Terms of Service for Users in the United States
Effective: May 30, 2018
DO PLEASE READ THIS ENTIRE AGREEMENT AND INDICATE THAT YOU AGREE TO THE TERMS. THIS IS A CONTRACT BETWEEN YOU AND STANION STUDIOS, LLC AND APPLIES TO YOUR ACCESS AND USE OF OUR GAMING PRODUCTS, SITES AND SERVICES (“GPSS SERVICES"). ACCESS TO GPSS SERVICES IS CONDITIONAL UPON ACCEPTANCE OF THE TERMS. IF YOU CHOOSE TO NOT AGREE TO THE TERMS, YOU WILL BE UNABLE TO CREATE AN ACCOUNT OR ACCESS GPSS SERVICES.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND STANION STUDIOS, LLC, INCLUDING ALL OR ANY OF THEIR CURRENT OR FORMER AFFILIATES, SUCH AS PARENTS OR SUBSIDIARIES, AND ANY PREDECESSOR OR SUCCESSOR ENTITY TO ANY OF THE FOREGOING, INCLUDING STANION STUDIOS, LLC AND PARTNERS (COLLECTIVELY, “STANION STUDIOS ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION.
TO ACCEPT THESE TERMS AND CREATE AN ACCOUNT, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT, INCLUDING THE ACTIONS OF CHILDREN AND ANYONE ELSE WITH ACCESS TO YOUR ACCOUNT.
USING GPSS SERVICES AND ACCOUNT REGISTRATION
GPSS Services include TideTurn (TM) and any websites, products and services that Stanion Studios utilizes for TideTurn, including its affiliates. Availability of GPSS Services and their features vary depending on which system you are using. Some GPSS Services and features may not be available or supported in your country or language.
By accepting these terms, you also agree to abide by all GPSS Services policies and the Community Code of Conduct described below. We may require that you agree to additional terms to access some GPSS Services, and to accept additional content-specific usage terms ("Usage Terms"). Usage Terms become part of this agreement and govern your use of those GPSS Services.
You may also be able to access content and use products and services of unaffiliated third parties, which we refer to as "Third Party Services". The third parties offering those products and services may require that you accept additional terms and policies to access those products and services. The applicable terms of this agreement, the Usage Terms, and the additional terms and policies provided by third parties will govern your use of Third Party Services. If those terms conflict with this agreement, this agreement will control.
Depending on the system you use, Accounts for family members may have different descriptions and features available. Please carefully review the information provided when you create or manage Accounts for your children as a parent or guardian. Your child must meet certain age requirements when you create an Account for him or her that is linked to your Account as a child family member or as a subordinated Account. More information about creating and managing Accounts for child family members on GPSS is available at www.playtideturn.com/support.
We reserve the right to deny the creation of any Account at our discretion. All information provided during Account registration must be truthful and accurate. We reserve the right to cancel any Account that uses, or that was created using, untruthful or inaccurate information or that was created for a primary purpose that violates this agreement's terms. Termination of your Account may result in the termination of associated or subordinated Accounts of your child family members and data or purchases associated with those Accounts.
All users should safeguard their Account sign-in ID and password. Do not share your sign-in ID and password with others, and take steps to prevent access to your Account by other persons on any shared devices. Stanion Studios has no liability for any unauthorized usage of any Account.
As the parent or legal guardian, you are responsible for monitoring your child's access to or use of GPSS Services, as well as any communications made or received by your child on or through GPSS Services. You are also responsible for the use of your Account by your children or others.
Some content may be objectionable or age-inappropriate for some users. Please consider what is appropriate for your child and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. You may also be able to restrict your child's access to game and video content by using restrict content settings, if the content is rated. However, not all content is rated and parental controls may not apply to content that is not rated. In some cases, third parties provide the content ratings or descriptions for items, and we cannot guarantee the accuracy or completeness of that information. You may also be able to set other restrictions for your child's Account, including control of communication features and online accessibility. Parental control features and restriction settings differ based on the system or device you use, and are subject to availability including based on the country in which your Account is registered.
Some content that you access on your system or device may be accessible by all users of that system or device, and parental controls on those systems or devices may not apply to certain types of content.
More information about parental controls is available through your Account settings pages and in our online user guides. Please visit www.tideturn.com/support/manuals/ for further information.
COMMUNITY CODE OF CONDUCT
All users are expected to follow a reasonable, common-sense code of conduct when using GPSS Services. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of GPSS Services. Rights of other users should be respected.
You must also adhere to the following rules of conduct when using GPSS Services or your Account:
You may not manipulate or inflate usage of GPSS Services.
