, and trademarks, are owned by or licensed to Studio Tatsu. You acknowledge and agree that you have no ownership or other proprietary interest in the Service.
UNSOLICITED SUBMISSIONS AND FEEDBACK
Studio Tatsu does not accept or consider unsolicited submissions of any kind, including game concepts, ideas, suggestions, or feedback (collectively, “Submissions”). If you submit any Submissions to Studio Tatsu, you agree that such Submissions are not confidential and Studio Tatsu shall have the right to use, copy, modify, publish, or otherwise exploit the Submissions in any manner without compensation or attribution to you.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Studio Tatsu respects the intellectual property rights of others and expects our users to do the same. If you believe that your copyright has been infringed on the Service, please send a written notice to Studio Tatsu’s designated Copyright Agent at [email protected]. Your notice must include a detailed description of the copyrighted work that you claim has been infringed, the location of the infringing material on the Service, your contact information, and a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
Studio Tatsu complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing: (a) 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; (b) 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 the service provider to locate the material; (c) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address; (d) 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 (e) 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.
MISREPRESENTATION AND FALSE CLAIMS OF DMCA
If you knowingly misrepresent that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees, under the DMCA.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. STUDIO TATSU MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. STUDIO TATSU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDIO TATSU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STUDIO TATSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL STUDIO TATSU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.
You agree to defend, indemnify, and hold harmless Studio Tatsu and its officers, directors, employees, and agents from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Service, your breach of these Terms, or your violation of any law or the rights of a third party.
When using the Services or contributing user-generated content, you agree to refrain from engaging in any of the following conduct:
- Posting or transmitting any material that is obscene, offensive, discriminatory, defamatory, threatening, or harassing in nature.
- Infringing on the intellectual property rights of any third party, including copyright, trademark, or trade secret.
- Posting or transmitting any material that contains viruses or other harmful components.
- Attempting to gain unauthorized access to the Services, other users’ accounts, or any part of the Services.
- Using the Services to engage in any fraudulent or illegal activity, including but not limited to hacking, phishing, or spamming.
- Engaging in any conduct that is harmful to minors, including but not limited to child pornography or sexual exploitation.
- Using the Services to transmit unsolicited advertising or promotional materials.
- Attempting to impersonate another user, entity, or third party.
- Using the Services to post or transmit any material that violates any applicable laws or regulations.
Studio Tatsu may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your license to use the Service will immediately terminate and you must cease all use of the Service.
GOVERNING LAW AND JURISDICTION
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of laws provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Madison County, Alabama for any disputes arising out of or relating to these Terms or your use of the Service.
CHANGES TO THESE TERMS
Studio Tatsu reserves the right to modify or revise these Terms at any time, and your continued use of the Service following any changes shall indicate your acceptance of the modified Terms.