STUDIO 369 Inc
Terms of Service
Effective Date: Jan 1, 2021
This Terms of Service agreement (“Terms”) is a legal contract between STUDIO 369 INC (“Company”, “we” “our”, “us”) and you. The Terms govern your access and use of this website, www.369.fun and our related services, software, games, mobile applications, products, and content (collectively “Services”). Read Terms before you access or use any of the Services.
BY ACCESSING OR USING ANY OF THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS, WHICH INCORPORATE OUR PRIVACY POLICY FOUND www.369.fun/privacy IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE: UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 14, THE TERMS INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. READ SECTION 14 CAREFULLY.
We can change these Terms at any time. If a change is material, we will notify you before it takes effect (“Effective Date”). Read Section 8 below for details.
Table of Contents
1. Eligibility & Scope. 4
2. License. 4
2.1. Grant. 4
2.2. Limitations. 4
2.3. Reservations. 4
3. User Account Registration.. 5
4.1. Digital Content. 5
4.2. Charges. 5
4.3. Limited Rights. 6
4.4. Payment Features. 6
5. Conditions of Use & Codes of Conduct. 6
5.1 6
5.2 Violations. 7
6. Content, Licenses and Ownership.. 8
6.1. Content Licenses. 8
6.2. Limited Screening. 8
6.3. User Content Responsibilities. 8
6.4. User Feedback.. 8
6.5. Copyright Complaints & DMCA.. 9
6.6 Content Removal 9
7. Third-Parties. 9
7.1 9
8. Changes to these Terms. 10
8.1 10
9. Notice. 10
9.1 10
10. Term and Termination.. 10
10.1 10
11. Risks & Disclaimer of Warranty.. 10
11.1. RISK & SPECIAL NOTICES. 10
11.2. NO WARRANTY.. 11
11.3. LIMITATION OF LIABILITY.. 11
11.4. Warranties Material 11
12. Fees, Costs, Taxes, Equipment, Software. 11
12.1 Fees and Costs. 11
12.2 Taxes. 11
13. Indemnity.. 12
14. Dispute Resolution.. 12
14.1. Arbitration.. 12
14.2. JURY WAIVER.. 13
14.3. Right to Opt Out. 13
15. Miscellaneous Provisions. 13
15.1. Entire Agreement. 13
15.2. Non-Assignment. 13
15.3. No Waiver. 13
15.4. Severability.. 13
15.5. Governing Law... 13
16. Contact. 13
1. Eligibility & Scope
1.1 The Services are not accessible to children under the age of 13. You must be 13 years of age or older to create an account. By creating an account, you affirm and represent that you are over 13 years of age. If you are aged between the age 13 and 18 (or the age of majority where you live), you and your parent or guardian must review these Terms together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Services. These Terms are in addition to, and do not replace or change, any other agreements you enter into with Company, which may include but are not limited to end user license agreements, special device terms of use, community standards and contest, competition, or promotion-related terms.
2. License
2.1. Grant. The Services are licensed to you, not sold. Company grants you a personal, limited, non-transferable, revocable and nonexclusive license to use the Services for non-commercial use and subject to your compliance with the Terms. You may not sublicense, rent, lease, transfer or otherwise distribute the Services or any sub portion thereof.
2.2. Limitations. Your right to use the Services is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Services or any component thereof. You are prohibited from making any copies of the Services or any component thereof available on a network where it could be used or downloaded by multiple users.
2.3. Reservations. We reserve all right, title and interest in the Services. The Company or its licensors own or reserve all rights, including all right, title and interest in the Services and associated intellectual property rights, including all software applications, materials and content embodied or accessible therein (including but not limited to all characters, images, photographs, animations, video, music, text, structure, organization, and code), and all associated copyrights, trademarks, and other intellectual property rights. You agree to protect Company’ copyright and other ownership interests in all elements or components of the Services. You may not decompile, disassemble, or reverse-engineer or attempt to extract or otherwise use source code or other data any of the Services, or any component thereof, by any means whatsoever unless expressly authorized by us or permitted by law. You may not remove, alter, or obscure Company’s trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices, including any third party intellectual property notices, in the Services or related assets.
2.4. Services Updates, Changes, and Support. Company reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Company be liable for the removal of or disabling of access to any portion or feature of the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating. We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate these Terms, our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
3. User Account Registration
3.1 Registration. To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree: (i) to provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; (iii) promptly provide notice at accounts@369.fun you discover or otherwise suspect any security breaches related to the Services; and; (iv) abide by applicable user conduct rules, including username rules we post on our Services.
4. Other Features
4.1. Digital Content. You may have the ability to purchase digital content through the Services. You also may have the ability to purchase additional or enhanced functionality or media content within certain Services (collectively, “Purchases”). Except as described in these Terms, we have no responsibility for any transactions you enter into with a third party for Third Party Content or Purchases and assume no liability for Third Party Content or Third-Party Game Purchases that occur within Third Party Content.