You may not engage in deceptive or misleading practices.
You may not abuse or harass others, including stalking behavior.
You may not take any action, or upload, post, stream, or transmit any content, language, images or sounds in any forum, communication, public profile, or other publicly viewable areas or in the creation of any Online ID that Stanion Studios or its affiliates find, in their sole discretion, offensive, hateful, or vulgar. This includes any content or communication that Stanion Studios or its affiliates deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or akin to stalking.
You may not organize hate groups.
You may not upload, post, stream, or transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt GPSS Services.
You may not use, make, or distribute unauthorized software or hardware, including Non-Licensed Peripherals and cheat code software or devices that circumvent any security features or limitations included on any software or devices, in conjunction with GPSS Services, or take or use any data from GPSS Services to design, develop or update unauthorized software or hardware.
You may not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title, or content.
You may not cause disruption to or modify or damage any Account, system, hardware, software, or network connected to or provided by GPSS Services for any reason, including for the purpose of gaining an unfair advantage in a game.
You may not attempt to hack or reverse engineer any code or equipment used in connection with GPSS Services.
You may not take any action that Stanion Studios or its affiliates consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming, or transmitting any unsolicited or unauthorized material, including junk mail, spam, excessive mail or chain letters.
You may not introduce content that is commercial in nature such as advertisements, solicitations, promotions and links to web sites.
You may not introduce content that could be harmful to Stanion Studios or its affiliates or their licensors, or players, such as any code or virus that may damage, alter or change any property or interfere with the use of property or GPSS Services.
You may not upload, post, stream, access, or transmit any content that you know or should have known to be infringing, or that violates, any third party rights, any law or regulation, or contractual or fiduciary obligations.
You may not impersonate any person, including an Stanion Studios its affiliates', or third-party employee.
You may not provide Stanion Studios, its affiliates or any third-party company with false or inaccurate information, including reporting false complaints to our or our affiliates' consumer services or providing false or inaccurate information during Account registration.
You may not sell, buy, trade, or transfer your Online ID, Account or any personal access to GPSS Services through any means or method, including by use of web sites.
You may not cheat, exploit or use any bugs, glitches, vulnerabilities or unintentional game mechanics in GPSS Services or any of its products or services to obtain an unfair advantage.
You may not conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or Accounts.
Stanion Studios is not responsible for monitoring or recording any activity on GPSS Services, including communications, although we reserve the right to do so. We reserve the right to remove any content and communication from GPSS Services at our sole discretion without notice and to terminate any Account through which violations of the Community Code of Conduct occur. We may also take steps on behalf of its device platform partners to disable permanently or temporarily any device on which you receive GPSS Services and through use of which you violate the Community Code of Conduct. We have no liability for any violation of this agreement by you or by any other GPSS Service user.
Your Account has an associated wallet, and all purchases made on GPSS Services are made using funds from the wallet. Your children's Accounts that are associated with your Account do not have a separate wallet, and all purchases made by them will be made through your wallet. Wallet funds have no value outside GPS and can only be used to make purchases through GPSS Services and certain Third Party Services. You can only hold a certain maximum amount of funds in your wallet as determined by us ("Limit"), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by us and made available from time to time in each specific country. FUNDS ADDED TO THE WALLET ARE NON-REFUNDABLE AND NON-TRANSFERABLE EXCEPT WHERE THE LAW REQUIRES THAT WE TAKE THOSE ACTIONS. WE HAVE NO OBLIGATION TO REVERSE OR REFUND UNAUTHORIZED CHARGES MADE USING ANY PAYMENT METHOD TO FUND THE WALLET. WALLET FUNDS THAT ARE DEEMED ABANDONED OR UNUSED BY LAW WILL NOT BE RETURNED OR RESTORED.
PREPAID CARDS AND PRODUCT CODES
Stanion Studios or its affiliates may provide prepaid cards that allow users to redeem content on GPSS Services or fund the wallet. The value of a prepaid card contributes to the Limit. If you acquire a prepaid card that has a value that, when added to the wallet's existing balance, exceeds the Limit, you will not be able to apply the value of the prepaid card to the wallet until sufficient funds have been spent from the wallet to allow the sum of the full value of the prepaid card and wallet to be equal to or less than the Limit. Except as Stanion Studios permits, your wallet will only accept prepaid cards with currency value from the same country as the one designated for your Account.
