Terms of Service

Last Updated: October 6, 2023

Welcome to Filament Games, LLC’s or its subsidiary’s or affiliate’s (collectively, “Filament Games,” “we,” “our,” or “us”) website. The terms and conditions of use described below (“Terms of Service”) apply to our websites filamentgames.com, roboco.co, wiki.roboco.co, docs.roboco.co or any other affiliated website operated by Filament Games that links to or displays these terms (collectively, the “Service”). Your access to and use of the Service are subject to the Terms of Service. All pages within the Service and any information, material, or content made available on or through the Service are subject to these Terms of Service. Your use of the Service indicates your agreement to be bound by these Terms of Service. These Terms of Service apply only to your use of the Service and do not apply to any other third party website or any Filament Games product. To the extent that there is any conflict between these Terms of Service and any terms and conditions or agreements relating to services or products you receive from Filament Games, those other terms and conditions or agreements will govern.

Any terms that are used herein without a definition have the meaning attributed to them in the End User License Agreement (“EULA”) which is incorporated herein hereby.

If you do not agree to the following Terms of Service, we kindly ask you do not access or use the Service.

1. Change to the Terms of Service or Service

Filament Games reserves the right to change, modify, or discontinue the Service or any portion of the Service, including any and all content, at any time, without notice to you. Filament Games reserves the right to modify or amend these Terms of Service at any time. All changes will be effective immediately upon their posting on the Service. If we make a material change to these Terms of Service, we will endeavor to notify you of that change via email, if we have your email address on file. By accessing the Service after any changes to these Terms of Service, you agree to all such changes, regardless of whether you receive an email.

2. Your Use of the Service

You are granted a limited, non-exclusive, revocable right to access and use the Service solely for personal use, to receive Filament Games services or products, or to provide Filament Games with services or products. This right does not include the right to and you shall not (nor shall you facilitate, direct or assist a third party to) (a) modify, reproduce, or resell any part of the Service’s content or data (excluding your personal information), or otherwise commercially exploit any of the Service’s content or data (even if that content or data is provided by a third party); (b) access, tamper with, or use non-public areas of the Service or Filament Games’ computer systems; (c) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; (d) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Filament Games; (e) use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Service, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Service for any commercial purpose other than obtaining products and services from Filament Games or your own personal, non-commercial use; (f) interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Service; (g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or Service; (h) attempt to hide, hide, or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms of Service, including without limitation, if any IP address you have been assigned or used is blocked or dropped by Filament Games, you are hiding or switching your IP address to scrape or collect data and content from this Service, or you have received a cease and desist or other correspondence from Filament Games related to any activity in violation of these Terms of Service that requires you to cease accessing or using the Service, or (i) otherwise use the Service or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain Filament Games’ express written consent. You may not use the Service or its content for any purpose prohibited or restricted by law. Except for the limited right expressly granted to you in these Terms of Service, Filament Games and its licensors expressly reserve all other rights and licenses. For the avoidance of doubt, nothing in this Section shall restrict legitimate search engine providers (i.e., Google, Yahoo, Bing, etc.) from spidering the Service for the purpose of generating search results in any such search engine.

3. Your Account

If you register for an online account with Filament Games on the Service, you are responsible for maintaining the confidentiality of your username and password. You agree to accept full responsibility for all activities that take place under your username. You agree that your personal information and other data you submit to us is true, accurate, and up to date at all times. You agree to immediately notify Filament Games if you suspect any breach of security related to the Service.

4. Termination / Suspension

You agree that Filament Games may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Service, including any online account hereon, without notice, for any reason in Filament Games’ sole discretion, including, without limitation, violation of these Terms of Service or Filament Games’ belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Filament Games, another user, or any third party.

5. Privacy

By accessing and using the Service, you agree to the terms of Filament Games’ Privacy Policy, which are incorporated into these Terms of Service by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

6. Intellectual Property

All proprietary content and materials on the Service including, without limitation, the Service’s layout, organization, and design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. Such content and materials are the property of Filament Games or third parties from whom Filament has permission. The content may not be copied, republished, posted, distributed, transmitted, or uploaded in any way without our prior written approval or unless authorized in writing elsewhere on our Service. You will obtain neither title nor intellectual property rights by accessing the Service. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Service or by written consent of the owner of the proprietary rights. Without limiting the foregoing, no Filament Games trademark or trade dress may be used in connection with any product or service that is not Filament Games’, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Filament Games.

