©2024 Squido Studio, DigiGods
1.1 These terms of service (these "Terms") govern the relationship between you and 9391-0248 Québec Inc. d.b.a. Squido Studio ("Squido", "we", "us", "our") and constitute a legally binding agreement between you and us and define the conditions under which you may access and use (a) the website operated at https://www.digigods.gg and other sites from time to time (the "Website"), (b) the video game entitled DigiGods and any related applications, programs or other software (the "Game"), and (c) our related content, products and services (collectively with the Website and the Game, the "Service").
1.2. These Terms contain legal obligations and form a legally binding agreement between you and us. Please take the time to read them carefully as they contain important information about your legal rights, remedies and obligations, including, but not limited to, various limitations and exclusions of damages you may claim against us and indemnification obligations you have towards us. If you do not agree to these terms, do not access the Service.
1.3. The Service is not available to individuals under the age of 10, and special conditions apply to Minors. If you are at least 10 years old, but under the age of majority in your state or province of residence, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
1.4. By selecting "I Accept" or by using or accessing the Service, you agree to be bound by and comply with these Terms and our Privacy Policy, which forms an integral part of these Terms. You may not use the Service for any purpose not expressly permitted by these Terms, or in any manner that contravenes these Terms.
1.5. If you (a) do not agree to these Terms or the Privacy Policy; (b) are not at least 10 years old; or (c) are prohibited from accessing or using the Service by any local laws applicable to you, you must not access or use the Service.
2.1. We may amend these Terms from time to time, in our sole and absolute discretion. We will notify all users of any material changes to these Terms, such as through a notice on our Service, including where substantial amendments affect your rights and obligations. However, it is your responsibility to review them. You are advised to check these Terms regularly for any such changes. We will also update the "Last Updated" date at the top of these Terms, which reflects the effective date of these Terms. Your continued access or use of the Service after such effective date constitutes your acceptance of, and agreement to be bound by, the new Terms. If you do not agree to the new Terms, you must immediately stop accessing or using the Service.
3.1. The Service is intended only for users who are 10 years of age or older, and any registration, use or access to the Service by any person who does not meet these minimum age requirements is considered unauthorized, unlicensed and in violation of these Terms. We may terminate your access to the Service and prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any or no reason, at any time and in our sole discretion, with or without notice, including without limitation if we have reason to believe that you do not meet these minimum age requirements.
3.2. By using the Service, you represent, acknowledge and agree that, if you are under the age of 18 but at least 10 years of age (a "Minor"), you are using the Service via a Minor account with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Service and to accept these Terms. If you are a parent or legal guardian of a Minor, you hereby represent, acknowledge and agree to create a Minor account in accordance with the terms and conditions of the third-party platform used, to bind your Minor to these Terms and to fully indemnify and hold Squido harmless if your Minor violates any of these Terms. If you are not at least 10 years old, you may not access or use the Service at any time or in any manner. Please refer to our Privacy Policy for further details regarding the account of a Minor (specifically a "Child", for the specifics of users under the age of 13).
4.1. You are not required to create a user account or provide personal information to visit the Website, but to use the Game and certain features of the Service, you must have an account on the relevant third-party platform (for example, a Meta account) (a "User Account"). We do not manage User Accounts, but they are managed by the operators of such third-party platforms (a "Third-Party Platform").
4.2. Your User Account is subject to the terms and conditions of the relevant Third-Party Platform used and you agree to comply with them when using the Service. You are responsible for the security of your User Account and your credentials, and therefore for all activities that take place on a User Account associated with you. When you use the Service, certain information associated with your User Account may be automatically transmitted to our server without any action on your part; please refer to our Privacy Policy [a]for further details. You are entirely responsible for your User Account.
4.3. You hereby agree to: (a) provide true, accurate, current and complete information about yourself as requested by any registration form on the Service or otherwise in connection with the creation of your User Account ("Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By providing us with Registration Data through the Service or by using the Service, you will be providing personal account information. You hereby agree to be fully responsible for (a) all use of your User Account; (b) all actions taken through your User Account by any person or automated process; (c) maintaining the confidentiality and security of your User Account and passwords; and (d) notifying us immediately of any unauthorized use of your password or User Account, or if you become aware of any other breach of security in connection with the Website, the Game or any other aspect of the Service. You further agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your User Account. We will not be responsible or liable for any loss or damage arising from any unauthorized use of or access to your User Account. You may, however, be liable for losses incurred by us or third parties arising from another person’s use of your User Account.
