Boardtastic Skateboarding Terms Of Use Agreement and Privacy Policy

Terms Of Use Agreement

1. Ownership and Agreement to Terms of Use

Welcome to PerBlue, Inc.'s ("PerBlue", "We", "Our") action game, Boardtastic Skateboarding ("Game"), and all associated PerBlue services provided at or through Boardtastic Skateboarding (collectively, "Boardtastic") including http://www.boardtastic.com and http://www.perblue.com however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”).

Subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe (collectively, "use" or "using") to Boardtastic ("You", "Your", "Users") do so under this Terms of Use Agreement ("Terms of Use").

Any physical device used by Users to use Boardtastic and connect with our servers, regardless of its type or method of connection, will be referred to as “Device” in this Terms of Use policy.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING Boardtastic, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF USE, AND AGREE TO BE BOUND BY THE TERMS OF USE.

PERBLUE RESERVES THE RIGHT, IN OUR SOLE DISCRETION TO MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME ("CHANGES"). IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF Boardtastic WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.

IF YOU DO NOT AGREE TO THE TERMS OF USE NOW, OR IF AT ANY TIME THE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF Boardtastic IMMEDIATELY.

THE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND PERBLUE.

You may receive a copy of this Agreement by emailing us at: legal@perblue.com, Subject: Request Terms of Use Agreement.

This Terms of Use Agreement is solely between You and PerBlue, and does not include any of PerBlue's licensors or any third party to which the Website links, any mobile provider, any Device provider, or any advertising network. PerBlue is solely responsible for Boardtastic and related content.

The Terms of Use incorporate by reference PerBlue's Privacy Policy located here. Please read the terms of these documents carefully as You agree to them when You agree to the Terms of Use.

As long as You comply with the Terms of Use, PerBlue grants You a personal, non-exclusive, non-transferable, limited privilege to use Boardtastic on a Device.

Subject to the Terms of Use, You may become a Boardtastic account holder, play the Game, invite others to play the Game, transmit Your Information and actions to other Users, allow Users to transmit their Information and actions to You and submit text, messages, information and other content and data as permitted by the functionality of the Game or the Website (including Forums, chat, and bulletin boards) ("User Submissions"). Support and maintenance of Boardtastic is provided by PerBlue. In no event shall Google or any other PerBlue licensors have any obligation with respect to maintenance and support services for Boardtastic.

2. Age Restriction

Boardtastic’s users must be aged 13 years or older at the time of account creation. If you are under the age of 13, cease using Boardtastic immediately.

Players who are 13 or older but under the age of 18 agree to review these terms and conditions with their parent or legal guardian. By using Boardtastic, both you and your parent or legal guardian understand and agree to the terms of use, and you agree to have your parent or guardian review and accept the terms of use on your behalf.

If you are a parent or legal guardian of a child 13 years or older, but under the age of 18, whose child wishes to use Boardtastic, you must agree to and accept the terms of use and take full responsibility for your child's use of Boardtastic, including all financial charges and any legal liability that may result.

If you are a parent or legal guardian of a child who is using Boardtastic and you wish PerBlue to disable your child's account, please email PerBlue at legal@perblue.com, subject: Delete my child's account.

3. Your Conduct

You agree NOT to:

4. Disclaimers

You acknowledge and agree that PerBlue has offered Boardtastic and entered into the Terms of Use with You in reliance upon these disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the disclaimers and the limitations of liability set forth in the Terms of Use reflect a reasonable and fair allocation of risk between You and PerBlue, and that the disclaimers and limitations of liability set forth in this agreement form an essential basis of the bargain between You and PerBlue. PerBlue provides Boardtastic to You with these disclaimers and limitations on liability.

Boardtastic is intended only as a Game for Devices. It should not be used while driving or operating any vehicle or other means of transportation, or used in any situation where such use could lead to death, personal injury, severe physical injury or property damage. You agree that your use of Boardtastic shall be at your sole risk. Boardtastic is provided "as is" and without any warranties of any kind.

PerBlue expressly disclaims all warranties, expressed or implied, related to Boardtastic and your use thereof, including, warranties of title, merchantability, fitness for a particular purpose or non-infringement or warranties of uninterrupted, timely, secure, or error-free use or operation.

If you purchased the Game from a third party platform (e.g. Google Play), your sole remedy is to request a refund from such platform and, consistent with its policies, the platform will refund the purchase price for Boardtastic to you. To the maximum extent permitted by law, the platform will have no warranty obligation whatsoever with respect to Boardtastic and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Boardtastic.

