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About Skelly Studios

 

PRIVACY POLICY FOR SKELLY

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Effective Date: October 1, 2024 

Skelly Studios, Inc., a Wisconsin corporation (“we,” “us,” “our,” and their derivatives) provides Skelly, including any playtest program (collectively, the “Game”), websites, and their respective subdomains (collectively, the “Websites”), and other online services (with the Game and the Websites, the “Services”).

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1. What does this Privacy Notice cover?  

This Privacy Notice (this “Notice”) sets forth how we collect, use, protect, store, disclose, and otherwise process your Personal Information (defined below). This Notice does NOT apply to information you provide to any third party or is collected by any third party (except as otherwise provided below). 

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By using our Services, you are confirming that you understand English well enough to understand this Notice. Should you have questions about this Notice, please contact us at social@skellystudios.xyz so we can clarify and address your questions.

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2. How do we process Children’s Personal Information?  

In accordance with the policies of Meta®, our Games are available to Quest Pro, Quest 2, Quest 3, and next-gen headset users at least 10 years of age who access our Games using a Parent-Managed Account, and Quest 1 and Rift users at least 13 years of age. 

If you become aware that an underage user has provided us with Personal Information or that a user has accessed our Games without using a Parent-Managed Account as required by Meta, please contact us by emailing us at social@skellystudios.xyz, so we may delete their Personal Information.

3. What categories of Personal Information do we collect?

We may collect different types of information from you depending on how you use our Services, including Personal Information. “Personal Information” means information that relates to an identified or identifiable natural person. The categories of Personal Information we may collect are listed below. Certain types of Personal Information may fall under more than one category. 

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We do not knowingly or intentionally process any sensitive Personal Information.

We may also collect information that does not generally identify you but may become associated with your account. We may use information that does not identify you for any permissible business or operational purpose under applicable law.

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Game

When you play the Game, we may process your: 

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  • Identifiers: usernames (Game username), email address, unique or online ID (such as a third party ID from Oculus or PlayFab), Internet Protocol address, and hardware ID and hardware information; 
  • Commercial information: purchase history of in-game items or DLCs; 
  • Internet or other similar network activity: gameplay information and user preferences; 
  • Audio, electronic, visual, thermal, olfactory, or similar information: movement data (tracking your hands and head) and voice data; and 
  • Other: information from the content that you send to us directly by sending us an email at social@skellystudios.xyz.

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Websites

When you visit the Websites, we may process your: 

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  • Identifiers: first and last name, Oculus ID, and email address;  
  • Internet or other similar network activity: interaction with the Websites; 
  • Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): first and last name; and 
  • Other: information from the content that you send to us directly by completing the “Contact Us” form on the Websites or by sending us an email at social@skellystudios.xyz.

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Game Discord Channel

When you visit the Game Discord Channel, we may process your: 

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  • Identifiers: Discord username, Discord user ID, and email address; and 
  • Other: information from the content that you share publicly on Discord.

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4. From what sources do we collect Personal Information?

Directly From You

We may collect your Personal Information when you provide it to us directly, including the examples below.

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  • When you create an account for the Game, we may collect your username and Internet Protocol address. 
  • When you play the Game, we may collect your movement data (tracking your hands and head) and voice data. 
  • When you contact us through the “Contact Us” form on our Websites, we may collect your first and last name, email address, and records and copies of your correspondence. 
  • When you submit a support ticket, we may collect your email address, and records and copies of your correspondence. 
  • When you respond to a survey or questionnaire, we may collect the information provided.

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Automatically From You

We may collect your Personal Information automatically as you use our Services. For example, we may collect your Personal Information as you interact with our Websites or as you play the Game. For more information about our and third parties’ use of cookies and other automatic data collection technologies and certain choices we offer you with respect to them, please see Section 5 below.

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From Third Parties

We may receive your Personal Information from or through third parties that help us provide or facilitate your access to the Services. For example, we may receive your Personal Information from the below third parties. 

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  • Game publisher such as Meta® : When you purchase in-Game items or DLCs, we may receive your purchase history. 

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  • Backend providers such as Microsoft Azure PlayFab® or Unity®: When you play the Game, we may receive your PlayFab ID (and associated Oculus ID). ‍
  • Social media platforms such as Discord®: When you join the Game Discord channel, we may receive your Discord username, user ID, and the information that you share publicly on our Discord channel. When you appeal against being banned from the Game Discord channel, we may receive your email address.