4.4. We have provided ways for you to contact us about various issues on the website at the following address, info@squidostudio.com. You acknowledge and understand that these are the only authorized means of contacting us. Third parties may advertise or publish information about Squido or the Service or alternative means of contacting us or use other measures to impersonate Squido. We cannot verify the authenticity of these advertisements, publications, alternative contacts or other information, and they present a risk of fraud and other malfeasance. We urge you to exercise caution when reviewing these advertisements, publications or other information and not to attempt to contact us by these means. You agree that we cannot be held liable for any unauthorized access to your User Account or any other loss resulting from such fraud or malfeasance on the part of third parties.
5.1. The information below must be read before using the Service. If the Service is used by a Minor, this information must be read and explained by a parent or legal guardian. Failure to observe the health and safety risks listed below may result in material damage, personal injury or death. These health and safety risks are not intended to be an exhaustive list, and use of the Service may involve other health and/or safety risks not mentioned herein. Squido is not responsible for material damages, injuries or death that may occur as a result of your failure to review the health and safety risks and precautions or as a result of interactions between you or your family members and individuals or objects in or around the premises or grounds while using the Service.
5.2. IF YOU HAVE A PRIOR HISTORY OF EXPERIENCING ANY ADVERSE HEALTH EFFECTS AS A RESULT OF USING VIRTUAL REALITY OR AUGMENTED REALITY HEADSETS OR SIMILAR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, NAUSEA, EYE-STRAIN, ANXIETY, DISORIENTATION, VERTIGO OR EPILEPSY, FOR YOUR OWN SAFETY, DO NOT USE OUR SERVICE.
5.3. You acknowledge and agree that: (a) any use of the Service is at your own risk; and (b) any use of virtual or augmented reality technology, including the Service, may cause or affect certain health conditions and pre-existing or non-pre-existing conditions, including, but not limited to, motion sickness, nausea, eye strain, anxiety, vertigo and epilepsy.
5.4. Due to the nature of the Service, when you are using the Service you may not be as aware of your surroundings as you normally would when not using virtual reality, augmented reality or similar technology. As such, you further agree that:
5.4.1. you will only use the Service once you have established that it is safe to do so by examining your surroundings for potential hazards and mitigating those hazards, including, without limitation, stairs, balconies, open doors, windows, open flames, ramps or uneven surfaces, liquids or slippery surfaces, or other object which you could trip or fall over;
5.4.2. you will never use the Service when tired, under the influence of drugs or alcohol, hungover, under stress or anxiety, suffering from an illness or otherwise experiencing headaches, migraines or earaches, or under the influence of medication (including prescription medication) that may impact your motor function or balance; and
5.4.3. if at any time while using the Service you become tired, nauseous, dizzy, disoriented, or begin experiencing any adverse health symptoms, including, but not limited to, anxiety, eye-strain, vertigo or epilepsy, you will immediately cease using the Service.
5.4.5. Adults should monitor Minors who are using or have used the Game for any of the symptoms described above and should limit the amount of time Minors spend using the Service and ensure that they take breaks while using the Service. Prolonged use should be avoided, as it could have a negative impact on hand-eye coordination, balance and the ability to multi-task. Adults should carefully monitor Minors during and after use of the Service to detect any decrease in these abilities.
6.1. Payment information: Access to the Service is subject to the pricing terms published on our Website or on the Service. You may also be required to pay a fee to access certain features of the Service or to gain access to certain virtual items. All purchases are processed and made through the Third Party Platform through which you are accessing the Service. You agree to provide accurate, complete and current payment information to such Third Party Platform. You further agree to pay all fees, charges and taxes incurred in connection with your User Account. We reserve the right to change the pricing of the Service and any paid virtual item from time to time, as we may determine in our sole discretion. Any change will not affect virtual items you have already purchased at the time the change comes into effect. All sales are final and we will not issue refunds except as required by applicable law. Your purchase will be subject to the applicable payment policy of the Third Party Platform.
6.2. Changes to Service and Pricing: We reserve the right, at any time and from time to time, to change, modify, add, delete, suspend, cancel or discontinue any aspect of the Service in our sole discretion. In addition, we may change the pricing of the Service, or any other aspect of the Service, from time to time. Any change in the pricing of the Service will be effective immediately upon the effective date of the change. By continuing to use the Service after the effective date of the pricing change, you agree to pay the changed fees. We reserve the right to correct pricing errors or mistakes, even if we have already issued an invoice or received payment.