PerBlue does not warrant or make any representations regarding the use or the results of the use of any Boardtastic Information, terms of security, safety, correctness, accuracy, reliability, or otherwise. You assume the entire cost of and responsibility for any necessary servicing, repair, or correction related to your use of Boardtastic or download of the Game. In no event shall PerBlue or any third party platform be responsible for any such servicing, repairs or corrections. You understand and agree that you access, download, or otherwise obtain Boardtastic, or material or data through the use of Boardtastic, at your own discretion and risk.

PerBlue assumes no liability or responsibility for (a) errors, mistakes, or inaccuracies of Boardtastic; (b) any products or services listed on or purchased through Boardtastic; (c) any acts, omissions and conduct of any users, advertisers and/or other parties on or through Boardtastic; (d) any unauthorized access to or use of Boardtastic servers and/or any and all personal information or other data stored therein; (e) any interruption or cessation of transmission to or from Boardtastic; (f) any injuries physical or emotional to you or third parties related to use of Boardtastic; (g) any illegal activity in connection with Boardtastic; and (h) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Boardtastic.

PerBlue does not warrant, endorse, guarantee, or assume responsibility for any product listed or sold by a third party through Boardtastic or any hyperlinked website or featured in any advertisements.

To the maximum extent permitted by law, PerBlue expressly disclaims all liability for product defect or failure of Boardtastic or the Devices on which it is loaded, claims that are due to normal wear, Boardtastic or Device misuse, abuse, modification, improper product selection, non-compliance with any codes, or misappropriation. PerBlue makes no warranties to those defined as "Consumers" in the Federal Trade Commission's Magnuson-Moss Warranty Act.

PerBlue will not be a party to or in any way be responsible for monitoring any transactions or interactions between You and other Users or third-parties. As with use of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

5. Limitation of Liability

To the fullest extent permitted by law: in no event will PerBlue be liable for consequential, indirect, incidental, punitive, reliance, exemplary or special damages arising out of or in connection with (a) these Terms of Use; (b) the use, disclosure, display, or maintenance of Your personal information; (c) Your inability to use Boardtastic; (d) Boardtastic generally; (e) the software or systems that make Boardtastic available; (f) your failure to maintain the security of Your account login and password information; or (g) any other interactions with Boardtastic, Boardtastic Users, or third parties in connection with Boardtastic.

The limitations of liability in this section shall apply even if Boardtastic or a Boardtastic authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this Terms of Use agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.

In no event will PerBlue's aggregate liability arising out of or in connection with the Terms of Use, whether in contract, tort (including negligence, product liability or other theory), warranty or otherwise, exceed the greater of the amount paid by the Users to use Boardtastic or $50.

Your sole and exclusive remedy from any use of, or inability to use, Boardtastic, shall be for you to discontinue use of Boardtastic.

To the extent that there are claims not covered by the disclaimers, limitations of liability and indemnifications herein, PerBlue, not any third party platform, is responsible for addressing any of such claims related to Boardtastic or Your possession and/or use of Boardtastic, including but not limited to (a) product liability claims; any claim that Boardtastic fails to conform to any applicable legal or regulator requirement; and (b) claims arising under consumer protection or similar legislation.

In the event of any third party claim, not covered by the disclaimers, limitations of liability and indemnifications herein, that Boardtastic or your possession and use of Boardtastic infringes that third party's intellectual property rights, PerBlue, not any third party platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6. Indemnification

You agree to indemnify, defend at PerBlue's request, and hold harmless PerBlue, its affiliates, officers, directors, employees and agents (the "Indemnified Parties") from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, expenses and any other liabilities (including attorney's fees, litigation expenses and settlement amounts) arising from or related to (a) Your use or misuse of any Information or Boardtastic generally; (b) any violation of the rights of, or injury to, any other person or entity either directly or indirectly caused by You; (c) any breach or violation by You of the Terms of Use; (d) Your use of Boardtastic to meet another User in-person; (e) Your use of Boardtastic to locate any physical location or attend any offline event; (f) Your use of, or inability to use, Boardtastic; (g) any of Your User Submissions; Your infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (h) any acts or omissions by You as a User of the Game or as the organizer of a Game group created by You and made up of other Game Users; (i) any product listed or sold by You in connection with Boardtastic, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; (j) Your violation of any law, rule or regulation, whether local, state, federal or international; (k) any other party's access and use of Boardtastic or the Game with Your unique username, password or other appropriate security code; or (l) any negligence or willful misconduct by You. You agree not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.

7. Content Ownership

All of the content on Boardtastic including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content ("Content"), is owned by PerBlue, its licensors, vendors, agents or content providers. All elements of Boardtastic including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.