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We abide by this Notice when we use Personal Information provided to us by third parties. However, we may not control the Personal Information that third parties collect or how they use that Personal Information. You should review the third parties’ privacy policies for more information about how they collect, use, and share the Personal Information they obtain and use. 

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5. How do we and third parties use cookies and other automatic data collection technologies? 

Cookies are small pieces of text sent to your browser by a website you visit. They help that website remember information about your visit, which can both make it easier to visit the site again and make the site more useful to you. 

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Our Cookies and Other Automatic Data Collection Technologies 

We may use cookies and other automatic data collection technologies on the Services to collect Personal Information, for example, regarding your interaction with the Websites. By way of another example, when you play the Game, we may automatically collect your Internet Protocol address, gameplay information, and user preferences.

Third Party Cookies and Other Automatic Data Collection Technologies 

Cookies and other automatic data collection technologies on the Services may come from third parties. These cookies and other automatic data collection technologies improve your experience by helping us better tailor our Services to you. 

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  • Google Analytics and YouTube: Google Analytics is a web analysis service and YouTube is a video sharing and social media platform of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. The Personal Information collected by Google in connection with your use of our Websites is transmitted to a server of Google in the United States, where it is stored and analyzed. Google’s collection and use of Personal Information is subject to Google's privacy policy:www.google.com/policies/privacy/partners/

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Choices about Cookies

You may set your browser to refuse all or some browser cookies or to alert you when cookies are being sent (for Google: https://tools.google.com/dlpage/gaoptout). Please note that, if you disable or refuse cookies or other automatic data collection technologies, some aspects of the Services may be inaccessible or not function properly.

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6. For what purposes do we collect your Personal Information?

We may collect your Personal Information for the below purposes. 

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  • To provide or improve the Services: We may use your Personal Information to process your requests to access the Services and certain of their features and to generally present and improve the Services. For example, we may use your Personal Information to create your account for the Game, to grant you access to the Game, to fulfill in-Game purchases, and to improve the Game or Websites. 

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  • To administer the Services: We may use your Personal Information for any lawful business or operational purpose in connection with administering the Services. For example, we may use your Personal Information to respond to support tickets or business or media inquiries sent by you.

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  • To market the Services: We may use your Personal Information to market the Services to you. For example, with your prior consent, we may share news and updates about the Services through the Game Discord channel.

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  • In furtherance of legal, health, and safety objectives: We may access, use, and share with others your Personal Information for purposes of health, safety, and other matters in the public interest. We may also provide access to your Personal Information to cooperate with official investigations or legal proceedings (e.g., in response to subpoenas, search warrants, court orders, or other legal processes). We may also provide access to your Personal Information to protect our rights and property and those of our agents, users, and others, including to enforce our agreements, policies, and our Terms of Service. For example, we may use your Personal Information to respond to inappropriate or reported conduct in-Game, to enforce user bans for the Game and the Game Discord channel, and for moderation and enforcement of Discord channel policies. Typically we do not store this information, although we reserve the right to process your voice data locally in certain public room instances for moderation purposes. For moderation purposes, some of this voice data may be recorded and sent to a third party service for additional processing. Any such recordings are anonymized and retained for 35 days.

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  • In connection with a sale or other transfer of our business: In the event all or some of our assets are sold, assigned, or transferred to or acquired by another company due to a sale, merger, divestiture, restructuring, reorganization, dissolution, financing, bankruptcy, or otherwise, your Personal Information may be among the transferred assets.

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  • As we may describe to you when collecting your Personal Information: There may be other situations when we collect your Personal Information and simultaneously describe the purpose for that collection. 

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Lawful Basis 

We only collect, use, or store your Personal Information for a lawful basis such as: 

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  • you voluntarily provide it to us with your specific, informed, and unambiguous consent (for example, through the Game Discord channel); 
  • it is necessary to provide you with a Service that you have requested (for example, providing you access to the Game);
  • we have a legitimate business interest that is not outweighed by your privacy rights (for example, to ban users and address disruptive behaviors); or  
  • it is necessary to protect your vital interests or the vital interests of others (for example, we may collect or share Personal Information where necessary to resolve an urgent medical situation or protect the health or safety of one of our users or someone else).

