Signal Studios Site Terms
Last Updated: March 20th, 2013
PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
These Site Terms (“Terms“) apply to your access to, and use of, the Websites of Signal Studios, LLC and its subsidiaries and affiliates (“Signal Studios“), including www.signalstudios.net (the “Site“), www.ascendgame.com and any services available through such Site (“Services“). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Signal Studios, or its subsidiaries or affiliates, for products, software, Services or otherwise. If you are using the Site or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Signal Studios for violations of these Terms.
Signal Studios reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site or the Services, please contact Signal Studios by emailing [email protected].
1. Privacy Policy
Please refer to our Privacy Policy http://www.signalstudios.net/privacy/ for information about how Signal Studios collects, uses and discloses personal information from its users.
2. Eligibility, Registration and Account
The Site and Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site or Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Site or Services.
In order to access certain areas and features of our Site or Services, you may need to register for an account and/or create a profile. When registering for an account or creating a profile, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names. By registering for an account or creating a profile, you also take responsibility for all activities that occur under your account or profile and accept all risks of unauthorized access.
You may not use the Site or Services or register for an account or create a profile if you: (a) have been previously suspended or removed from the Site; (b) have an existing Site account; or (c) do not have full power and authority to enter into this agreement or doing so will violate another agreement to which you are a party.
3. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Signal Studios logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials“) are the proprietary property of Signal Studios or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-transferable, non-exclusive license to access and use the Site and Site Materials; provided, however, that such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Signal Studios, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law, Signal Studios has adopted a policy of terminating, in appropriate circumstances and at Signal Studios' sole discretion, users or account holders who are deemed to be repeat infringers. Signal Studios may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Site 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.
Name of Agent Designated to Receive Notification of Claimed Infringement: Logan DeMelt
Full Address of Designated Agent to Which Notification Should be Sent: 18916 North Creek PKWY, STE 103, Bothell, WA 98011
Telephone Number of Designated Agent: 425-298-4682
Facsimile Number of Designated Agent: 425-298-0692
E-Mail Address of Designated Agent: [email protected]
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, 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. Trademarks
“Signal Studios,” the Signal Studios logos and any other Signal Studios product, game or service name or slogan contained on the Site are trademarks of Signal Studios or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Signal Studios or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Signal Studios” or any other name, trademark or product or service name of Signal Studios without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Signal Studios and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
7. Hyperlinks
You are granted a limited, non-transferable, non-exclusive license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Signal Studios or any of its products, games and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited license may be revoked at any time. You may not use a Signal Studios logo or other proprietary graphic of Signal Studios to link to this Site without the express written permission of Signal Studios. Further, you may not use, frame or utilize framing techniques to enclose any Signal Studios trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Signal Studios' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Signal Studios or any third party.
Signal Studios makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to the Site. Such sites are not under the control of Signal Studios and Signal Studios is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Signal Studios may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Signal Studios of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
8. Third Party Content
Signal Studios may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, the “Third Party Content“) as a service to those interested in this information. Signal Studios does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Signal Studios is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
9. Advertisements and Promotions; Third-Party Products and Services
Signal Studios may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Signal Studios is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Signal Studios advertisers or third party information on the Site.
10. Submissions
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Signal Studios, the Site or our products and Services (collectively, “Submissions“). Submissions, whether posted to the Site or provided to Signal Studios by email or otherwise, are non-confidential and shall become the sole property of Signal Studios. Signal Studios shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. User Content and Interactive Services or Areas
The Site or Services may include interactive areas or services (“Interactive Areas”) in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Sites (“User Content“). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Signal Studios, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Signal Studios or its users to any harm or liability of any type.
Signal Studios takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Signal Studios liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Site or Services is at your own risk. Enforcement of the User Content or conduct rules set forth in these Terms is solely at Signal Studios' discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by such rules. As a provider of interactive services, Signal Studios is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Signal Studios has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Signal Studios reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site or Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or Services at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site or Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site or Services.
If you post User Content to the Site or Services, unless we indicate otherwise, you grant Signal Studios and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Signal Studios and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site or Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
12. Indemnification
You agree to defend, indemnify and hold harmless Signal Studios, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or the Services; (b) any Submission you provide; (c) any User Content you post, store or otherwise transmit on or through the Site or Services or your use of the Site or the Services; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Site or Services.
13. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SIGNAL STUDIOS, THE SITE, THE SERVICES AND THE SITE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SIGNAL STUDIOS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE ,THE SERVICES AND ANY SITE MATERIALS, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. SIGNAL STUDIOS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SIGNAL STUDIOS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, SIGNAL STUDIOS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
14. Limitation of Liability
IN NO EVENT SHALL SIGNAL STUDIOS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM SIGNAL STUDIOS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SIGNAL STUDIOS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SIGNAL STUDIOS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SIGNAL STUDIOS FOR ACCESS TO OR USE OF THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. Modifications to the Site
Signal Studios reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, including the Services, without prior notice. You agree that Signal Studios will not be liable for any modification, suspension or discontinuance of the Site or the Services, or any part thereof.
16. Arbitration; Governing Law
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Signal Studios agree to arbitrate any dispute arising from this Agreement and your use of the Site or the Services, except that you and Signal Studios are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Signal Studios agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Signal Studios will be sent to Signal Studios, LLC, Attn: Yesenia Cisneros, 11109 Slater Ave NE, Suite 100, Kirkland, WA 9803]. You and Signal Studios further agree: that any arbitration will occur in King County, Washington; that arbitration will be conducted confidentially by a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules; and that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Signal Studios will not commence against the other a class action, class arbitration or other representative action or proceeding.
17. Termination
Signal Studios reserves the right, without notice and in its sole discretion, to terminate your license to use the Site or the Services, and to block or prevent your future access to, and use of, the Site or the Services.
18. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions & Contact Information
Questions or comments about the Site or these Terms may be directed to Signal Studios by emailing [email protected] or calling us at 425-298-4682.