6.3. Subscription: We reserve the right, at any time and from time to time, to make access to and use of the Service, any part thereof or specific features conditional upon membership of a paid subscription program. The terms and conditions of such subscription will be published on our Website and on the Service, and you will have the option of whether or not to subscribe. Where applicable, the subscription will be monthly, recurring and may be cancelled in any given month. Payment will be debited from the account of the Third-Party Platform concerned upon confirmation of purchase. The subscription will be automatically renewed, unless automatic renewal is deactivated at least 24 hours before the end of the current period. The account will be debited for the renewal within 24 hours before the end of the current period and will show the cost of the renewal. Subscriptions can be managed by you, and automatic renewal can be deactivated by going to your User Account settings after purchase.
6.4. REFUNDS: UNLESS PROHIBITED BY APPLICABLE LAW, ALL PURCHASES, INCLUDING RECURRING FEES, ARE FINAL AND NON-REFUNDABLE.
6.5. Taxes: Except for taxes that we may collect from you in accordance with applicable law and as indicated on an order confirmation page, you are solely responsible for determining whether any taxes, including sales, value-added or other taxes, levies or duties, apply to your transactions on the Service and, at all times, you are solely responsible for the payment of any such applicable taxes.
7.1. Intellectual Property Rights: As between you and us, we own any and all rights, title, and interest in and to the Service and any and all data and content made available in and through the Service, including all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effects, sound recordings, videos, features, functionality, design, presentation and “look and feel” of the Website, Game and any other aspect of the Service, and all intellectual property rights related to the foregoing and the Service or any part thereof (collectively, “Our Content”). Put simply, the Service and Our Content (including all components thereof) are the property of their respective owners and are protected by copyright, trademark, patent, or other proprietary rights.
7.2. Trademarks: The names and logos of Squido and the Game and all related names, logos, product and service names, designs, images and slogans (collectively, “Our Marks”) are trademarks of Squido, or our licensors or suppliers. You must not use Our Marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Except as expressly indicated on the Service, no endorsement, sponsorship, affiliation, or other authorization is implied by any use of third-party trademarks.
7.3. Limited Licence to Use the Service: You acknowledge and agree that you have no ownership rights in the Service or Our Content, and you only have a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited licence to access and use the Service and to access Our Content solely for your personal, non-commercial use, subject to the restrictions and fees set forth herein, until these Terms are terminated or your User Account is deleted. We reserve all rights not expressly granted herein in the Service (including Our Content). With respect to any open-source code or software that may be incorporated into the Service, the license granted to the User shall be subject to such open source or third-party license, if any, authorizing the use of such code or software.
7.4. Limited License to Broadcast Gameplay: Notwithstanding the paragraph directly above, we hereby further grant each valid user of the Game (a “Broadcasting User”) a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited license to broadcast such Broadcasting User’s unique gameplay within the Game (“Broadcasted Content”), solely through a third-party media platform that, at the time of broadcast, is approved by Squido. Any user may revoke such user’s permission to be included in Broadcasted Content by providing written notice to the Broadcasting User (“Opt-Out Notice”). Squido may, but has no obligation to, provide an Opt-Out Notice on behalf of any user if requested to do so. Upon receipt of an Opt-Out Notice, the Broadcasting User must, as soon as practicable, remove the Broadcasted Content or modify the Broadcasted Content to remove or exclude the objecting user. Squido has no responsibility or liability for ensuring compliance with the foregoing. In addition, the foregoing license to broadcast in subject to following conditions:
7.4.1. the Broadcasting User may only broadcast their own gameplay;
7.4.2. all Broadcasted Content must otherwise comply with these Terms and the Privacy Policy;
7.4.3. the Broadcasting User assumes all liability for ensuring their Broadcasted Content, and any monetization thereof, complies with all applicable laws and regulation, as well as the applicable broadcaster’s terms of use, policies, rules, guidelines and other agreements that may result from their use of the broadcaster’s platform; and
7.4.4. Squido may revoke a Broadcasting User’s license to broadcast, in its sole and absolute discretion, for any or no reason and without notice.
7.5. Restrictions: You acknowledge that your use of Our Content for any purpose not expressly permitted by these Terms is strictly prohibited. Our Content may not be, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Service (including Our Content). You will only use the Service as may be expressly provided in this Agreement or to the extent permitted by law or (if applicable) relevant open-source licences. We and our licensors reserve all rights not expressly granted in and to their content.
7.6. External links: Links: Where our Service may contain links to other sites, applications and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites, applications or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites, applications or resources, or information you may obtain from them, and we are not responsible for any consequences that may arise from your access or use of such sites, applications or resources. For clarity, if you choose to access any such sites, applications or resources, you do so at your own risk.