Boardtastic may only be used for the intended purpose for which Boardtastic is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth herein, the Terms of Use only allow You to display, view, play, print, and download Content for Your own personal, informational, and noncommercial purposes. Boardtastic and the Content will remain the exclusive property of PerBlue or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on Boardtastic.

Modification of the Content or use of the Content for any purpose other than specified in the Terms of Use is a violation of PerBlue's legal rights. For purposes of these Terms of Use, the use of Content on any other website or networked computer environment is prohibited unless explicitly stated otherwise.

8. User Submissions

You hereby acknowledge and agree that PerBlue does not guarantee any confidentiality or anonymity with respect to any user submissions ("User Submissions") in all User editable sections of Boardtastic, including, but not limited to, the Game, the Websites including the Forum and Guide, personal messages, chats, profiles, and bug tracking systems. You will be solely responsible for your own User Submissions. You represent and warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize PerBlue to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by Boardtastic and the Terms of Use.

You retain all of Your ownership rights in Your User Submissions. However, by submitting User Submissions to Boardtastic, You grant PerBlue a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with PerBlue (and its successors' and affiliates') businesses, including for promoting and marketing Boardtastic, the Game (and derivative works thereof) in any media formats and through any media channels or platforms now known or hereinafter invented. Such license may also be exercised on behalf of PerBlue by third parties acting on PerBlue's behalf (e.g. technology partners, service providers and independent contractors). You also grant each other User a non-exclusive license to access Your User Submissions through Boardtastic, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of Boardtastic and under these Terms of Use.

PerBlue reserves the right to remove or decline to post any User Submissions at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that the User Submissions are inappropriate or fail to comply with the Terms of Use. PERBLUE HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER, THIRD PARTY OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. PerBlue is not responsible for the back-up of any of User Submissions or any lost data resulting from the use, operation or discontinuation of any aspect of Boardtastic. You are solely responsible for maintaining back-ups of Your User Submissions and any information generated or stored through the use of Boardtastic.

PerBlue is not responsible for any User Submission posted in connection with Boardtastic. You agree not to: publish, post, distribute, or otherwise disseminate any User Submission that is libelous, defamatory, that invades privacy, or is obscene, pornographic, abusive, harassing, or otherwise unlawful or objectionable or which infringes on any intellectual property or other rights of any entity or person; threaten, harass, stalk, abuse others, or otherwise cause distress or unwanted attention to any person; engage in any unlawful purpose, or use Boardtastic in a manner that is contrary to any law or regulation; promote or encourage any illegal activity; transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of Boardtastic; impersonate another User, use another User's login, or violate the Terms of Use or the conduct agreements posted in the section labeled ‘Your Conduct’.

9. Virtual Items

Boardtastic may also include virtual, in-game digital items (“Virtual Goods”) including but not limited to virtual Credits, that may be purchased from PerBlue for valid currency. (a) Regardless of the terminology used, Virtual Goods may never be redeemed for valid currency, goods or other items of monetary value from PerBlue or any other party. (b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods in Boardtastic, you have no right or title in or to any such Virtual Goods appearing or originating in Boardtastic, or any other attributes associated with use of Boardtastic or stored within Boardtastic. (c) PerBlue has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods as it sees fit in its sole discretion, and PerBlue shall have no liability to you or anyone for the exercise of such rights. (d) Transfers of Virtual Goods are strictly prohibited except where explicitly authorized within Boardtastic. Outside of the Game, you may not buy or sell any Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Boardtastic and possible legal action. (e) You agree that all sales of Virtual Goods are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods are forfeited if your account is terminated or suspended for your violation of these Terms of Use or any other misconduct, as determined by PerBlue in PerBlue's sole and absolute discretion, or if PerBlue discontinues providing Boardtastic. (f) You agree to not dispute or charge-back any payments for purchases that have been successfully credited to your account within Boardtastic or otherwise attempt to defraud PerBlue. Should PerBlue receive notice of any payment disputes or charge-backs for successfully completed purchases which have already been credited to Your account, You agree that Your account will be temporarily suspended until the payment dispute or charge-back is canceled. If the dispute or charge-back is not canceled in time, and the funds from the purchase are reversed by the payment processor, Your account will be indefinitely suspended until You re-pay said funds to PerBlue, in addition to any Fees charged to PerBlue by the payment processor for having reversed the transaction.

10. Communications

Users who use the Boardtastic Forum or send email to PerBlue staff are required to agree to the following additional terms and conditions that govern all communications on the Forum between the User, other Users, and/or PerBlue and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Forum:

You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chat room postings, ideas, suggestions, concepts, designs, or other material ("Material") You submit to any physical PerBlue company address, to any website owned or controlled by PerBlue, or to any e-mail addresses contained in or on those web sites (each a "PerBlue Location") and that You submit in your capacity as a User, in PerBlue's sole discretion, shall be the property of PerBlue.