4.2. Charges. You are responsible for all charges incurred in connection with your account. We may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, we reserve the right, subject to any limitations under applicable laws, to collect fees, surcharges, r costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before we will allow you to register again.
4.3. Limited Rights. Your purchase of a virtual item or in-game currency within the Services is a payment for a limited, non-assignable license to access and use such content or functionality in the Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Services can only be used in connection with the Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
4.4. Payment Features. We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with the payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
5. Conditions of Use & Codes of Conduct
5.1 When you access or use the Services, you agree that you will not:
● Violate any applicable law or regulation;
● Use any software or program that damages, interferes with or disrupts the Services or another's computer or property, including (by way of example) by disrupting the access of any user, host or network, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a scanner as to interfere with or create an undue burden on the Services;
● Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third parties;
● Access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers;
● Access or search the Services by any means other than the currently available published interfaces (e.g., APIs) that we provide;
● Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send deceptive or false, source-identifying information;
● Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited. Interfere with or disrupt any aspect of the Services or any server or network used to support or provide the Services, including any hacking or cracking into the Services;
● Interfere with or disrupt another player's use of or enjoyment of the Services, including, but not limited to, disrupting chat or dialogue by, for example, using vulgar or harassing language, being abusive or "spamming";
● Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable;
● Publish, post, upload or distribute UGC that is illegal or that you don't have permission to freely distribute;
● Publish, post, upload or distribute any inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, invades another's privacy, vulgar, offensive, indecent or unlawful topic, name, material or information. This includes your screen names and personas;
● Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities;
● Impersonate another person or falsely imply that you are a Company employee or representative;
● Improperly use support or complaint buttons or make false reports to Company staff;
● Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services;
● Use any robot, spider, crawler, scraper or other automated device, means, or process not provided or authorized to access the Services, copy material, or extract data. Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool;
● Modify any file or any other part of the Services without prior, express authorization from Company;
● Use exploits, cheats, undocumented features, design errors or problems in the Services.
● Use or distribute counterfeit software or Company Content;
● Attempt to use the Services on or through any service that is not controlled or authorized by Company;
● Sell, buy, trade, or otherwise transfer your authorized Account, any personal access to the Services, or any Content associated with the Services, unless expressly authorized by Company;
● Use the Services in a country in which Company is prohibited from offering under applicable export control laws;
● If an element of the Services requires you to create a "user name" or a "persona" to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that Company determines is vulgar or offensive or violates someone else's rights; and/or
● Promote, encourage or take part in any prohibited activity, described above.
5.2 Violations. If you or someone using your authorized user account violates these rules, Company may take action against you, including revoking access to the Services and Content or terminating your access. When practical, Company will notify you of the action it will take in response to violations of these rules or breach of this Agreement. Specific elements or features of the Services may post additional rules that apply to your conduct on those services. If you encounter another user who is violating any of these rules, please report this activity by contacting customer services at support@369.fun
6. Content, Licenses and Ownership
6.1. Content Licenses. The Services includes content ("Content”), by which we mean the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from the Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes any user personas, forum posts, profile content and other Content contributed by users to the Services. By posting content to the Services or “UGC,” you give us a nonexclusive license to publish it on the Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it and also includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised.
6.2. Limited Screening. Company reserves the right but does not assume any responsibility or liability for UGC. This also means the Company does not pre-screen all UGC and does not endorse or approve any UGC available on the Services. In consideration for Company granting you access to and use of the Services, you agree that the Company may enable advertising on the Services, including in connection with the display of your UGC or other information. We may also use UGC to promote our Services, including its products and content. Company may, in its discretion, monitor or record online activity or Content on the Services and may remove any Content from any the Service at its discretion.
6.3. User Content Responsibilities. You are also responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting content to the Services, you are representing that you have the right to do so. We can remove any content you post for any reason. Remember that your communications and your UGC in the Services may be public and seen by others.
6.4. User Feedback. Separate and apart from UGC you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Company and our Services (collectively, “Feedback”). You agree that Company shall be able to use the Feedback in any way it may choose without any obligation to you.
6.5. Copyright Complaints & DMCA. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we remove material after receiving a valid DMCA complaint take down notice. Under our DMCA Policy, we will terminate, in appropriate circumstances and in our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Please see the legal requirements of a proper notification under DMCA, 17 U.S.C. §512(c)(3), available at here and at the following address: http://www.copyright.gov/title17/92chap5.html#512
If you knowingly misrepresent in your notification that the material or activity is infringing or violating any existing trademarks, copyrights, patents, or other legal rights, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
6.6 Content Removal. You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 14 days after you delete it.
7. Third-Parties
7.1 Elements or components of the Services, including the website, contests, and user support may be delivered via servers and technology not owned or controlled by Company. Company does not control those services and is not responsible for your use of the Services on or through them. These third-party services may subject you to additional or different terms and restrictions. Our Services may include hyperlinks to third party web sites. Those sites may collect data or solicit personal information from you. Company does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
8. Changes to these Terms
8.1 Company reserves the right to make change to these Terms at any time. If a change is material, we will notify you before the changes take effect (“Effective Date”) by sending you an email notification (at the address you’ve provided), posting a notice on or through the Services, and/or providing a new Effective Date above. By using the Services on or after the Effective Date, you agree to the new Terms. If you don’t accept the new Terms, you should delete your account before they take effect; otherwise, your use of the Services will be subject to the new Terms.