8.1. The Service may contain interactive functionality such as promotions, games, contests, voice chat functionality, player-to-player interaction in virtual reality, message boards, profiles, forums, bulletin boards and other such functions (collectively, "Interactive Functions") allowing content, material, or information you submit, post, publish, display, or transmit (collectively, "submit") to the Service, to be viewed or used by us, other users or other persons via the Service (collectively, "User Submissions") on or through the Service.
8.2. None of the User Submissions you submit to the Service will be confidential. By providing any User Submission to the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees (including broadcasters), successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, transferrable, sublicensable (including via multiple tiers of sublicensing), non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and to incorporate such material into any form, medium, technology, or other derivative work throughout the world without compensation to you. By submitting User Submissions, you further waive any moral rights or other rights of authorship in and to any such User Submissions in favour of the Company.
8.3. By submitting the User Submissions, you are deemed to have warranted, and you agree, that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence to the User Submissions described above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms.
8.4. You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content, its accuracy, and your rights to use it. We are not responsible or legally liable to any third party for the content, accuracy, or infringing nature of any User Submissions submitted by you, and you agree to indemnify and defend us against any claims, lawsuits, or disputes brought by third parties based on the content of your User Submissions.
9. PLAYTESTS
9.1. We may, in our sole discretion, ask users to participate in playtests to assist us in testing, evaluating and improving the Game and other aspects of the Service (each, a “Playtest Program”). As consideration for your participation in a Playtest Program and, subject to you compliance with the obligations set out below, we will provide you with reward in connection with the Game.
9.2. As a participant in a Playtest Program, Squido may disclose to you or otherwise make available to you or provide you with access to information and materials that Squido treats as confidential or proprietary, including any non-public information related Squido, the Game and other aspects of the Service (such as pre-release materials) (collectively, “Confidential Information”). By participating in a Playtest Program you agree not to disclose, share, use, copy, reproduce, distribute, stream, broadcast, transmit, plublish, publicly display, post or otherwise make available to any third party, directly or indirectly, any (i) Confidential Information, (ii) Feedback (defined below) you provide to Squido in connection with the Playtest Program, or (iii) information or materials that you otherwise learn or are exposed to in connection your participation in the Playtest Program.
9.3. So long as you are actively participating in a Playtest Program, we grant you a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited license to use the Game, and any other documents, information, material or communications related thereto, solely for the purpose of participating in the Playtest Program and providing Feedback about your experience with the Game.
9.4. We may remove, disable or suspend your participation in the Playtest Program at any time, in our sole and absolute discretion, for any reason or no reason. We reserve the right to withdraw or modify the Playtest Program at any time, in our sole discretion and without notice. We will not be liable to you if the Playtest Program is unavailable for any reason, in whole or in part, at any time or for any period of time.
10. FEEDBACK
10.1. While we are continually working to develop, evaluate, and improve our own product ideas and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials, including as a participant in a Playtest Program, (collectively, “Feedback”), then regardless of what your accompanying communication may say, in order to avoid any misunderstandings, the following terms will apply to the Feedback. Accordingly, by sending Feedback to us, you agree that:
10.1.1. Squido has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
10.1.2. Feedback is provided on a non-confidential basis and non-proprietary, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
10.1.3. you irrevocably grant us an irrevocable, non-exclusive, worldwide, perpetual, fully paid-up, royalty-free, sub-licensable (including via multiple tiers of sublicensing), transferable and unlimited licence to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified without any further compensation to you;
10.1.4. you irrevocably grant us an irrevocable, non-exclusive, worldwide, perpetual, fully paid-up, royalty-free, sub-licensable (including via multiple tiers of sublicensing), transferable and unlimited licence to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified without any further compensation to you;
10.1.5. you understand and agree that you are fully responsible for any Feedback you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content, its accuracy, and your rights to use it; and
10.1.6. you waive any moral rights or other rights of authorship in and to any Feedback in favour of Squido, including any rights you may have in the altered or changed Feedback even if it is no longer agreeable to you.
11. EQUIPMENT REQUIREMENT
1. To use the Service, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
12.1. Updates: From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Service for free or for a fee. You understand that your access to certain features of the Service might be affected by such updates. We may require you to download and install the updates or the updated version of the Game to continue to use the Service. You also agree that we may use background patching to automatically update our Service and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to use the Service. In such case, you are responsible for any necessary equipment to continue to access the Service.
12.2. Interruption: You acknowledge that the Service or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Service will be uninterrupted. We will not be liable for any interruption of the Service, delay, or failure to perform resulting from any causes whatsoever. Additionally, the Service may be unavailable depending on geographic location. To the maximum extent permitted by applicable law, we reserve the right to discontinue the Service at any time in our sole discretion, for any reason, or for no reason, with or without notice.
