Last Updated: June 27, 2020
WELCOME TO LETTERBOUND!
THIS AGREEMENT GOVERNS YOUR USE OF THE GAME AND ALL RELATED SERVICES, INCLUDING THIS WEBSITE.
BY DOWNLOADING, INSTALLING, OPENING, PLAYING, OR OTHERWISE USING THE GAME OR OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE GAME OR USE OUR SERVICES.
1.2 “Feedback” means any suggestions, ideas, comments, postings, statements, designs, testimonials, endorsements, and all other types of information you provide to us through any feature or function of the Game or our Services.
1.3 “Game” means the video game LETTERBOUND, including all software and software updates, all artwork, animations, music and sounds, audio-visual components, effects, upgrades, bug-fixes, characters, names, locations and settings, dialogue, catchphrases, and all other features and functions of the Game, whether acquired initially or later. The Game also includes all trademarks, trade names, titles, branding, and logos incorporated therein.
1.4 “Services” means any service, function, or feature offered by Hunt & Peck, whether on-line or otherwise, including the Game and the Website, and features that may be available through our Discord server or social media page(s).
1.5 “Hunt & Peck”, “we”, “us”, and “our” means Hunt & Peck Games LLC, a Washington State limited liability company, along with our affiliates, related companies, parents, subsidiaries, officers, directors, principals, predecessors, successors, licensees, co-ventures, permitted assigns, and agents.
1.6 “Third Party Content” means any software, artwork, dialogue, characters, settings, animation, audio-visual work, mark, trademark, script, music, sounds, codes or scripts, and any other intellectual property work created by a third party.
1.7 “Website” means the website located at https://letterbound.io.
2.1 We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, non-commercial, and revocable license to install and use the Game (and their related Services) on one computer (a “Gaming Platform”). For clarity, the license we grant to you is not and cannot be construed as a sale of any right, title, or interest in the Game or our Services, which we solely retain.
2.2 This Agreement does not grant you title or ownership in the Game or our Services. The licenses granted to you in this Agreement are effective on the date you use any feature or function of the Game or our Services and terminates on the earlier of the date you dispose of the Game or we terminate this Agreement as provided below.
2.3 This Agreement does not to govern or change, in any way, the relationship you hold with any third party or any license you have from any third party.
2.4 You agree that your use of the Game or Services does not grant or confer to you any interest, monetary or otherwise, in any aspect or feature of the Game or our Services or the right to continued use of the Game or our Services. At our sole discretion, we may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect, feature, or function of the Game or Services at any time and without prior notice or cause.
3.1 We reserve the right to limit or revoke your access to the Game or our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Game or our Services is unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for you to have access to the Game or our Services.
3.3 You are also responsible for ensuring that all persons who access the Game or our Services through your internet connection are aware of this Agreement and comply with them.
3.5 If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Game or our Services by using your username, password, or other security information.
3.6 We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, or otherwise terminate your license to and use of the Game and our Services at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
4.1 The term of this Agreement commences on the date you first install or otherwise use the Game or our Services and ends on the earlier of the date you dispose of the Game or we terminate this Agreement.
4.2 Without prejudice to any of Hunt & Peck’s rights in this Agreement or remedies available to us at law, we can terminate this Agreement immediately and without refund or reimbursement if:
(II) You circumvent or attempt to circumvent the technical protection measures we have implemented for the Game or Services (which may include DRM software).
4.3 We can also terminate this agreement for any commercially viable reasonable reason including if we decide to remove either the Game or Services or both from the marketplace.
4.5 Except to the extent required by law, all payments and fees paid to Hunt & Peck or any third party operating on behalf of Hunt & Peck are non-refundable, regardless of whether or not this Agreement has been terminated.
5.1 This Website, the Game, and our Services, including all contents, features, and functionality are owned by Hunt & Peck or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 You acknowledge that you do not have any ownership or property interest in any account, Digital Content, User Generated Content (when created by others), or in any content accessible by you as part of the Game or Services. Hunt & Peck reserves all right, title, and interest in all aspects, features, and functions of the Game and our Services.
5.3 This Agreement permits you to use the Game and our Services for your personal, non-commercial use only. No part of the Game or Services may be copied, reproduced, or distributed in any manner or medium without our prior written consent. Any person who copies, reproduces, or distributes all or any portion of the Game or our Services in any manner or medium is willfully violating copyright law and may be subject to civil and criminal penalties in the United States and/or their local country.