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7. In what situations do we disclose your Personal Information?

We may disclose your Personal Information to a third party, such as a service provider or contractor for a business or operational purpose, or with your consent. When we disclose Personal Information for a business or operational purpose, we enter into a contract with the service provider or contractor that describes the purpose and requires the service provider or contractor to both keep that Personal Information confidential and not use it for any purpose except performing the contract. These service providers and contractors include our:

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  • backend platform service providers such as for error and crash reporting;
  • email service providers; 
  • game analytics providers; 
  • providers of voice moderation services to enforce a safe and inclusive environment; and 
  • customer support representatives and providers.

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We may also disclose your Personal Information:

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  • to our subsidiaries and affiliates;
  • to our lawyers, consultants, accountants, business advisors, and similar third parties who owe us duties of confidentiality;
  • to a buyer or other successor in the event of a sale, merger, divestiture, restructuring, reorganization, dissolution, or other transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us pertaining to the users of the Services is among the assets transferred;
  • to comply with any court order, law, or legal process, such as responding to a government or regulatory request;
  • to enforce any contract we may have in effect with you; 
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our users, or others; and 
  • if you have consented to such a disclosure. 

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We do not sell, rent, or share your Personal Information for cross contextual behavioral or targeted advertising, automated decision-making, or profiling purposes.

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8. How is my Personal Information protected?

In short, we aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

Your Practices and Activities

Your practices and activities are likewise very important for the protection of your Personal Information. You can take certain steps to help protect your Personal Information, such as being mindful of what you share publicly in the Game or on the Game Discord channel, including the below. 

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  • Do not use your real name when selecting a username.

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  • Do not share your real name or anything private about yourself or anyone else with other users of the Game or Game Discord channel.

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  • Do not pick a password that is easy to guess, and do not share your password.  

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Please remember that we have no control over what third parties do with the content of your communications and no responsibility or obligation regarding third parties.

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9. How do we treat Personal Information transferred to the United States?

Place of Business

We may store or process your Personal Information outside of the country where we collect the information or the country in which you reside. Our primary place of business is in the United States. You should understand that we may transfer some or all of your Personal Information to the United States to carry out certain operational and processing needs as described in this Notice.

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Transfer Mechanisms

When transferring Personal Information out of foreign territories, we implement technical, organizational, and physical safeguards to protect your Personal Information. We use European Commission approved standard contractual clauses and implement related measures where required by applicable law. Please contact us if you have questions related to the relevant transfer mechanism for your Personal Information.

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10. What rights do you have to your Personal Information?

Right to Access, Correct, Delete, or Restrict Processing

Subject to any limitations and exceptions under applicable law, you have the right to request access to your Personal Information and exercise the below rights.  

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  • You have the right to correct or update certain types of Personal Information. In many cases, you can review or update your account information by accessing your account online. 

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  • You have the right to request deletion of your Personal Information. If you choose to have your Personal Information removed from the Services, we will carry out your request within 30 days of account verification, subject to extension, and we will only retain minimal Personal Information to document your request and the actions we took to carry out your request. 

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  • You have the right to restrict certain processing of your Personal Information and the right to object to some types of processing of your Personal Information.  

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  • You have the right to withdraw your consent at any time. 

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  • You have the right to lodge a complaint regarding our collection, storage, or processing of your Personal Information with a data protection supervisory authority in the country where you live or work.

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We will comply with your requests in accordance with, and subject to, applicable law. For example, we are not required to delete your Personal Information if we have an overriding legitimate ground for retaining that information, such as to prevent fraud. Please note that we are legally prohibited from carrying out requested actions in some instances, including (1) when we are unable to confirm your identity or (2) where doing so would adversely affect the rights or freedoms of other individuals.  Further, we are not required to carry out a requested action in some instances, including where the request is considered excessive.

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We are Here to Help

Please email us at social@skellystudios.xyz with the subject line “Privacy Request” if you would like to exercise any of the rights described above or if you have questions regarding your rights. 