12.3. Suspension, restriction or termination : Suspension, restriction or termination: To the extent permitted by applicable law, we reserve the right to suspend, restrict or terminate your access to the Service at any time, in our sole discretion and without liability, for any reason, including if you have failed to comply with any provision of these Terms, or if activities occur on your User Account that may (a) cause damage to or impair the Service, (b) infringe or violate any third party's rights (including intellectual property rights), or (c) violate any applicable law or regulation. Termination, restriction or suspension of your access to the Service will also result in termination, restriction or suspension of your license to access or use the Service, or any part thereof, at our discretion. If we suspend, restrict or terminate your access to the Service, we will notify you by e-mail.
12.4. Deletion: These Terms will also terminate automatically upon deletion of your User Account. You will automatically and immediately lose access to the Service. You will not be entitled to any refund or credit for fees paid and you will remain liable for all fees incurred up to the date of termination.
12.5. Any suspension, restriction, termination or deletion is in addition to and not in substitution for any rights or remedies we may have under these Terms or any applicable law. For greater certainty, all indemnities, warranties and limitations of liability under these Terms shall survive any suspension, restriction, termination or deletion of your User Account and all sections of these Terms which by their nature are intended to survive any such suspension, restriction, termination or deletion shall survive such suspension, restriction, termination or deletion.
12.6. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT OR OTHER LOSS OR DAMAGE SUFFERED AS A RESULT OF THE SUSPENSION, RESTRICTION, TERMINATION OR DELETION OF YOUR USER ACCOUNT.
13.1. Your access to and use of the Service is subject to these Terms and all applicable laws and regulations. You may not:
13.1.1. access or use the Service if you are not fully able and legally competent to agree to these Terms;
13.1.2. violate, or promote, the violation of, any applicable federal, provincial, local, foreign, or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others);
13.1.3. violate the terms of use of any third-party website or service that is linked to the Service, including Third Party Platforms and any third-party social media websites or payment processors;
13.1.4. except as expressly permitted by these Terms or applicable law, directly or indirectly make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, publicly display republish, download, store, transmit or create any derivative works of the Service or any content included therein, including any software, or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Service or any derivative works thereof;
13.1.5. distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof;
13.1.6. modify copies of any materials from the Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service;
13.1.7. market, rent, or lease the Service for a fee or charge, or use the Service to advertise or perform any commercial solicitation;
13.1.8. use the Service or any part thereof, without our express written consent, for any commercial, political, or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
13.1.9. interfere with, or attempt to interfere with, the proper working of the Service, disrupt our Website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
13.1.10. incorporate the Service or any portion thereof into any other program or product;
13.1.11. use automated scripts, software, code, or systems to collect information from or otherwise interact with the Service;
13.1.12. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Service;
13.1.13. encourage any conduct that restricts or inhibits anyone’s use of the Service, or which, as determined by us, may harm us or users of the Service or expose us or them to liability;
13.1.14. involve, provide, or contribute any false, inaccurate, or misleading information;
13.1.15. impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including by using email addresses or user names associated with any of the foregoing);
13.1.16. intimidate or harass another user, including in any way using the laws of physics embodied in the Service to create disturbing, frightening, dangerous or otherwise hostile situations for other players;
13.1.17. use or attempt to use another user's account, service or system without authorization from the other user and Squido;
13.1.18. use or exploit any bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Service;
13.1.19. use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service;
13.1.20. use the Service to upload, transmit, distribute, store, or otherwise make available in any way:
a. files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
b. any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
c. any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., social security numbers, passport numbers, etc.), or credit card numbers;
d. any material that would constitute, encourage, or provide instructions for a criminal offence, dangerous activities, or self-harm;
e. any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
f. any material that restricts or inhibits any other person from using the Service, or which may expose us, the Service, or its users to any harm or liability of any type;
g. any content which : (i) is illegal; (ii) infringes, diverts or violates Squido's or any third party's intellectual property rights, rights of publicity or privacy and confidentiality; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, sexually explicit, obscene, pornographic, vulgar, racially or ethnically offensive ; (vi) harasses, threatens, harms, injures, frightens, distresses, disturbs or embarrasses others, encourages discrimination (including on the grounds of race, gender, religion, nationality, disability, sexual orientation or age), bigotry, racism, hatred, harassment or prejudice against any individual or group or is deliberately designed to provoke or upset people, in particular trolling and bullying; (vii) is violent or threatening or encourages violence or threatening actions towards any person or entity; (viii) encourages illegal or harmful activities or substances; (ix) is a cheat (i.e. unauthorized methods that influence the Game, including exploiting any bug in the Game, which gives you and/or any other user an advantage over other players who do not use such methods) or circumvents any Squido or Third Party Platform method of enforcing these Terms or Third Party Platform terms (e.g., circumventing a ban, creating multiple accounts, using a VPN for circumvention purposes) ; (x) is offensively rude, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm; or (xi) violates our Code of Conduct.