5.5 Hunt & Peck Games, the name LETTERBOUND, the company logo, and all related names, logos product and service names, designs, and slogans are Hunt & Peck trademarks. You must not use such marks without our written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6.1 From time to time, we may provide patches, updates, or upgrades to the Game or Services. In these cases, you may be required to install or reinstall the respective Game or Services. We may also update the Game or our Services remotely without notifying you, and you consent to Hunt & Peck remotely applying any such patch, update, or upgrade to the Game or Services on your Gaming Platform.
7.1 As part of your use of the Game or Services, you may privately enjoy the music and sounds we provide in the context it is designed and performed in the Game. The right you enjoy in our music and sounds is limited to your private non-commercial use. You may not perform or make our music or sounds available in a public setting without a separate license, which Hunt & Peck may provide at its sole discretion.
7.2 We may or may not grant you a right to use, modify, or publish our music or sounds as part of your User Generated Content. In the event we grant you a license to such musical works or sounds, the terms of any such license must be obtained by you from us in advance and in writing. We reserve the right to limit any term or use of any such use at our sole discretion. Please contact us for more information.
7.3 If you are a composer or musical artist and affiliated with a performing rights organization, for example, ASCAP, BMI, or you are under contract with a music publisher, record label, or have assigned rights to your musical works to a third party, you may not incorporate any Game or Services musical work or sounds into any User Generated Content or other work without our express, prior written permission. In all such cases, you must warrant that you have the sole right to your works and that Hunt & Peck has no obligation to pay any royalties or fees to any third party in conjunction with our use or exercise in your User Generated Content.
8.1 The Digital Content you obtain through the Game, our Services, or through a Hunt & Peck authorized third party is licensed to you, not sold.
8.2 You agree a Digital Content license does not give you any claim, right, title, proprietary, or ownership interest in the Digital Content you obtain. Hunt & Peck is not liable for the destruction, deletion, modification, impairment, hacking of, or any resulting damage or loss caused to any Digital Content you may have licensed, including when we delete or modify your access to the Game or Digital Content at the termination or expiration of this Agreement for any reason. In our sole discretion and without prior notice or liability to you, we may administer, modify, substitute, replace, suspend, terminate, or cancel, or eliminate your Digital Content, including your ability to access the same. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Digital Content except as expressly permitted by this Agreement.
8.3 You also agree that any use of Digital Content is limited and confined within the properly working functions and features of the Game and our Services as designed and intended by Hunt & Peck. You may not buy, sell, gift, trade, sublicense, lease, rent, or offer to sell, gift, trade, sublicense, lease, rent any Digital Content (each a “Tender”), except when authorized in advance in writing by Hunt & Peck. Any attempt to Tender Digital Content through means or methods other than as provided by Hunt & Peck or a Hunt & Peck authorized third party is null and void and may result in the immediate termination of your license and your use of the Game and our Services.
8.4 We may limit the number of digital items you can obtain, earn, accumulate, redeem, or otherwise use in the Game and our Services. Some Digital Content may have expiration dates, in which case, the Digital Content will no longer be accessible after the expiration date.
9.1 When you provide Hunt & Peck any Feedback on the Game or regarding our Services, you grant us a royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit Feedback for any purposes, for all current and future methods and forms of exploitation.
10.1 The Game and our Services may allow you to create, develop, modify, or contribute content, including (as examples only) by participating in chat rooms, creating and interacting with game objects and locations, capturing screenshots, employing music and sounds, creating audio-visual works, designing and improving characters, maps, and other in-game items, and creating gameplay videos and other audiovisual works (together, “User Generated Content”). Any User Generated Content you post will be considered non-confidential and non-proprietary.
10.2 You agree that your ability to create, use, and publish User Generated Game is limited to and subject at all times to the terms of this Agreement. While you may retain certain intellectual property rights in your User Generated Content, as specified by law, those rights extend only to the new and original content you create as part of your User Generated Content. These rights do not extend to or grant you any rights in the Game or our Services.
10.3 In the event your User Generated Content gives rise to copyright or other intellectual property interest, you grant to Hunt & Peck an exclusive, fully sublicensable, perpetual, irrevocable, fully transferable, and worldwide right and license to use and modify your User Generated Content in any way and for any purpose in connection with the Game and related goods and our services, including the right to broadcast, reproduce, copy, adapt, modify, perform, display, publish, transmit, or otherwise communicate to the public by any means whether now known or unknown and to distribute your User Generated Content without any further notice or compensation to you of any kind for the duration of the protection granted to intellectual property rights by applicable laws and international conventions. The license granted to Hunt & Peck herein includes your waiver of all moral rights (including all rights of paternity, publication, reputation, or attribution), and this waiver survives any termination of this Agreement for any reason.