You grant us a perpetual, royalty-free, irrevocable, sub-licensable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works, or otherwise exploit any feedback, submissions, ideas (including gift ideas, requests, or suggestions), concepts, know-how, or techniques that you submit to the Service or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to our Privacy Policy.

7. Digital Millennium Copyright Act

Filament Games respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right. When reporting infringing material to Filament Games (“DMCA Notice”) please provide:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 Filament Games to locate the material.
  4. Information reasonably sufficient to permit Filament Games to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
  5. 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.
  6. 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.

Upon receiving a complete DMCA Notice, Filament Games will:

  1. Take reasonable steps promptly to notify you that Filament Games has removed or disabled access to the allegedly infringing material;
  2. Upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that Filament Games will replace the removed material or cease disabling access to it in 10 business days; and
  3. Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Filament Games’ designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Service.

A counter notification must include:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Filament Games may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices of claimed infringement is:

DMCA Notice
c/o Alex Stone
821 E Washington Ave, Suite 405
Madison, WI 53703
contact@filamentgames.com

We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization. We also reserve the right to suspend or remove access to the Service for any repeat offender.

8. Third Party Sites

The Service may contain links to other unrelated websites on the Internet. Filament Games is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Service do not apply to such unrelated websites, and you should review the privacy policy and terms of service for any website that you visit. Filament Games makes no representations or warranties regarding the security of any information you make available to such websites. Filament Games is not liable for any losses or damages incurred as the result of your business dealings with such third parties.

9. Disclaimer of Warranties

THE SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INFORMATION RECEIVED THROUGH IT. FILAMENT GAMES FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ITS CONTENTS, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FILAMENT GAMES MAY MAKE CHANGES TO THE SERVICE OR ITS CONTENT AT ANY TIME WITHOUT NOTICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FILAMENT GAMES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FILAMENT GAMES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, TO THE EXTENT PERMISSIBLE BY LAW, FILAMENT GAMES’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

11. Your Liability

You agree to indemnify, compensate, defend, and hold harmless Filament Games, its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the Service, your use of any material, information, data downloaded or otherwise obtained from the Service, or your violation of these Terms of Service or other laws, rules, and regulations applicable to your use of the Service, including without limitation, your infringement of any intellectual property or other right of Filament Games or any other person or entity.

You acknowledge that a violation of any covenants contained in these Terms of Service would cause immeasurable and irreparable harm to Filament Games. Accordingly, you agree and hereby grant consent that, without limiting the remedies available to Filament Games, any actual or threatened violation of such covenants may be enforced by injunctive relief or by other equitable remedies issued or ordered by any court of competent jurisdiction.

12. Choice of Law and Venue

These Terms of Service and the relationship between you and Filament Games shall be governed by the laws of the State of Wisconsin. You hereby consent to the exclusive jurisdiction and forum of the federal and state courts located in the State of Wisconsin for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Service. Filament Games’ failure to enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

13. Notice

Filament Games may deliver notice to you by means of e-mail, a general notice on the Service, or by other reliable method to the address you have provided to Filament Games.

14. General Terms

Severability. If any provision in these Terms of Service is held to be invalid, unenforceable, or contrary to applicable law, such provision shall be construed, limited, or altered as necessary to eliminate the invalidity, unenforceability, or conflict with applicable law, and all other provisions of these Terms of Service shall remain in effect.

Entire Agreement. These Terms of Service set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms of Service shall survive the expiration of these Terms of Service including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law. Any waiver of or promise not to enforce any right under these Terms of Service shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

Electronic Communications. You acknowledge that these Terms of Service are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Service and any other documentation, agreements, notices, or communications between you and Filament Games may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

15. Contact Us

If you have questions about the Service or these Terms of Service, please contact us using the information below:

Email us at contact@filamentgames.com.

© 2024 Filament games. All rights reserved.