13.2. We reserve the right, at any time and without prior notice, to remove or disable your access to the Service, including Our Content, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Service may include finding that you have violated these Terms, or that your actions are harmful to the Service or our users.
14.1. We administer and operate the Service from Canada. Although the Service is accessible in many territories throughout the world, not all features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made is void where prohibited. If you choose to access the Service from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
15.1. CERTAIN JURISDICTIONS DO NOT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU AGREE THAT THESE PROVISIONS ARE INTENDED TO APPLY TO YOU.
15.2. BY ACCEPTING THESE TERMS YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF THE SERVICE HOWSOEVER ARISING, INCLUDING: (a) conditions on or about the lands and premises upon which, and the operation or specifications of the equipment through which, you use the service; (b) actions, omissions or negligence (including failure to use reasonably prudent and careful care, and failure to protect you from risks, dangers and hazards inherent in the use of the service) of Squido and our subsidiaries, affiliates, shareholders, directors, officers, contractors, employees, agents, licensors, licensees, suppliers, insurers and other representatives (“Squido Personnel”), the owners and lessors of the lands or premises where the service is being used, all of their respective affiliates, successors and assigns (together with Squido personnel, the “Releasees”); and (c) any breach of contract, breach of statutory duty or other breach of duty of care, including any duty of care imposed by law or equity, on the part of all or any of the Releasees.
15.3. You hereby waive, release and forever discharge the Releasees from and against any and all manner of liabilities, claims, demands, suits, damages (including direct, indirect, special, incidental, consequential, punitive and exemplary damages), losses, interest, costs, expenses, debts, actions and causes of action of any kind, character or nature whatsoever, known or unknown, fixed or contingent, including those of loss, damage, injury or death howsoever arising, including as described in the paragraph directly above (“Claims”) that you have, may have, or have ever had resulting from or connected in any way with your use of the Service, including, but not limited to, anything arising after the date of your agreement to these Terms.
16.1. To the fullest extent permitted by applicable law, you agree to, at your sole cost, defend, indemnify, and hold harmless Squido, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you, or any user of your User Account, of any applicable obligation, representation, or warranty under these Terms; (ii) the content of or any inaccuracy in your Feedback; (iii) any allegation that our use or publication of your User Submissions or Feedback infringes any third party intellectual property rights; (iv) your access to or use of, or activities in connection with, the Service; (v) your violation of any applicable laws, rules, regulations, or contracts (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.
17.1. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU AGREE THAT THESE PROVISIONS ARE INTENDED TO APPLY TO YOU.
17.2. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THE SERVICE. Particularly, we do not represent or warrant to you that:
17.2.1. your use of the service will meet your requirements;
17.2.2. your use of the service will be uninterrupted, timely, secure, or free from error;
17.2.3. any information obtained by you as a result of your use of the service will be accurate, complete or reliable; or
17.2.4. defects in the operation or functionality of any software provided to you as part of the service will be corrected;
17.3. Except to the extent that they are expressly set out in the terms we expressly disclaim and exclude all conditions, warranties, or other terms, whether express, implied or statutory, including any implied terms as to satisfactory quality, merchantability, fitness for purpose, conformance with description, or non-infringement.
17.4. We may change, suspend, withdraw, or restrict the availability of all or any part of the service for business and operational reasons at any time without notice.
17.5. Your use of the service may depend on the internet, including networks, cabling, facilities, and equipment that is not in our control. Accordingly: (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use, or consistency; and (ii) you acknowledge and agree that data, messages, information, or materials sent over the internet may not be completely private, and your anonymity is not guaranteed.
17.6. We cannot and do not guarantee or warrant that service will be secure of free of viruses or other harmful components. You are solely responsible for your use of the service, and your information technology, computer equipment and programs, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by user error including your failure to remember or loss of passwords or similar authenticators, failures of the public internet, denial-of-service attack, distributed denial-of-service attack, overloading, flooding, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the service, or your downloading of any material posted on it, or on any services linked to it.