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11. Additional Notice for California, Colorado, Connecticut, Utah, and Virginia Residents 

California Online Privacy Protection Act

The following applies to California residents: 

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  • We do not track users of our Services over time and across third party websites or online services and therefore do not respond to Do Not Track signals. We are not aware of any third party that tracks users of our Services over time and across third party websites or online services. 

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California Shine the Light Law

The following applies to California residents:

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  • California residents may request information from us concerning any disclosures of Personal Information we may have made in the prior calendar year to third parties for direct marketing purposes. If you are a California resident and you wish to request information about our compliance with this law or our privacy practices, please contact us by emailing us at social@skellystudios.xyz

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State Privacy Laws 

The following applies to California, Colorado, Connecticut, Utah, and Virginia residents: 

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  • Right to Know and Access: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information. Once we receive and confirm your verifiable consumer request, we will disclose to you the following, to the extent retained by us:
  • the categories of Personal Information we collected about you; 
  • the categories of sources for the Personal Information we collected about you; 
  • our business or commercial purpose for collecting, selling, or sharing that Personal Information; 
  • the categories of third parties with whom we disclose that Personal Information;
  • the specific pieces of Personal Information we collected about you (also known as a data portability request); and 
  • if we sold or shared your Personal Information, two separate lists disclosing (1) sales, identifying the Personal Information categories that each category of recipient purchased, and (2) disclosures for a business or operational purpose, identifying the Personal Information categories that each category of recipient obtained.

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  • Right to Deletion: You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers and contractors to delete) your Personal Information from our records, unless an exception under applicable law applies. We may deny your deletion request if retaining the information is necessary for us or our service providers or contractors to: 
  • complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide the Services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; 
  • help to ensure the security and integrity of the Services to the extent the use of your Personal Information is reasonably necessary and proportionate to those purposes; 
  • debug the Services to identify and repair errors that impair existing intended functionality; 
  • exercise free speech, ensure the right of another user to exercise their free speech rights, or exercise another right provided for by law; 
  • comply with the California Electronic Communications Privacy Act; 
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided consent; 
  • enable solely internal uses that are reasonably aligned with user expectations based on your relationship with us and compatible with the context in which you provided the Personal Information; or 
  • comply with a legal obligation.

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  • Right to Correction: You have the right to request that we correct inaccurate Personal Information. Once we receive and confirm your verifiable consumer request, we will use commercially reasonable efforts to correct the inaccurate Personal Information, taking into account to the nature of the Personal Information and the purposes of the processing of the Personal Information.

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No Discrimination 

We will not discriminate against you for exercising any of your privacy rights under applicable law. Unless permitted by applicable law, we will not:

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  • deny you the Services; 
  • charge you different prices or rates for the Services, including through granting discounts or other benefits, or imposing penalties; 
  • provide you a different level or quality of the Services; or 
  • suggest that you may receive a different price or rate for the Services or a different level or quality of the Services.

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Verifiable Consumer Requests 

To exercise your rights described above, please email us at social@skellystudios.xyz with the subject line “State Privacy Rights.” Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. The verifiable consumer request must:

  • provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and 
  • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify your identity or authority to make the request.

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Response Timing and Format 

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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Any disclosures we provide will only cover the 12-month period preceding the receipt of verifiable consumer request, unless you request a longer period of time for Personal Information we collected about you after January 1, 2022. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 

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To appeal a decision regarding your verifiable consumer request, please submit your appeal using one of the two methods above. Your appeal should include an explanation of the reason you disagree with our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

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We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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12. How will we notify you of changes to this Notice?

We reserve the right to change this Notice from time to time consistent with applicable law. If we make changes to this Notice, we will notify you by revising the date at the top of this Notice and providing you with additional notice (such as adding a statement in the Game or the homepages of our Websites).

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13. How can you contact us?

If you have questions, you may email us at social@skellystudios.xyz

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If you are a law enforcement agency, please email us at social@skellystudios.xyz with your request for Personal Information with the subject line “Law Enforcement Request.”

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TERMS OF SERVICE

Last Updated: October 1, 2024

Skelly Studios, Inc., a Wisconsin corporation (“Skelly Studios,” “we,” “us,” “our,” and their derivatives) provides Skelly, including any playtest program (collectively, the “Game”), websites, and subdomains (collectively, the “Websites”), and other online services (with the Game and the Websites, the “Services”). Please read these Terms of Service (these “Terms”) carefully because they govern your use of the Services. 

