TERMS OF SERVICE

Overview

Updated August 1, 2019

OVERVIEW

Welcome to www.unrulysplats.com (“Website”).  Unruly Studios, Inc., a Delaware corporation (“Unruly Studios”, “we”, “us” or “our” ), owns and operates the Website, including all content, information, tools and services available on the Website, and the web-based and downloadable mobile applications offered through the Website to operate the Unruly Splats tiles (our “Software Services”).  We are providing our Website and a license to use our Software Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our Website, including purchasing any of the products available on our Website, or using our Software Services, you engage agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website or our Software Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website or using our Software Services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or our Software Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Website or our Software Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and Software Services following the posting of any changes constitutes acceptance of those changes.

The online retail store functionalities available through our Website is provided by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – LICENSE GRANT FOR SOFTWARE SERVICES

We grant you a non-exclusive and non-transferable license to use our Software Services.  You shall only use our Software Services either through the link provided on the Website or through an appropriate mobile device.  Your license to use our Software Services are subject and governed by the following terms:

SECTION 3 - RESTRICTIONS ON USE OF WEBSITE AND SOFTWARE SERVICES

You may use our Website and Software Services for lawful purposes and in accordance with these terms.  You shall only use our Website and Software Services or your own personal and non-commercial use.  You agree not to use our Website or Software Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.  

To upload, send, or transmit any content or materials that:

contains unsolicited or unauthorized advertising, including any “junk mail”, “chain letters”, “spam”, “pyramid schemes”, or any other form of solicitation, or

software viruses or malware of any kind.

To impersonate or attempt to impersonate the Unruly Studios, a employee of Unruly Studios, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website or Software Services, or which, as determined by us, may harm Unruly Studios or users of our Website or Software Services or expose them to liability.

Additionally, you agree not to:

Sub-license, distribute, sell, provide for service bureau use, lease, rent, loan, or otherwise transfer your license to use of our Software Services to any third party.  

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our Software Services.  

Use our Website or Software Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of our Website or Software Services,

Use any robot, spider, or other automatic device, process, or means to access the Website, including the website where we provide our Software Services, for any purpose, including monitoring or copying any of the materials available through our Website or Software Services.

Use any manual process to monitor or copy any of the materials on through our Website or Software Services or for any other unauthorized purpose without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Website and our Software Services.

Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website or Software Services, the server on which our Website or Software Services is stored, or any server, computer, or database connected to our Website or our Software Services.

Attack our Website or our Software Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of our Website or Software Services.

SECTION 4 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our Website is not accurate, complete or current. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Website is at your own risk.

Our Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any functionality available through our Website (or any part or content thereof) and our Software Services without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any services provided through our Website and our Software Services.

SECTION 7 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, which is https://www.unrulysplats.com/return-policy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services, including our Software Services, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on our Website will be corrected.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 9 - INTELLECTUAL PROPERTY

All content on our Website or provided through our Software Services, such as text, graphics, logos, button icons, images, audio clips, video, and software code is the property of Unruly Studios, or its content suppliers and protected by U.S. and international copyright laws.  You may make an electronic or hard copy of only our Website for the sole purpose of placing an order through our Website or using our Website as a shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of our Website or through our Software Services is strictly prohibited.

All trademarks, logos, service marks and trade names on our Website or through our Software Services are proprietary to Unruly Studios, or their respective owners that have granted us the right and license to use such intellectual property on our Website or through our Software Services.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or our Software Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy go to https://www.unrulysplats.com/privacy-policy.  

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the content provided through our Software Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website or on content available through our Software Services is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our Website or on any content provided through our Software Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Website or Software Services, should be taken to indicate that all information on our Website or content provided through our Software Services has been modified or updated.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Website or Software Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our Website or Software Services will be accurate or reliable.

You agree that from time to time we may remove our Website or Software Services for indefinite periods of time or cancel our Software Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website or our Software Services is at your sole risk. The Website and our Software Services and all products and services delivered to you through the Website or Software Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Unruly Studios, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using our Website or Software Services, or for any other claim related in any way to your use of our Website or Software Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Website or Software Services or any content (or product) posted, transmitted, or otherwise made available via our Website or Software Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Unruly Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Website or Software Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website or Software Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on our Website or in respect through our Software Services constitutes the entire agreement and understanding between you and us and govern your use of our Website and Software Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide our Website and Software Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Software Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@unruly-studios.com.