10.4 You understand that your User Generated Content cannot violate the intellectual property rights of any other party:
(I) You may not create, include, generate, publish, or make Third Party Content available through, with, or in conjunction with your User Generated Content without obtaining, before such use, a license to use such works within or in conjunction with your User Generated Content.
(II) You may not violate or infringe any copyright, trademark, patent, trade secret, moral right, or the right of privacy or publicity of any individual.
(III) You are solely obligated, at your own cost, to license or pay any fee or penalty for your use of any Third Party Content.
10.5 You further agree that your User Generated Content will not include any offensive, inaccurate, indecent, or otherwise objectionable content, which Hunt & Peck may determine in its sole discretion. You are solely responsible and liable for all actions that result from your User Generated Content, and you indemnify and will hold Hunt & Peck harmless for all such use.
10.6 Hunt & Peck, in its sole discretion and for any reason, may take down, remove, modify, limit, or remove your User Generated Content from our Game or Services for any or no reason. Notwithstanding the foregoing, Hunt & Peck is not responsible for editing, modifying, or controlling your User Generated Content or for any result it may cause, including, without limitation, injury to others.
10.7 Hunt & Peck reserves the right, at any time and for any reason, to remove, block, screen, delete, or refuse to publish or use your User Generated Content.
10.8 We are not responsible or liable to any third party for the content or accuracy of any User Generated Content posted by you.
10.9 If you believe that any User Generated Content violates your copyright or other intellectual property rights, please contact us using the contact information at the end of this Agreement.
11.1 All commercial uses of the Game or our Services are strictly prohibited.
11.2 You are expressly prohibited from sublicensing, renting, leasing, transferring, or otherwise distributing the Game or our Services to any other party.
11.3 You may use the Game or our Services only for lawful purposes and in accordance with this Agreement. You agree that you will not:
(I) Violate any other term, policy, license, or code of conduct we issue in association with this Agreement or your use of the Game or our Services, including our Community Guidelines, as updated from time to time.
(II) Use the Game or our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
(III) Directly or indirectly cause the Game or Services to be available on any network, FTP, torrent, file-sharing service or device, intranet, or “cloud”, for multiple users, or on more than one Gaming Platform at the same time, whether through installation or otherwise.
(IV) Directly or indirectly cause the Game or Services to be available at a computer gaming center, café, or any location-based or public site, whether through installation or otherwise unless Hunt & Peck provides you with a separately written license prior to any such use.
(V) Reverse engineer, decompile, disassemble, display, perform, create derivative works, or otherwise modify the Game or Services in whole or in part without our prior written authorization.
(VI) Remove, modify, or obscure any trademarks, proprietary notices, marks, titles, or labels contained on or within the Game or included with our Services.
(VII) Restrict or inhibit other users from using or enjoying the Game or our Services, which we may determine in our sole, good faith discretion.
(VIII) Impersonate or attempt to impersonate Hunt & Peck, a Hunt & Peck employee, another user, or any other person or entity including, without limitation, by using any other person’s email address or usernames.
(IX) Transport, export, or re-export (directly or indirectly) the Game or our Services into any country forbidden to receive the Game or Services under any U.S. export law or regulation (including economic sanctions), or otherwise violate any laws or regulations.
(X) Violate any applicable law or regulation in connection with your use of the Game or our Services or use the Game or our Services to gamble, promote drug use or other illegal activities, phish, solicit, spam, make threats, threaten harm to yourself or others, or engage in any activity that violates federal or state law, discusses illegal activities with the intent to commit them, infringes the intellectual property rights of others, or contains obscene (i.e. pornographic) language or images.
(XI) Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Game or our Services, or which, as determined by us, may harm Hunt & Peck or other users of the Game or our Services, or expose them to liability.
12.1 We want you and others to have a great experience when playing LETTERBOUND. When interacting with other players, whether through the Game or our Services, we require that you comply with these Community Guidelines:
(I) Keep things private. Do not share your personal information or account with anyone.
(II) Play nice. Respect other players. Do not behave in a way that is threatening, intimidating, lewd, demeaning, derogatory, invasive of privacy, or abusive. Bullying and other unlawful, abusive, and belligerent acts and statements are prohibited.
(III) Be a good virtual citizen. Do not engage in disruptive behavior, including but not limited to directly or indirectly enabling commercial postings, solicitations, advertisements, causing repetitive text, hitting the return key excessively, and sending unwanted messages and abusive communications of any kind.
(IV) Keep things clean. Use appropriate language when communicating with others. Do not post, display, or direct others to obscene and pornographic material.