ARBITRATION NOTICE: UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 20 (ARBITRATION AGREEMENT), AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND SKELLY STUDIOS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Agreement to Terms and Privacy Policy

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY BECAUSE THEY GOVERN YOUR USE OF THE SERVICES.

BY USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (THE “PRIVACY POLICY”) THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE SERVICES.

To accept these Terms, you must be at least 18 years of age or have reached the legal age of majority in the country in which your Account (defined below) is registered.

If you are younger than 18 years of age, or have not yet reached the legal age of majority in the country in which your Account is registered, your parent or legal guardian must create an Account for you and agree to these Terms in order for you to use our Services. Before you begin to use any of our Services, you agree to ask your parent or legal guardian to explain these Terms to you. 

If you are accepting these Terms on behalf of your child under the age of 18, or age of majority in the country in which your child’s Account is registered, you also (a) represent that you are the parent or legal guardian of your child; (b) affirm that you accept these Terms and our Privacy Policy on behalf of your child; and (c) accept all liability for your child’s actions and compliance with these Terms and our Privacy Policy.

2. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning the collection and processing of your personal information.

3. Account Requirements

If you want to use the Game through your own account, you must have a valid Meta account (collectively, “Accounts,” and each, an “Account”).  We do not administer Accounts; rather, they are administered by Meta. Each Account is subject to the relevant third party’s terms and conditions, and you agree to abide by those terms while using any of our Games. We comply with Meta’s requirements for parent-managed accounts.  You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. You must not permit a Child to access or use your Account unless it is a parent-managed Account and such access/usage complies with Meta’s applicable rules and regulations for parent-managed Accounts. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Skelly Studios or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.

4. Children

In accordance with the policies of Meta®, our Games are available to Quest Pro, Quest 2, Quest 3, and next-gen headset users at least 10 years of age who access our Games using a Parent-Managed Account, and Quest 1 and Rift users at least 13 years of age. 

If you become aware that an underage user has provided us with Personal Information or that a user has accessed our Games without using a Parent-Managed Account as required by Meta, please contact us by emailing us at social@skellystudios.xyz, so we may delete their Personal Information and remove their account.  

5. Intellectual Property Rights

All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the Services, are owned by Skelly Studios, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Skelly Studios, Penguin Paradise, and all related names, logos, product and service names, designs, and slogans are trademarks of Skelly Studios or its affiliates or licensors. You must not use such marks without our prior written permission, and we reserve all rights. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

6. Limited License to Use the Services

These Terms permit you to use the Services and view and use the content contained in the Services for your personal, non-commercial use only. As to the Game, the license contemplated by this Section gives you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, limited license to use one copy of the Game for your personal, non-commercial use for gameplay. For clarity, the foregoing license is only granted to those people that have purchased from or otherwise been given access to the Game by us or one of our third party publishers. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services. You must not access or use for any commercial purposes any part of the Services or materials available through them. No right, title, or interest in or to the Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by Skelly Studios. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7. Feedback

You may elect to informally provide us with Feedback from time to time. You agree that Skelly Studios will own, and you hereby assign to Skelly Studios your intellectual property rights in and to any and all Feedback and that Skelly Studios will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided by you, royalty-free and entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to us regarding the Services or any suggested improvements.

9. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  1. disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services;
  2. exploit, harm, threaten, or harass anyone, or engage in any other conduct that affects anyone else’s use or enjoyment of the Services or may harm Skelly Studios, as determined by us;
  3. cheat, including, without limitation, by accessing the Game in an unauthorized manner, playing with multiple accounts for the Game, sharing accounts, using any techniques to alter or falsify a device’s location (for example, through GPS spoofing), or selling or trading accounts;
  4. use the Services, or any portion thereof, to send advertising or promotional material or for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
  5. impersonate or attempt to impersonate Skelly Studios or anyone else; 
  6. use the Services in any way that violates applicable laws, or use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights;
  7. collect or store any personal information from the Services from other users of the Services, without their express permission;
  8. remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
  9. use, display, mirror, or frame the Services or any individual element within the Services, Skelly Studios’ name, any Skelly Studios trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Skelly Studios’ express written consent;
  10. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  11. modify, adapt, translate, or reverse engineer any portion of the Services, or use any manual process to monitor or copy any of the material on the Services for any other unauthorized purpose;
  12. use any device, software, or routine that interferes with the proper working of the Services;
  13. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  14. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Services are stored, or any server, computer, or database connected to the Services;
  15. attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
  16. otherwise attempt to interfere with the proper working of the Services; and
  17. encourage or enable any other person to do any of the foregoing.

