Last Updated: Aug 1, 2016
1 About these terms
1.1 These terms apply to your download, access and/or use of Skunk Studios games, whether on your PC, on a mobile device, on our website www.qbeez.com (the "Website") or any other website, or on any other device or platform (each a "Game" and together the "Games"). These terms also apply to any of our other services that we may provide in relation to the Games or the Website, such as customer support, social media and community channels (we refer to all our Games and other services collectively as the "Services" in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our games.
1.2 If you do not agree to these terms or any future updated version of them then you must not use, and must cease all use of, any of our Services. If any future update to these terms require a click to accept, then you may not be able to continue to use the Services until you have clicked to accept the updated terms.
1.3 FOR RESIDENTS IN THE USA: If you are a resident of the United States of America, then these terms represent a legal agreement between you and Skunk Studios.com (US) INC. IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 21.
1.5 In these terms references to "Skunk Studios", "we", "us" and "our" are references to either Skunk Studios, Inc or Skunk Studios.com (US) LLC depending on which company your legal agreement is with as specified in paragraphs 1.3 and 1.4 above.
1.7 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
1.8 You can access the latest version of these terms at any time at qbeez.com/terms/. We can make changes to these terms at any time in accordance with paragraph 17 below and, except in relation to any amendment to paragraph 21 (Binding Arbitration and Class Action waiver) below, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
2 About accessing and using our Services
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may also be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2.4 If available on our website, paying for items on our Website
The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before maSkunk Studios a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to maSkunk Studios any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.
3 Accounts (Facebook - when available)
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.3 In these terms, references to "log in details" or "account" include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.4 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
4 Virtual Goods and Virtual Money
4.1 Our Games may include virtual currencies such as gold bars and gems ("Virtual Money") or items or services for use with our Games ("Virtual Goods"). If you are over 18 years old you may be able to buy Virtual Goods or Virtual Money. You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods only from us, and not from any third party. You agree that Virtual Money and Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods or Virtual Money are successfully credited to your account on our servers.
4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or otherwise linked to your personally identifiable information, we will not be able to restore any purchases to a different device if you lose that device or it is damaged. Accordingly, any risk of loss of Virtual Goods or Virtual Money on a device which is not connected in this way is transferred to you upon completion of the purchase as described in paragraph 4.3 above.
4.5 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
4.6 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.7 We may revise the pricing for Virtual Goods and Virtual Money offered through the Services at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to purchase Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
4.8 Depending on your platform, any Virtual Goods or Virtual Money purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
4.9 Without limiting paragraph 4.4, if we suspend or terminate your account in accordance with these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
5 User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ("Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another's privacy;
- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
- use our Services to harm anyone or to cause offence to or harass any person;
- create more than one account per platform to access our Services;
- use another person or entity's email address in order to sign up to use our Services;
- use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
- disguise, anonymise or hide your IP address or the source of any Content that you may upload;
- use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
- interfere with or disrupt our Services or servers or networks that provide our Services;
- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
- sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods;
- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of any network connected to our Services;
- use our Services in violation of any applicable law or regulation;
- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
- use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us here: firstname.lastname@example.org.
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaSkunk Studios to do so.
5.8 You are solely responsible for your interactions with other users of our Services.
6 Playing our Games with other users
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
6.1.1 choose to play against another user or to play socially with another user whom Skunk Studios selects for you, or
6.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with.
Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where Skunk Studios selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).
6.3 By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially with others, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.
7 Your breach of these terms
7.1 We reserve the right to suspend or terminate your access to our Services immediately without notice (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 4.1, 4.7, 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
8 Availability of the Services
8(A) For residents the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
8(B) For residents outside the United States: Subject to the next sentence, we do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
9 For residents in the United States - Limitation of Liability
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
10 For residents outside the United States - Limitation of Liability
10.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
10.2 We are not responsible for:
- losses or harm not caused by our breach of these terms or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;
- any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
- technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
10.4 Subject to paragraph 10.5 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
10.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
11 Intellectual Property
11.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
11.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
11.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
11.5 By submitting Content (as defined in paragraph 5.3) via our Services you:
- are representing that you are fully entitled to do so;
- grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as “moral rights" in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
- agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taSkunk Studios legal action (at our cost) on your behalf.
11.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to ip-notice@Skunk Studios.com:
- a description of the intellectual property rights and an explanation as to how they have been infringed;
- a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
12 For residents the United States-- U.S. GOVERNMENT RESTRICTED RIGHTS: Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Skunk Studios.com (US) LLC, 3100 Ocean Park Boulevard, Santa Monica, California 90405.
13.1 Whether your contract is with QBeez.com or with Skunk Studios(US) Inc, the data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Skunk Studios, Inc.
13.3 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Services to. If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use your email address and any other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Games more enjoyable for you and others that play our Games on that social network. If you do not agree to these practices you should not allow our Games to interact with your social network.
13.5 This paragraph 13 shall not affect the provisions of paragraphs 20 and 21 which shall take precedence over this paragraph 13.
15 Transferring these terms
15.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
16 Entire agreement
16.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.
17 Changes to these terms
17.1 You can find these terms at any time by visiting QBeez Terms.
17.2 Without affecting paragraph 21.8 below, we reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
18.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
19 Waivers of our rights
19.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
20 Complaints and dispute resolution
20.1 Most concerns can be solved quickly by contacting us at QBeez Feedback.
20.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of California.
21 For residents in the United States-- BINDING ARBITRATION AND CLASS ACTION WAIVER:
21.1 These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or access, download and use our Services in the United States. These provisions may also apply to you if you are domiciled in and/or download or use our Services from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
21.2 Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached through our Skunk Studios Care portal (http://care.Skunk Studios.com). Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
21.4 Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in San Francisco County, California, and you and we agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
21.6 Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
21.7 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above by sending an electronic written notice of your decision to opt-out to the following email address: email@example.com, Attn: Skunk Studios Legal. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable Game or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
21.8 Changes to this section: We will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
22. JURISDICTION AND APPLICABLE LAW
Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.
22.1 For residents in the United States. If you are resident in the United States then you are contracting with Skunk Studios.com (US) Inc, whose resides in California and any and all claims arising out of or relating to these terms (including their interpretation, claims for breach and all other claims (including consumer protection, unfair competition, and tort claims)), the parties' relationship with each other and/or your use of our Games or other Services will be subject to the laws of the State of Delaware, without reference to conflict of laws principles. If any court or arbitrator determines that the "Class Action Waiver" paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of these terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you downloaded, accessed or commenced use of the Service that was subject to these terms. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in San Francisco County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.
23 If you are resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.
24 Questions about these terms
24.1 If you have any questions about these terms or our Services you may contact us by email at QBeez Supports.
These terms were last updated on 1 August 2016.
© Skunk Studios, Inc. "Skunk Studios" is a registered trade mark of Skunk Studios, Inc. All rights reserved.