Stanion Studios, its affiliates or third parties may provide product codes that can be used to access content, including promotional content. Product codes may not be available in all countries or to all users, and age restrictions may apply. Some product codes must be used before a specified expiration date and in accordance with specified terms. Unless otherwise stated, product codes may be used once only by the recipient and may not be transferred or sold to any other person.
Stanion Studios is not responsible or liable for any claims relating to prepaid cards or product codes, including any problems or defects relating to those cards or codes. Your use of the prepaid card is subject to this agreement's terms. Additional terms may accompany the prepaid card or the product code.
All transactions made through your Account or an associated Account of your child are solely between you and Stanion Studios. By completing a transaction through your Account or allowing a transaction to take place through an associated Account of your child, you are (i) agreeing to pay for all transactions made by you or your children, , including recurring charges for subscriptions that are not cancelled; (ii) authorizing Stanion Studios to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all fees due and payable for all your transactions; and (iii) agreeing to any applicable Usage Terms and terms associated with use of the particular GPSS Service. All transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed. PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE EXCEPT WHERE THE LAW REQUIRES THAT THEY ARE REFUNDABLE.
Safeguarding Credit Card Transactions. On some devices, you may have the option to select a password or PIN to protect your credit card information at the time you complete a transaction. After selecting this option, you must enter your password or PIN to complete any future transactions with your credit card. Users should enable this function and safeguard their password or PIN to prevent others who may use the same device from being able to make purchases or access your credit card information.
Fees and Other Charges. We reserve the right to deduct from the wallet all bank fees related to any transactions or failed transactions (e.g, chargebacks from your bank or credit card provider) initiated by you or your children, including domestic and international transaction fees. We reserve the right to terminate your Account and any associated Accounts of your children for failure to complete transaction payments. In lieu of termination of your Account, we may elect to provide a mechanism by which you fund the wallet associated with your Account to prevent your Account (and any associated Accounts of your children) from being terminated.
Transaction Records. You may make transactions only with a designated Stanion Studios regional company that is determined by your country/area of residence. Your country/area of residence may be verified by your credit or debit card number and may be rejected if the information does not match. Please retain any transaction related communications we may send to you. Your transaction history is also available in your Account management areas.
Access to Purchased Items. Upon our confirmation of your transaction, you may access the item you ordered through the Account that you used to order the item, according to the applicable Usage Terms or other terms associated with that item. We encourage you to download (if permitted) or access the item immediately after completing your transaction. You bear all risk of loss for accessing the content, including completing the download of any content, maintaining a continuous Internet connection with sufficient speed, ensuring that you have the necessary capabilities to view the content, including content format compatibility, and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash. You are solely responsible if you do not choose to download or access the content before it is removed or your license expires, and for ongoing storage and safekeeping of the content. We are not obligated to provide you with replacement copies for any reason.
LICENSE RESTRICTIONS AND CONDITIONS
Except as stated in this agreement, all content and software provided through GPSS Services are licensed non-exclusively and revocably to you for your personal, private, non-transferable, non-commercial, limited use on a limited number of devices in the country in which your Account is registered. All intellectual property rights subsisting in GPSS Services, including all software, data, and content subsisting in or used in connection with GPSS Services, the Online ID and access to content and hardware used in connection with GPSS Services (collectively defined as "Property"), belong to Stanion Studios, its affiliates and its licensors. This license and all use or access to Property is expressly conditioned on your compliance with this agreement's terms, applicable Usage Terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws.
Your compliance with all of the following are express conditions of your license to use or access the Property.
You may not sell, rent, lease, loan, sublicense, modify, adapt, arrange, translate, reverse engineer, decompile, or disassemble any portion of the Property.
You may not reproduce or transfer any portion of the Property, or use the Property for purposes of resale, public performance, display, distribution or broadcast, except as stated in this agreement or as expressly permitted by us.
You may not create any derivative works, attempt to create the source code from the object code, or download or use any Property for any purpose other than as expressly permitted.
You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with GPSS Services, or any of the content or services offered through GPSS Services.
GPSS Services and content or services provided through GPSS Services may contain security or technical features that will prevent use of content or services in violation of this agreement, and you will not circumvent these features without a legal right to do so.
Except as this agreement expressly grants, Stanion Studios, its affiliates and its licensors reserve all rights, interests, and remedies in connection with GPSS Services and the Property. Upon termination of this agreement, your Account, or license to any Property, you will immediately cease use of the Property and delete or destroy copies of the Property.