Although Skelly Studios is not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating and updating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Services, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.

9. Health and Safety Precautions

While you are using the Game, please be aware of your surroundings, and play and communicate safely.

The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and safety risks not contained below. Skelly Studios is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.

  1. Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision, involuntary movements, or disorientation. Skelly Studios is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep, and take 10- or 15-minute breaks every 30 minutes while playing the Game.
  2. Motion Sickness. Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some users. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activities until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, earaches, or other health issues which may increase your susceptibility to adverse symptoms.
  3. Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin, or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain: avoid excessive play; take a 10- to 15-minute break every 30 minutes while playing the Game; if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and if you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
  4. Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to you playing the Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels so that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety, or when suffering from a cold, flu, headaches, migraines, or other illnesses.

10. Limited License to Broadcast Gameplay

Skelly Studios believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each valid user of the Game (“Broadcasting User”) a personal, non-exclusive, non-transferable, revocable, limited license to broadcast such Broadcasting User’s unique gameplay (“Broadcasted Content”), but only through third party media that is, at the time of broadcast, currently approved by Skelly Studios (“Approved Broadcaster(s)”). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you non-exclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that they opt out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content, including that user, is revoked.

The above limited license is subject to the additional conditions:

  1. a Broadcasting User may only broadcast their own gameplay;
  2. all Broadcasted Content must otherwise comply with these Terms and the Privacy Policy;
  3. Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)’ applicable terms of service, policies, rules, and guidelines; and
  4. Skelly Studios may revoke a Broadcasting User’s license to broadcast for any or no reason and without notice.

Any user may revoke their permission to be included in Broadcasted Content by providing written notice to the applicable Broadcasting User of their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Skelly Studios may also provide Opt-Out Notices, on a case-by-case basis, on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the user who opted out. Skelly Studios does not assume any responsibility for ensuring compliance with the foregoing.

Below is an exclusive list of currently Approved Broadcasters. Users may only use Broadcasted Content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, and we do not make any representations as to the quality or functionality of the Approved Broadcasters’ services.

  1. Twitch Interactive, Inc.
  2. YouTube, LLC
  3. Meta Platforms, Inc.
  4. Twitter Inc.
  5. reddit Inc.
  6. Discord, Inc.

We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at social@skellystudios.xyz

 

11. Playtests

Skelly Studios may, in its sole discretion, ask you to participate in a playtest to help test and improve the Game (each, a “Playtest Program”). As consideration for your full participation in a Playtest Program and compliance with your obligations below, Skelly Studios will provide you with a Game reward, as determined by Skelly Studios.

As a participant in the Playtest Program, you may be exposed to confidential, pre-release materials and information about the Game. You may not share, copy, disclose, distribute, stream, publish, transmit, post, or otherwise make available to a third party, directly or indirectly, any non-public information that (a) we disclose to you, (b) you may disclose to us, or (c) you may otherwise learn as the result of your participation in the Playtest Program.

You may be asked to provide us with Feedback based on your play experiences and agree that we will own, and you hereby assign to us, any and all Feedback that you may provide to us.

As long as you are participating in the Playtest Program, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to use the Game and any other documents, information, materials, or communications relating to the Game, solely for the purposes of participating in the Playtest Program and providing Feedback to us about your experience with the Game. Use of the Game or confidential information regarding the Playtest Program in any manner not expressly permitted in these Terms is strictly prohibited.

We reserve the right, but are not obligated, to remove, disable, or suspend your participation in the Playtest Program at any time, without notice, and for any reason or no reason. We reserve the right to withdraw or change the Playtest Program, in our sole discretion and without notice. We will not be liable to you if for any reason all or any part of the Playtest Program is unavailable at any time or for any period.

We retain ownership and other applicable rights in the Playtest Program, which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

12. Changes to the Services 

We reserve the right to withdraw, modify, suspend, or discontinue any of the Services in our sole discretion and without notice. The Services are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.