9. Notice
9.1 In accordance with provisions in the Terms requiring that Company give notice to you, Company will do so by means of a general notice on both the home page and this page of our website or email to your email address on record in your account (if you have created an account) at Company’ discretion. If you are required under the Terms to give notice to Company, you can do so by means of email to: support@369.fun or by first class mail, postage prepaid, or overnight courier to:
Studio 369 Inc
1810 East Sahara Avenue, Suite 215, Las Vegas, NV 89104, USA
Attn: Legal
10. Term and Termination
10.1 This Agreement is effective until terminated by you or Company in accordance with the notice provisions below. Company may terminate your access and use of the Services or your authorized account if Company determines that you have violated the Terms or that there has been otherwise unlawful, improper or fraudulent use of the Services associated. When practical, Company will notify you of the termination. Upon termination, your license under the Terms also shall terminate. Upon termination for any reason, you must immediately cease using the Services and destroy all copies of any software application within your possession or control. Paragraphs 6, 9, 10, 11, 12, 13, 14, 15, and 16 of this Agreement shall survive any termination or expiration of the Terms.
11. Risks & Disclaimer of Warranty
11.1. RISK & SPECIAL NOTICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
We are based in the United States and our Services are subject to U.S. law. We make no representations or warranties that the Services are appropriate or available for use in other locations.
11.2. NO WARRANTY. COMPANY PROVIDES THE SERVCIES TO YOU AS IS AND AS AVAILABLE. THIS MEANS YOU USE THE SERVICES AT YOUR OWN RISK AND DISCRETION AND THE SERVICES DON’T COME WITH ANY WARRANTY - NEITHER EXPRESS, NOR IMPLIED WARRANTIES OF ANY KIND, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY TITLE OR NON-INFRINGEMENT.
11.3. LIMITATION OF LIABILITY. THE COMPANY WON’T BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USING THE SERVICES. THIS LIMITATION INCLUDES IF THE SERVICES ARE HACKED OR UNAVAILABLE AND IT INCLUDES ALL TYPES OF DAMAGES (INDIRECT, CONSEQUENTIAL, SPECIAL OR EXPEMPLARY). THE LIMITATION ALSO INCLUDES ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LOSS.
SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
11.4. Warranties Material. You agree that the sections and elements of the Terms that limit liability and disclaim warranties are material and essential terms of the Terms and that Company would not grant you the rights granted in these Terms without your agreement to so limit liability and disclaim warranties.
12. Fees, Costs, Taxes, Equipment, Software
12.1 Fees and Costs. Without limiting the generality of the foregoing, any and all fees or costs that you may incur in connection with accessing and/or using the Services or otherwise in connection with these Terms, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware equipment or software, taxes. wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of Company or any other individual or entity). Certain equipment and software is required to access and use the Services. You must also provide at your own expense the equipment, software, Internet connections or devices and/or service plans to access and use the Services.
12.2 Taxes. If your purchase or use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.
13. Indemnity
You agree to defend, indemnify and hold harmless Company, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of the Terms.
14. Dispute Resolution
14.1. Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Company may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Company or its assigns may be entitled under these Terms or applicable law, in the event of any actual or threatened breach of the Terms by you or on your behalf, Company would be irreparably damaged if these Terms were not specially enforced and, as such, you agree that Company shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of the Services. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to these Terms or the Services to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AND COMPANY 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 Company 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.
14.2. JURY WAIVER. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
14.3. Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding. You may opt out by mailing written notification to us at 1810 East Sahara Avenue, Suite 215, Las Vegas, NV 89104, USA. You must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us.
Unless you choose to opt out, this dispute resolution provision in Section 14 shall survive termination of these Terms.
15. Miscellaneous Provisions
15.1. Entire Agreement. The Terms are the entire understanding and agreement between you and Company with respect to the Services, and supersedes any prior written or oral agreements between the parties.
15.2. Non-Assignment. You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Company, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
15.3. No Waiver. Any failure to exercise any right provided in the Terms shall not be a waiver of prior or subsequent rights.
15.4. Severability. If a court of competent jurisdiction finds any provision of these Terms invalid, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
15.5. Governing Law. California law governs these Terms, without reference to its conflict of laws principles. You agree that any suit arising from the Services must take place in a court located in Los Angeles California.
16. Contact. If you have any questions about these Terms, or if you want to contact Company for any reason, please direct all correspondence to support@369.fun