Use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on or in connection with GPSS Services does not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights from Stanion Studios, its affiliates or its licensors to any user or third party. All other company, product, and service names and logos referenced on GPSS Services are the marks, trade names, trademarks, servicemarks, and registered trademarks or servicemarks ("Marks") of their respective owners. You may not use or reproduce any Marks without the owner's express written consent. You may not remove any proprietary notices or labels from any content.
Some games and apps on GPSS Services may allow you to earn virtual currency, goods, or effects such as coins, points, tokens, gold, gems, weapons, vehicles, buffs, or power-ups (collectively "Virtual Items"). You may also be able to purchase Virtual Items with real money. Virtual Items may only be purchased using funds in your wallet, either in-game or in-app, or directly from the TideTurn Store, and any attempt to obtain Virtual Items outside of the game, the app, or TideTurn Store is prohibited. Virtual Items are licensed, not sold. You are granted a limited, revocable, non-exclusive license to use the Virtual Item for personal, non-commercial entertainment purposes. Upon receipt of any Virtual Item, the transaction is complete and non-refundable. Stanion Studios, its affiliates or a third party may modify, regulate or remove Virtual Items without notice. Virtual Items have no value or application outside of the game or TideTurn Store, and may not be sold, transferred or redeemed for real money or items of value. You do not have an ownership or property interest in the Virtual Items, and you are not entitled to any refund, benefit, or other compensation for the loss of any Virtual Items. You will not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means (for example, between real money currency prices).
ACCESS TO CONTENT AND PROPERTY ON GPSS SERVICES
You may access Property and view content only on Authorized Devices. "Authorized Devices" means your systems and devices that have been activated for use with your Account in relation to GPSS Services. Authorized Devices and availability of systems and devices for select GPSS Services are subject to change. Please refer to www.tideturn.com/support and the online user guides at www.tideturncom/support/manuals/ for more information about Authorized Devices and activation of your Account on your Authorized Devices.
Some Authorized Devices may be set to download content automatically from GPSS Services without notice to you if you sign into GPSS Services. This content may include featured content that we believe will be of interest to you such as game demos or content offered to you on a trial basis. Content delivered in this manner is subject to this agreement's terms. You can change your device settings so that it does not download content automatically by setting the automatic download option to "OFF".
Subject to this agreement's terms, applicable Usage Terms, and any additional applicable terms that are made available to you, we license digital content, including recordings or live streams of sport, music concerts and other entertainment events, television shows and movies, all of which we refer to as "Video Content". Video Content is made available to Account holders in select territories for your personal, private, non-commercial viewing in your authorized territory, using a limited number of Authorized Devices during an authorized viewing period ("Authorized Term"). Payments for Video Content are made through the wallet associated with your Account. Availability of Video Content is subject to change at any time without notice to you.
You may have the option to order Video Content in 4K UHD, 3D, high definition and standard definition formats. Delivery of and your access to Video Content are dependent on variables not under our control, including the speed and availability of your broadband or network connection, compatibility between the format of the Video Content and the Authorized Device you use to access that Video Content, availability of Video Content from our third-party licensors, and any applicable restrictions that may be imposed on the Video Content from our third-party licensors. You may experience delays or technical difficulties caused by or related to these variables. You may also not be able to view Video Content in the format that you have ordered due to these variables. YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY CONTENT THAT YOU ARE NOT ABLE TO VIEW OR HAVE DIFFICULTY VIEWING DUE TO THESE UNCONTROLLABLE VARIABLES, UNLESS WE ARE REQUIRED TO DO SO BY LAW. You should only order Video Content that is suitable for your viewing capabilities. You bear all responsibility for ensuring that you have the capabilities to view Video Content in the appropriate format, or at all. Please carefully review any Usage Terms and descriptions of Video Content made available to you before making any purchase. Output of Video Content in certain formats may require additional equipment that is sold separately.
Some content such as movie trailers may not be representative of the actual feature presentation. Digitalized versions of some content may not be identical with the original formatted content or previously released versions of the same titled content.
Video Content may be made available to you as a live or near-live stream ("Live Stream Content"), as a licensed copy for rental for a limited duration ("Licensed Rental Content"), a licensed copy for an indefinite duration ("Other Licensed Content") or as a licensed stream supported by advertising or promotional materials that may be for a limited duration ("Ad Supported Content"). Video Content is subject to digital rights management rules, and are subject to other restrictions and limitations depending on the type of Video Content or the Authorized Device you use to access Video Content. Some of these restrictions are described below. More information about these restrictions and limitations, and accessing Video Content is available at www.tideturn.com/support.