18.1. Nothing in these terms will exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
18.2. SUBJECT TO THE PARAGRAPH DIRECTLY ABOVE, WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; (III) ANY LOSS OF OPPORTUNITY OR BUSINESS; (IV) ANY LOSS OF DATA SUFFERED BY YOU; (V) ANY INTERRUPTION OF BUSINESS; OR (VI) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO US WITHIN THE SIX-MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE THE CLAIM AROSE; AND (B) CAD$100.00.
18.3. Without limiting the generality of the foregoing, we will also not be liable to you for any loss or damage which may be incurred by you as a result of:
18.3.1. Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
18.3.2. Any changes which we may make to the Service, or for any permanent or temporary cessation in the provision of the Service or any part thereof (or any features within the Services);
18.3.3. The deletion of, corruption of, or failure to store any content or other communications data maintained or transmitted by or through your use of the Service;
18.3.4. Your failure to provide us with accurate account information; or
18.3.5. Your failure to keep your password or account details secure and confidential.
18.4. These limitations on our liability to you will apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
18.5. You are responsible for any internet or mobile charges that may apply to your use of our Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
18.6. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
19.1. You acknowledge that our Privacy Policy [b]will also apply to your use of our Service and is incorporated herein by reference. By using the Services, you specifically accept the Privacy Policy.
19.2. The Privacy Policy governs, notably, the collection, the storage, and use of personal data and information concerning you.
20.1. If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the following contact information: info@squidostudio.com.
20.2. The notification must be a written communication that includes the following:
20.2.1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
20.2.2. if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
20.2.3. if the complaint is about objectionable content, the reasons for the objection;
20.2.4. identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
20.2.5. information reasonably sufficient to permit us 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;
20.2.6. a statement that the information in the notification is accurate; and
20.2.7. if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
21.1. The Service and these Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules.
21.2. NOTICE OF BINDING ARBITRATION: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST ACCEPTED THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED BELOW, AND WITH THE EXCEPTION OF DISPUTES RELATING TO SQUIDO'S INTELLECTUAL PROPERTY, YOU AGREE THAT DISPUTES BETWEEN YOU AND SQUIDO SHALL BE RESOLVED, FAILING AMICABLE SETTLEMENT, BY INDIVIDUAL BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION.
21.3. Amicable Settlement: Before submitting a dispute to arbitration, you agree to first contact Squido and attempt to resolve the dispute amicably by notifying us of your claim in writing (a "Notice of Claim"). The Notice of Claim must be sent to us by registered mail to the following address: 4533 rue Drolet, suite 7, Montreal (Quebec) H2T2G1, Canada. The Notice of Claim must (a) include your name, residential address and the e-mail address or telephone number associated with your User Account, (b) describe the nature and cause of your claim and (c) specify the relief sought. If you and Squido are unable to reach an agreement to resolve the claim within 30 days of receipt of the Notice of Claim, either party may, if appropriate, initiate arbitration proceedings or file a claim in court, where expressly permitted herein. You agree that any dispute shall be initiated or recorded within one year of the occurrence of such claim. Otherwise, such dispute shall be forever barred.
21.4. Any dispute that is not amicably settled in accordance with section 21.6 hereof shall be submitted to arbitration and governed in accordance with the system set forth in articles 620 et seq. of the Code of Civil Procedure of Québec. These arbitration provisions are also governed by articles 2638 et seq. of the Civil Code of Québec. The arbitration will take place in the city of Montreal, in the province of Quebec, and will be conducted in French.
21.5. Consent to Arbitration: You agree to waive your right to a trial by jury, or the right to resolve any dispute in court, and agree instead to binding arbitration in accordance with Section 21.4 above, subject, however, to your right to bring any dispute before a small claims court in Quebec where applicable. The term "Dispute" means any dispute, disagreement or claim arising out of or in any way connected with Squido, these Terms or the Service with the exception of any dispute relating to Squido's intellectual property. You grant the arbitrator exclusive authority to resolve any dispute relating to the interpretation, enforceability or performance of these Terms or the formation of this Agreement, including the arbitrability of any dispute that these Terms are void or may be set aside in whole or in part.
21.6. Waiver of Class Arbitration and Class Actions: You agree to waive the right to resolve any dispute through class arbitration or class action. You agree that each dispute is between you and Squido personally, to the exclusion of any third party or representative of others.
21.7. Powers of Arbitrator: Subject to the limitations of the Quebec Code of Civil Procedure, the Arbitrator shall have the exclusive authority and power to make all procedural and substantive decisions with respect to the Dispute, provided that such power shall not include the power to conduct a class arbitration, class action or representative action, which are prohibited by these Terms and Conditions (as set forth above). The arbitrator may only conduct individual arbitration. He may not consolidate the claims of more than one person or preside over any form of representative or class proceeding or any proceeding on behalf of more than one person or involving more than one person.