(V) Be real. Provide only information that is true to the best of your knowledge. Do not pretend to be or give people the impression that you are someone you are not. Do not impersonate others, whether celebrities and other public figures, other users, streamers, government officials, Hunt & Peck employees, or anyone else. Do not give false or misleading information when Hunt & Peck requires you to provide us information.
(VI) Play fair. Do not cheat, grief, exploit bugs or design errors, or attempt to circumvent any protection or safeguard we employ in the Game or Services.
(VII) Be a good person. Hate speech is strictly prohibited. Do not demean, defame, marginalize, or criticize another person or group. Racial, ethnic, religious, slanderous, and highly offensive or hateful statements and communications are forbidden in the Game and on our Services.
(VIII) Do not steal anyone else’s work. Do not post, display, share, or use our artwork, sounds, music, video, animations, trademarks, logos, or any other copyrighted, trademarked, or protected work.
12.2 If you violate our Community Guidelines, we will determine, in our sole but good faith discretion, what action to take. We may provide you a warning, depending on the on the severity of the activity in which you were engaged. If we believe the severity of the act warrants it, we may terminate your license and ban you from any further use of the Game and our Services.
13.1 Hunt & Peck has the right to monitor the use of the Game and our Services. However, we do not undertake to review material before it is posted on the Game or our Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
13.2 The Game may include digital rights management software (“DRM”), along with other access measures and technology that control your access to the Game and our Services. The technology and access measures we incorporate may also include license management, software activation, and other security technologies that monitor usage, provide time and date monitoring, counters, serial numbers, and other security technology designed to prevent unauthorized access, use, and copying of the Game, our Services, or components thereof. The Game and any associated DRM may require an Internet connection to access certain features, to authenticate the Game, certain Services, or to perform other functions. Only validly licensed users will have access to certain Services, including Internet-based updates and patches. You agree not to interfere or to attempt to disable or circumvent any such security features. If you attempt to disrupt or interfere with any of our security or technology measures, the Game or Services may not function properly.
13.3 We may cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Game or our Services. YOU WAIVE AND HOLD HARMLESS HUNT & PECK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HUNT & PECK DURING OR AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HUNT & PECK OR LAW ENFORCEMENT AUTHORITIES.
14.1 The Game or our Services may contain third party software that requires notices and/or additional terms and conditions (including, without limitation, analytics software, and ad serving technologies as discussed below). Such required third party software notices and/or additional terms and conditions are located on our Website and all such terms are made a part of and incorporated by reference into this Agreement.
14.2 The Game or our Services may contain content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
14.3 The Game or our Service may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15.2 Be assured that LETTERBOUND does not currently employ analytics tools or ad serving technologies, but we may collect certain information during Gameplay that allows us to better understand how players are interacting with the Game and our Services. We do this on a collective and not an individual basis to improve Gameplay, identify bugs, and identify features and functions of the game that work well or that may need improvement. In the event the game crashes a bug affects Gameplay, we may collect information that helps us identify the source of the crash or bug, including the type of operating system you are using. In all cases, we collect only the information reasonably necessary to identify the suspected error.
16.1 YOUR USE OF THE GAME OR OUR SERVICES IS AT YOUR OWN RISK.
16.2 THE GAME AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, INCLUDING THAT IT WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. THE GAME AND OUR SERVICES ARE PROVIDED TO YOU WITH ALL FAULTS, AND HUNT & PECK, OUR AFFILIATES, LICENSORS AND DEVELOPERS AND SUPPLIERS EACH DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. IN ADDITION TO THE FOREGOING, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR NON INFRINGEMENT.
16.3 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, NOR OUR AFFILIATES, LICENSORS, DEVELOPERS, SUPPLIERS, OR SUBSIDIARIES BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE GAME, OR OUR SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT HUNT & PECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17.2 You agree that your exclusive remedy and our entire liability for breach of this Agreement is limited, at our sole and exclusive discretion, to (1) replacement of the Game or Services; or (2) refund of the license fee you paid, pursuant to our refund policy in effect at the time. In no event will our total liability to you for all damages (except as required by applicable law) exceed the amount you paid to license the Game.
17.3 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
18.1 Hunt & Peck is located in the State of Washington in the United States. The Game and our Services are provided for use only by persons located in the United States. We make no claims that the Game or our Services or any of its content is accessible or appropriate outside of the United States. Access to the Game or our Services may not be legal by certain persons or in certain countries. If you access the Game or our Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18.2 You agree to comply with all export and import laws and restrictions and regulations of the United States and any foreign nation. You further agree not to export, re-export, or import the Game, our Services, or any related documentation in violation of any such restrictions, laws, or regulations. You agree not to transfer the Game, our Services, or any of its supporting documentation to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Hunt & Peck is prohibited from transacting business under applicable law.