Except for rights explicitly granted to you, all rights in the Video Content are reserved by Stanion Studios, its affiliates and its licensors. Video Content may be delivered to you by third-party licensors, and your access to Video Content may also be subject to, and you agree to comply with, terms of those third parties.
Live Stream Content. Live Stream Content comprises live or near-live transmissions of Live Events and may be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves, and may also be available for an extended period past the occurrence of the applicable Live Event. When you access Live Stream Content, you may not be able to view any part of the Live Stream Content that occurred prior to the start of your viewing. We have no control over the start and finish time of a Live Event; the duration of a Live Event; the content of a Live Event (including the availability, quality or suitability of the content or that it complies with applicable law); or that the Live Stream Content be delivered uninterrupted, error-free and without fault or delay.
Certain Ad Supported Content may be hosted or delivered to you by or through third-party licensors, providers or partners ("Ad Supported Content Partners"). We have no control over the content hosted or delivered by the Ad Supported Content Partners (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials). We cannot guarantee that their content will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
BINDING INDIVIDUAL ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any of the Stanion Studios Entities regarding any GPSS Services or the use of any devices sold by a Stanion Studios Entity to access GPSS Services, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Stanion Studios Entity or any of a Stanion Studios Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the Stanion Studios Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
EXCLUSIONS FROM ARBITRATION. YOU AND THE STANION STUDIOS ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A STANION STUDIOS ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO STANION STUDIOS 1541 The ALAMEDA, SAN JOSE, CA 95126 ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR GPS SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY STANION STUDIOS ENTITY THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY STANION STUDIOS ENTITY, YOU MUST SEND WRITTEN NOTICE TO STANION STUDIOS 1541 THE ALAMEDA, SAN JISE CA 95126 ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: STANION STUDIOS LEGAL DEPARTMENT: DISPUTE RESOLUTION, TO GIVE THE Stanion Studios ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Stanion Studios Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Stanion Studios Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE STANION STUDIOS ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE MAY 20, 2018. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Stanion Studios Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the Stanion Studios Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Stanion Studios Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Stanion Studios Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the Stanion Studios Entity you have a Dispute with may initiate arbitration in either San Mateo County, California or the United States county in which you reside. In the event that you select the county of your United States residence, the Stanion Studios Entity you have a Dispute with may transfer the arbitration to San Mateo, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Dispute will be decided by a court and you and the Stanion Studios Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This section survives any termination of this agreement or the provision of GPS Services to you.
GOVERNING LAW AND JURISDICTION
The laws of the State of California, without regard to conflict-of-law rules, govern this agreement and any dispute between you and the Stanion Studios Entities. Any dispute not subject to arbitration and not initiated in small claims court may be brought by either party in a court of competent jurisdiction in either the Superior Courts for the State of California in and for the County of Santa Clara or in the United States District Court for the Northern District of California. Each party submits itself to the exclusive jurisdiction and venue of those courts, and waives all jurisdictional, venue and inconvenient forum objections to those courts. In any litigation to enforce any part of this agreement, all costs and fees, including attorney's fees, will be paid by the non-prevailing party.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
No warranty is given about the quality, functionality, availability or performance of GPS Services, or any content or service offered on or through GPS Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. We may change, add or remove functionalities or features in our GPS Services, and we may suspend or stop our services altogether. We do not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this agreement, we expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM GPS SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO GPS SERVICES IS LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR COMPUTER OR ENTERTAINMENT SYSTEM, MEDIA PLAYER SYSTEM, TELEVISION, BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, USED FOR ACCESSING OR USING GPS SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that GPS Services may require an internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third-party fees associated with your internet connection, including internet service provider or airtime charges. The provision, quality and security of internet connectivity are the sole responsibility of the third party providing your internet service.
Your License to Use the Services
Stanion Studios gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the GPS Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the GPS Services as provided by Stanion Studios, in the manner permitted by these Terms.
The GPS Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Stanion Studios name or any of the Stanion Studios trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Stanion Studios and its licensors. Any feedback, comments, or suggestions you may provide regarding Stanion Studios, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with Stanion Studios at any time by deactivating your accounts and discontinuing your use of all GPS Services.
Stanion Studios may suspend or terminate your account or cease providing you with all or part of the GPS Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or Code of Conduct, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the GPS Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was terminated in error you can file an appeal following the steps found at www.tideturn.com/support.
Limitations of Liability
By using the Services you agree that Stanion Studios, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
Stanion Studios may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at tideturn/tos will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Stanion Studios, a California company at 1541 The Alameda, San Jose, CA 95126 USA. If you have any questions about these Terms, please contact the TideTurn staff at [email protected]
© 2018 Stanion Studios, LLC