Last Updated: 01/23/2023
We reserve the right to modify or discontinue providing the Products or Content in any and all respects at any time.
The Pigeons and Their Wisdom – DISCLAIMER OF LIABILITY
Did you know that flocks of pigeons make decisions using the collective wisdom of the group, and can overrule incorrect information provided by their leader? Pretty smart! Did you also know that studies of Columba livia have shown that their lateralized brains display individual meta-control even in the presence of equal categorization performance of both brain hemispheres, suggesting that hemispheric dominance only emerges in interhemispheric conflict situations? We don’t know what that means, but we suspect it means pigeon brains work good.
Despite this, no one has yet been able to teach pigeons law, ethics, or how to behave in social situations. You can use the Game to ask the pigeons to make any type of decision. However, if the Game provides a decision that is illegal, immoral, scandalous, or otherwise wrong, please remember: they are just pigeons, and you should use your own judgment.
Certain types of content are made available through the Products.
“Content” includes, but is not limited to, software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, images, illustrations, animations, apparel, forms, video, code, and all audio visual or other material appearing on or emanating to and/or from the Products, including their look and feel attributes, as well as the design and appearance of the Sites; trademarks; logos; and other information or material made available through the Site and Game.
“User Content” means any text, data, graphics, images, animations, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by individual users to the Products, including through use of any widget.
“Sensitive Information” means any personal information related to your health or sex life, genetic or biometric data, race, ethnicity, political views, religion, professional status, philosophical view, and trade or union affiliation.
Intellectual Property Rights
The Products are owned by Provider (or are made available by Provider pursuant to licenses from its third-party licensors) and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content unless you are expressly authorized by us in writing to do so. You may not share any Content on social media (e.g., Facebook, Twitter, TikTok, Instagram, etc.) other than through sharing functionality provided by the Products. You do not acquire any ownership rights in Products or Content by using the Products or Content.
User Comments and Feedback
Our Products offer various opportunities to interact and share information, including Sensitive Information, with us and other users in Game or via forums, social media pages (including Tik Tok, Discord, Facebook, Twitter, and Instagram), digital storefronts operated by or through which our Games are published (“Digital Storefronts”), or via other initiatives. However, please note that such opinions or views expressed, or statements made in those instances (other than by our employees, officers, or authorized agents) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Provider.
You retain ownership in your User Comments and any intellectual property rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Sites, or through other community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of Products.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Products and Content (“Feedback”). You may submit Feedback via the Contact section of the Site, through which you can also view the Support FAQ and contact the Customer Support team directly. By doing so, you acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to Provider and agree to irrevocably assign to Provider all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. You also hereby irrevocably grant to Provider a non-exclusive, perpetual, worldwide license to use Feedback for any purpose, including but not limited to providing and improving Products. At our request and expense, you further agree to execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain intellectual property rights and other legal protections for the Feedback.
Contributing Third Party Content
We respect the intellectual property rights of others. To the extent that the Product allows the submission of User Content, you warrant that you have the legal right to upload the User Content to the Products. You may not upload or post any User Content that is protected by copyright, trademark, patent, or other intellectual property rights unless: (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove User Content that may infringe the intellectual property rights of a third party. If you are an infringer of our, or a third party’s, intellectual property rights, we may terminate your access to and use of the Products without notice to you. If your access is terminated to the Products as a result of any infringement of intellectual property rights, you are not entitled to a refund for any fees you have paid to us.
To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Content. However, we have adopted and implemented a policy consistent with the U.S. Digital Millennium Copyright Act of 1998 whereby we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform). If you believe that your copyrights are being violated by User Content or other materials located in our Products or other channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Product or channel under our direct control, including a verifiable link to the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.
The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at:
IP Infringements Officer
The Butterfly Hedge, LLC
2633 Eastlake Ave. E., Suite #202
Seattle, WA 98102
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
Your physical or electronic signature;
Your name, address, and phone number;
Identification of the material and its location before it was removed;
A statement under penalty of perjury that the material was removed by mistake or misidentification;
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
Your consent to accept service of process from the party who submitted the takedown notice.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Provider in connection with the written notification and allegation of copyright infringement.
Contributing User Content; License Grant to Provider
When you contribute User Content to the Products, you expressly grant to us a non-exclusive, perpetual, worldwide, complete, irrevocable, transferrable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such User Content.
The Products may contain or link to third-party websites or resources (“Third-Party Services”). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Third-Party Services; or (ii) the content, products, or services on or available from such websites or resources (“Third Party Materials”). Links to such Third-Party Services do not imply any endorsement by us of such Third-Party Services or Third Party Materials available from such websites or resources. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Sources or Third-Party Materials. Third-Party Services, Third-Party Materials and links to other websites are provided solely as a convenience to you.
Sweepstakes and Contests
Rules of Conduct
Post, transmit, promote, or distribute User Content that is illegal.
Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
Transmit or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
Disrupt the flow of chat in chat interfaces with vulgar language, abusiveness, causing the interface to scroll excessively, use of excessive shouting (typing in all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).
Impersonate another person (including celebrities), indicate falsely that you are our employee or our representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.
Engage in any commercial activities, including but not limited to any attempts to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or multi-tiered marketing scheme.
Attempt to get a password, account information, or other private information from any user.
Upload any software or User Content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
Modify any part of the Products or Content that we do not specifically authorize you to modify.
Post or communicate any other individual’s personal information through the Products.
Attempt to interfere with, hack into or decipher any transmissions to or from our servers.
Attempt to use Products on or through any service that is not controlled or authorized by us.
Interfere with the ability of others to enjoy using Products or take actions that interfere with or increase the cost to provide Products for the enjoyment of all users.
Obtain or attempt to obtain any unfair advantage, procure in-game items and/or currency, or bypass any game system by exploiting a bug, design flaw, technical issue, or by any other method.
Third-Party Services may also post additional rules that apply to your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to your activities when you use the Products.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to us via the Contact section of the Site.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PERFORMED OR PROVIDED BY THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCTS AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE PRODUCTS OR THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE, PRODUCTS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ANY SUM PAID BY YOU TO PROVIDER FOR ACCESS TO THE PRODUCTS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Controlling Law and Jurisdiction
First, by direct negotiation between you and our representative with authority to settle the Dispute. The party claiming that there is a Dispute must notify the other party in writing, giving full details of the claim and the specific relief sought (the “Dispute Notice”). Following receipt of the Dispute Notice, our representative shall attempt to contact you by e-mail or telephone to try to resolve the Dispute in good faith within thirty (30) days of receipt of the Dispute Notice. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Entire Agreement; Severability; Waiver
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