19.1 You agree to indemnify, hold harmless, and defend Hunt & Peck, our affiliates, licensors, and suppliers from all costs, damages, and reasonable attorneys' fees resulting from your use of the Game and our Services, any breach of this Agreement or any allegation or claim that your use of the Game or our Services has violated any right of any third party or law. You agree that neither Hunt & Peck nor our affiliates, licensors, or suppliers have any obligation to defend, indemnify, or hold you harmless in any way related to this Agreement, including the use of the Game or Services by you or any other person.
20.1 All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of Washington in each case located in the City of Seattle and County of King, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding.
20.2 The sole and exclusive jurisdiction and venue for actions related to the subject matter not subject to the binding individual arbitration provision below shall be the state and federal courts located in King County, Washington United States of America. You and Hunt & Peck each irrevocably consent to the jurisdiction of such courts (without affecting either party’s right to remove a case to federal court, if possible) and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by the State of Washington or federal law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The terms of this Agreement will not be construed as against the drafter.
21.1 If you and Hunt & Peck are unable to resolve a dispute through informal negotiations within 30 days after receipt of the notice of dispute (as sent by you to us at our legal address provided above, or by us to you at your email address or physical address as determined by Hunt & Peck), you and Hunt & Peck each agree that any claim or controversy arising out of this Agreement or the Game shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in King County, Washington, USA, and you waive any claim that such a forum is inconvenient. Each claim or controversy will be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The arbitrator may not change the terms of this Agreement. The arbitrator may award injunctive or other equitable relief to enforce the terms of this Agreement, provided that no injunctive or equitable relief may be awarded that would enjoin or impair our rights or ability to distribute or otherwise market, advertise, promote, or exploit the Game.
21.2 If it is judicially determined that a claim or controversy arising out of or related to this Agreement, the Game, or our Services cannot be settled by binding arbitration, as provided above, then you agree that any such claim or controversy will be brought and maintained in the state or federal courts located within King County, Washington, USA, as set forth under the Governing Law paragraph above. You waive any claim the state or federal forum is inconvenient.
21.3 Hunt & Peck is not precluded from seeking any injunctive or other relief for protection of our intellectual property rights or similar rights in any court of competent jurisdiction. Because we would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that we will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Hunt & Peck may otherwise have under applicable laws.
21.4 The prevailing party in any action to enforce this Agreement is entitled to recover costs and expenses including, without limitation, reasonable attorney’s fees.
21.5 At our option, Hunt & Peck has the further right, but not an obligation, to defend or settle any action or proceeding arising from a claim that your permitted use of the Game or our Services infringes or misappropriates any patent, copyright, or other ownership of a third party. All notices of such claims must be sent to Hunt & Peck within fourteen (14) days of your first knowledge of any such alleged infringement, at our address as provided in the Notices and Consent to Electronic Notice section of this Agreement. We will have sole discretion and control over the defense or settlement of any such claim unless it declines to defend or settle such claim, in which case you are free to pursue a course of action as you reasonably determine. We are not obligated to indemnify or hold you harmless with respect to any actions, proceedings, or claims. In the event of such a claim, or if we believe such a claim is likely, we may: (1) procure for you the right to continue using the Game; (2) modify the Game or Services so that it becomes non-infringing; or (3) terminate this Agreement. You agree to comply with any court judgment or other conditions imposed on you or us as a result of an allegation of a patent or copyright infringement.
22.1 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
22.2 If for any purpose you provide Hunt & Peck with your email address, you agree to receive all notices and communications (“Notices”) from us in electronic form at the email address you provide to us. Delivery of any Notice from Hunt & Peck is effective when sent to your email address, regardless of whether you actually receive or read the Notice. You agree to send us all legal notices, including notices of dispute and/or notices of infringement, to the address listed below. IF YOU HAVE PROVIDED YOUR EMAIL ADDRESS AND DO NOT WISH TO CONSENT TO ELECTRONIC NOTICE, YOU MUST UNINSTALL THE GAME AND DISCONTINUE ALL USE OF THE GAME AND OUR SERVICES.
22.4 All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities, or likenesses that may incidentally resemble an existing product, service, or person. We do not claim any right, obligation, or liability in and to user generated-content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remain with its respective owners.
25.1 Feedback, comments, questions, requests for technical support, or other communications under this Agreement, should be directed to:
Hunt & Peck Games LLC
10034 68th Ave S
Seattle, WA 98178