1. Acceptance of Terms.
The “Filament Website” or “the Website” means the website associated with the domain name www.filamentgames.com. “Filament Games” refers to Filament Games, LLC, the owner of the Website.
3. Use of the Site.
4. Use of the Game Modules.
Use of any version of any game offered by Filament Games (“Game Module”) and other materials associated therewith, e.g. Game Modules may be available for download (“Applications”), is restricted to those users logged into an Account over which they own or have permission to use and is governed by the End User License Agreement at https://www.filamentgames.com/end-user-license-agreement, which is incorporated herein.
5. Content & User Content.
The content on the Website, including without limitation, the trademarks, copyrights, text, software, graphics, photos, music, videos, and the like (“Content”), is owned by or licensed to Filament Games and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content on the Website is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Filament Games. Filament Games reserves all rights not expressly granted in and to the Website and the Content.
You may be able to post user-generated content, such as comments, photos, presentations, articles, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant Filament Games an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Filament Games, the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Website, you grant Filament Games the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof in the Website and in promotions thereof in any manner and for any purpose. By posting User Content, you represent and warrant that (i) you have the right to post the User Content, (ii) that no third party rights, laws or regulations, e.g. COPPA and FERPA, will be violated by such posting, (iii) that you have the right to grant Filament Games the rights granted herein, (iv) that no User Content contains any personal information regarding anyone under the age of 18, (v) the User Content is not harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable or offensive, and (vi) the User Content does not make the security of the Website vulnerable in any way. You acknowledge that Filament Games and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content or material that is available through the Website. You also hereby grant each user a non-exclusive, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) any User Content submitted by you during use of the Website.
7. Third Party Intellectual Property.
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:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
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.
Information reasonably sufficient to permit Filament Games to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
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.
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
take reasonable steps promptly to notify the user that Filament Games has removed or disabled access to the allegedly infringing material;
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
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 the user from engaging in infringing activity relating to the material on the Website, Game Module or through the Service.
A counter notification must include:
A physical or electronic signature of the user.
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.
A statement under penalty of perjury that the user has 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.
The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which Filament Games may be found, and that the user 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 and counter notices of claimed infringement is:
c/o Alex Stone
316 West Washington Ave, Suite 1000
Madison, WI 53703
We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization by user of the Website. We also reserve the right to suspend or delete the account of any repeat offender.
8. Website Provided “As Is.”
You understand and agree that the Filament Website and all services and information provided on it are provided “As Is” and that Filament Games assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any user communication, information, or configuration. You, and not Filament Games, are entirely responsible for all material that you post, transmit or otherwise make available through the Website. Filament Games does not review or control the material that others post, transmit or otherwise make available through the Website, and accordingly Filament Games does not guarantee the accuracy, integrity or quality of such material. You acknowledge that Filament Games and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Website.
THIS WEBSITE, 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 THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, FILAMENT GAMES MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH ITS WEBSITE or the content, SERVICES OR PRODUCTS contained therein or obtained there through. FILAMENT GAMES FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE MATERIALS OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. FILAMENT GAMES MAY MAKE CHANGES TO THE WEBSITE, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIALS MAY BE OUT OF DATE, AND FILAMENT GAMES MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE filament games from any and all claims, demands and damages, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to a dispute between you and another USER. California residents hereby shall and do waive California Civil Code 1542, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
11. LIMITATION OF LIABILITY.
FILAMENT GAMES AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE INFORMATION OBTAINED THEREIN.
12. Patches and Updates.
Filament Games may apply patches, updates and modifications to its Website at any time (each an “Update”). Filament Games may change, modify, suspend, or discontinue any aspect of any Website at any time. Filament Games may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. Filament Games makes no representation that the Website will work on a particular web browser, version of a web browser or device. You are responsible for having necessary Internet connections, equipment, software (including a web browser) and services for you to effectively access the Website. Filament Games will endeavor to make the Website accessible on the most common web browsers and the current and penultimate version of such web browsers and some common devices, but make no representations or warranties on the same.