PRIVACY POLICY FOR SKELLY
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”).
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).
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.
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.
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.
Game
When you play the Game, we may process your:
Websites
When you visit the Websites, we may process your:
Game Discord Channel
When you visit the Game Discord Channel, we may process your:
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.
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.
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.
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.
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.
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.
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.
6. For what purposes do we collect your Personal Information?
We may collect your Personal Information for the below purposes.
Lawful Basis
We only collect, use, or store your Personal Information for a lawful basis such as:
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:
We may also disclose your Personal Information:
We do not sell, rent, or share your Personal Information for cross contextual behavioral or targeted advertising, automated decision-making, or profiling purposes.
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.
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.
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.
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.
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.
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.
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.
11. Additional Notice for California, Colorado, Connecticut, Utah, and Virginia Residents
California Online Privacy Protection Act
The following applies to California residents:
California Shine the Light Law
The following applies to California residents:
State Privacy Laws
The following applies to California, Colorado, Connecticut, Utah, and Virginia residents:
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:
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:
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.
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.
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.
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.
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.
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).
13. How can you contact us?
If you have questions, you may email us at social@skellystudios.xyz
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:
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.
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:
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.
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.
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.”
Skelly Studios
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