21.8. Confidentiality: You, Squido and the arbitrator will maintain the confidentiality of all proceedings and disputes, including all information collected, prepared and submitted for the purposes of the arbitration or relating to the dispute in question, including the very existence of the dispute submitted to arbitration. The arbitrator shall have the authority to make appropriate decisions to ensure such confidentiality, unless otherwise provided by law.
21.9. Fees: The arbitrator shall determine the allocation of fees between the parties.
21.10. Right to opt out: You may opt out of this arbitration clause. If you do so, neither you nor Squido may require the other party to participate in arbitration proceedings. To opt out, you must notify us in writing within 30 days of the date on which you first agreed to these terms. Your notice must include your name, residential address, the email address you use for your User Account (if you have one) and a clear statement of why you wish to decline this arbitration clause. All requests for refusal should be sent to : 4533 rue Drolet, suite 7, Montreal (Quebec) H2T2G1, Canada.
21.11. Survival: The provisions of this Article 21 shall survive the termination of these Terms.
21.12. Unenforceability of arbitration: The courts of some countries may not allow you to agree to arbitration. If you reside in one of these countries, the laws of your country will apply as to such unenforceability of arbitration only.
21.13. Court Action: Where expressly authorized herein, any action or proceeding arising out of or relating to the Service or these Terms shall be brought in the courts of Quebec sitting in the judicial district of Montreal, and each party irrevocably submits to the exclusive jurisdiction of such courts in connection with any such action or proceeding, and you waive any objection to the competency and jurisdiction of such courts over you and to the competency of such courts over the aforementioned action or proceeding.
21.14. You agree and we agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms, the Service or to any dispute or transaction arising out of these Terms or the use of the Service.
21.15. Interpretation: This Article 21 shall be interpreted as broadly as permitted by any consumer protection laws applicable in your jurisdiction.
21.16. In the event of any dispute between you and other Users, you understand and agree that we shall have no obligation with respect thereto, and, to the fullest extent permitted by law, you hereby release Squido and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents and successors and agree to indemnify each of the foregoing for any and all losses suffered in connection with all claims, demands and damages (direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
22.1. You warrant and represent that all obligations set forth herein are legal, valid, binding and enforceable in law unto and against you.
22.2. You acknowledge and agree that appropriate disclaimers and terms of use on the Service are imposed upon you.
22.3. You acknowledge, agree and undertake that the use of the Service does not give you ownership of any intellectual property rights in the Service, except as expressly provided herein. You further agree not to remove, obscure or alter any legal notices displayed on, in or with the Service.
22.4. You agree to follow all policies made available to you as part of the Service.
23.1. Interpretation. In these Terms: (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms; (ii) the word “including”, the word “includes”, the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), are not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected; and (iii) all references to Service shall also include any successor or replacement applications, websites, content, products or services containing substantially similar information as the referenced Service(s).
23.2. Assignment. We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
23.3. Entire Agreement. The Terms and our Privacy Policy constitute the sole and entire agreement between you and Squido regarding the Service and supersedes and replaces all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
23.4. Force Majeure. We will not be liable for delays, failure in performance or interruption of the Service that result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, earthquake, flood, natural disaster, epidemic, pandemic, outbreak of illness or disease, declaration of public health emergency, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
23.5. No Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
23.6. Survival. All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
23.7. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, in whole or in part, then that provision or part thereof will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions or parts of such provision of these Terms will continue to be valid and enforceable.
23.8. Open Source. The Service may contain certain open source software. Each item of open source software is subject to its own applicable licence terms.
23.9. Social Networks. If at any time the Service includes features that operate in conjunction with certain third party social networking websites or applications that you visit (“Social Network Features”), your use of the Social Network Features is governed by these Terms, but your access and use of third party social networking websites or applications and the services provided through them is governed by the terms of use and other agreements posted on these websites and applications. You agree that you alone are responsible for your use of the Social Network Features and that we will not be liable to you or anyone else for your violation or breach of any terms of use or other agreement that may result from your use of the Social Network Features.
23.10. Translations. In the event of any conflict or inconsistency between the English version of these Terms and any translation thereof in any other language, the English version will prevail, except in Quebec, in which the French version will prevail. Veuillez visiter www.arnachitects.com/terms pour obtenir une traduction française officielle de ces Conditions.
23.12. This software uses libraries from the FFmpeg project under the LGPLv2.1
23.13. Questions and Concerns. If you have any questions or concerns about these Terms, please contact us at : info@squidostudio.com