We may, from time to time, provide enhancements or improvements to the features or functionality of the Game, which may include patches, bug fixes, updates, upgrades, and other modifications. Updates may modify or delete certain features or functionalities of the Game. You agree that we have no obligation to provide any updates or continue to provide or enable any particular features or functionalities of the Game.

13. Reliance on Information Made Available Through the Services

We do not warrant the accuracy, completeness, or usefulness of any information made available through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any information made available through the Services.

14. Third Party Content

The Services may display, include, or make available third party content (including data, information, links, applications, and other products or services). This third party content is provided for your convenience only. We have no control over third party content and accept no responsibility for third party content or for any loss or damage that may arise from your use of such third party content. 

15. Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not link in such a way as to suggest any form of association, approval, or endorsement on our part.

16. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination of the Services, all provisions regarding Skelly Studios’ limitation of liability and Sections 5 (Intellectual Property Rights), 7 (Feedback), 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnification), 20 (Governing Law and Jurisdiction), 21 (Waiver and Severability), and 22 (Entire Agreement) will survive such termination.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAME AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY SKELLY STUDIOS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKELLY STUDIOS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SKELLY STUDIOS NOR ANYONE ASSOCIATED WITH SKELLY STUDIOS REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAME AND SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM SKELLY STUDIOS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SKELLY STUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. SKELLY STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SKELLY STUDIOS, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SKELLY STUDIOS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKELLY STUDIOS AND YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless Skelly Studios, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, members, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

20. Arbitration and Class Action and Jury Trial Waivers

PLEASE READ THIS SECTION 20 (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION 20 (ARBITRATION AGREEMENT) ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANY BATCHING PROCEDURES CONDUCTED BY THE ARBITRAL FORUM), PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Arbitration. You and Skelly Studios agree that any dispute, claim, or controversy between you and Skelly Studios, including, without limitation, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the Services (collectively, “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, will be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator will also be responsible for determining all threshold arbitrability issues, including, without limitation, issues of arbitrability, issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including, without limitation, waiver, delay, laches, or estoppel.
  2. Injunctive or Other Equitable Relief. Notwithstanding anything contrary herein, each party retains the right to bring an individual action in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. In addition, (i) the parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (including anti-circumvention claims or any other related statutory rights) (an “IP Equity Action”), and (ii) Skelly Studios retains the right to bring an action in a court of competent jurisdiction arising out of or relating to your violation of Section 8 (Prohibited Uses). You agree any Disputes arising out of or related to (i) and (ii) will be governed by Minnesota law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary, and any such Disputes will be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Hennepin County, Minnesota. 
  3. Class Action and Jury Trial Waivers. You acknowledge and agree that you and Skelly Studios are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. Further, unless both you and Skelly Studios otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Subsection (3) (Class Action and Jury Trial Waivers) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement will be deemed null and void in its entirety, and you and Skelly Studios will be deemed not to have agreed to arbitrate the Disputes. Except as provided in the preceding sentence, this Section 20 (Arbitration Agreement) will survive any termination of these Terms. To the extent that any Disputes are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such Disputes must be governed by Minnesota law and controlling United States federal law, and litigated in the state or federal courts located in Hennepin County, Minnesota, and the parties agree that litigation of those Disputes will be stayed pending the outcome of any individual Disputes in arbitration. Notwithstanding the foregoing, you or Skelly Studios may participate in a class-wide settlement.
  4. Opt-out Procedures. To opt-out of this Arbitration Agreement, you must send Skelly Studios a written opt-out notice (“Opt-Out Notice”) by email at social@skellystudios.xyz within 30 days from the Effective Date or the date that you first accessed the Services, whichever is later (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address, a clear statement that you wish to opt-out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other provisions of these Terms will continue to apply to you. Opting out of this Arbitration Agreement will have no effect on any future arbitration agreements you may enter into with Skelly Studios. As stated above, if you do not opt-out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement. If you timely provide Skelly Studios with a valid Opt-Out Notice, you agree that all Disputes will be governed by Minnesota law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary, and any such Disputes will be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located Hennepin County, Minnesota.
  5. Arbitration JAMS Rules. All Disputes will be submitted to JAMS for arbitration before one arbitrator in accordance with the applicable JAMS clauses, rules, and procedures (the “JAMS Rules”) or the JAMS Mass Arbitration Procedures and Guidelines and Mass Arbitration Fee Schedule (the “JAMS Mass Arbitration Rules”) (as applicable) then in effect, except as modified by this Section 20 (Arbitration Agreement). The Federal Arbitration Act will govern the interpretation and enforcement of this Section 20 (Arbitration Agreement). If 75 or more similar Demands for Arbitration are presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, the JAMS Mass Arbitration Rules will apply. It is the intent of the parties that the FAA and the JAMS Rules and JAMS Mass Arbitration Rules (as applicable) will preempt all state laws to the fullest extent permitted by law. If the FAA and the JAMS Rules and JAMS Mass Arbitration Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue will be resolved under the laws of Minnesota.
  6. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. You and Skelly Studios agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, in the event of a Dispute, you and Skelly Studios each agree to send the other party a written Notice of Dispute (“Notice of Dispute” or “Notice”). A Notice of Dispute from you to Skelly Studios must be emailed to social@skellystudios.xyz (“Notice Address”). Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of the Services; and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. Skelly Studios will send any Notice of Dispute to you at the email address (or another form of contact information) it has for you. After receipt of a Notice of Dispute, the parties will engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Skelly Studios agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period), and both parties will attend (with counsel, if represented). You and Skelly Studios agree that the parties (and counsel, if represented) will work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. Compliance with this mandatory Notice and informal dispute resolution procedure is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines will be tolled while the parties engage in the informal dispute resolution procedures set forth in this Subsection (f) (Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure). If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this Subsection (f) (Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure) limits the right of a party to seek damages in arbitration for non-compliance with this Section 20 (Arbitration Agreement).
  7. Arbitration Location and Procedure. If the parties cannot resolve the Dispute after complying with Subsection (f) (Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure), a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules or JAMS Mass Arbitration Rules (as applicable). If the Dispute does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Skelly Studios submit to the arbitrator, unless the parties agree otherwise or the arbitrator determines that a hearing is necessary. If the Dispute exceeds $10,000, a party’s right to a hearing will be determined by the JAMS Rules or JAMS Mass Arbitration Rules (as applicable). Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place in Hennepin County, Minnesota, or such other place agreed upon by the parties consistent with both parties’ right to reasonable access to arbitration. Subject to the JAMS Rules or JAMS Mass Arbitration Rules (as applicable), the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. At the conclusion of the arbitration proceeding, the arbitrator will render an award within the time frame specified in the JAMS Rules or JAMS Mass Arbitration Rules (as applicable). The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. An arbitrator’s award that has been fully satisfied will not be entered in any court. The arbitrator’s award of damages must be consistent with the terms of Section 18 (Limitation of Liability) as to the types and amounts of damages for which a party may be held liable. Your responsibility to pay any JAMS filing, administrative, and arbitrator fees will be solely as set forth in the JAMS Rules or JAMS Mass Arbitration Rules (as applicable).
  8. Confidentiality. The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
  9. Opt-out of Future Changes to the Arbitration Agreement. Notwithstanding the provisions of Section 23 (Changes to these Terms), if Skelly Studios makes any future material changes to this Arbitration Agreement, you may reject any such change by sending an email to social@skellystudios.xyz within 30 days of the date of the posting of that change that provides (i) your full legal name and (ii) a description of the change(s) you are rejecting. This will not qualify as an Opt-Out Notice. To opt-out of the entire Arbitration Agreement, you must comply with Subsection (d) (Opt-Out Procedures).  

21. Waiver and Severability

No waiver by Skelly Studios of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Skelly Studios to assert a right under these Terms will not constitute a waiver of such right. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.‍

22.Entire Agreement

These Terms and the Privacy Policy are the sole and entire agreement between you and Skelly Studios regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.

23. Changes to these Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Services, following the posting of revised Terms, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.

24. Contact Us 

If you have any questions about the Services or these Terms, please contact us at  social@skellystudios.xyz‍

If you are a law enforcement agency, please email us at social@skellystudios.xyz with the subject line “Law Enforcement Request.” 

  • Privacy Policy

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