When You submit any Material to a PerBlue Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to PerBlue and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to PerBlue, PerBlue has the right to use the Material for as long as it wants, in any way it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You at any time. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.

You agree to treat any communication or information you receive from PerBlue, through Boardtastic posted by PerBlue, in Boardtastic in a private forum, through e-mail, or in PerBlue’s bug tracking system as confidential ("Confidential Information") and refrain from sharing it with any third parties, including other Users and PerBlue competitors. Such Confidential Information may include without limitation, previews of designs or models for the Game, software, source code, bug reports, any information provided by PerBlue to beta testers, any information in tech support e-mails, private forum messages, private messages in the Game, and marketing information.

If You do not agree to these additional terms and conditions governing communication, you should not partake in correspondence with PerBlue and should not use the Forum.

11. User Interactions

PerBlue is not responsible for Your interactions with other Users, including playing, communicating, networking, any purchase or sale of goods, and/or any other interactions between You and other Users. All such interactions made using Boardtastic should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. PerBlue bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, PerBlue is under no obligation to become involved. You release PerBlue and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, Boardtastic and PerBlue.

12. Third Party Websites

Boardtastic may contain links to third-party websites that are not owned or controlled by PerBlue. All such links are provided solely as a convenience to You. PerBlue has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. PerBlue does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the Boardtastic, You expressly relieve PerBlue from any and all liability arising from Your use of any third-party website.

The Websites also include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to the Websites, and that your use of the third party services is subject to the terms and policies of those services. In some cases, the Websites may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

13. Advertising

PerBlue has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials ("Advertisements") on or in connection with Boardtastic for its sole benefit. You will not, and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with Boardtastic.

14. Termination and Modification

Deletion. You may delete Your Boardtastic account at any time, for any reason. Email PerBlue at legal@perblue.com, subject: Delete my Boardtastic account.

Termination. PerBlue may suspend or terminate Your account or Your use of Boardtastic at any time, without notice, for any reason or for no reason. If Your Boardtastic account is suspended or terminated, PerBlue also reserves the right to suspend or terminate Your use or access to any other PerBlue product. We may also block Your access to Boardtastic or any other PerBlue product in the event that: (a) You breach the Terms of Use; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, Our Users, and/ or PerBlue. PerBlue also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.

Effects of Termination. Upon any such termination, Your rights to access and use Boardtastic shall automatically terminate. PerBlue has no obligation to delete, remove, or retain Your User Submissions or any Virtual Items, and they may remain active on Boardtastic. In addition, even if User Submissions or Virtual Items are deleted from active display on Boardtastic, they may be recorded and saved by PerBlue in its archives.

Modification. PerBlue may at any time modify the Game or Websites, any characters in the Game or Websites, or any physical characteristics of the Game or Websites at any time for any reason (or no reason) and without notice to You.

15. Digital Millennium Copyright Act

PerBlue respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information: PerBlue's designated Copyright Agent to receive notifications of claimed infringement is: Justin Beck legal@perblue.com or mail to PO Box 46293, Madison, WI 53744. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.

We may give notice to Our Users of any infringement notice by means of a general notice on any of Our Websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:

16. Your Representations and Warranties

You represent and warrant that: (a) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (b) if necessary You have the written consent of each and every identifiable natural person in the User Submission to use such person's name and/or likeness in the manner contemplated by Boardtastic and the Terms of Use, and each such person has released You from any liability that may arise in relation to such use; (c) You have read, understood, agree with, and will abide by the terms of the Terms of Use; (d) the User Submission and PerBlue's use thereof as contemplated by these Terms of Use, including on and in Boardtastic, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; (e) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (f) You are not listed on any U.S. Government list of prohibited or restricted parties.

17. General

The Terms of Use will be governed by the laws of the State of Wisconsin, without reference to its choice of laws. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Dane County, Wisconsin. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. PerBlue may assign its rights and delegate its duties under this Agreement in their entirety at any time, including in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement.

Nothing in this Agreement shall constitute a partnership or joint venture between You and PerBlue. PerBlue does not guarantee continuous, uninterrupted or secure access to Boardtastic, and use of Boardtastic may be interfered with by numerous factors outside of Our control. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 4 (Disclaimers); 5 (Limitation of Liability); 6 (Indemnification); 7 (Content Ownership); 8 (User Submissions); 12 (User Interactions); 12 (Third Party Websites), 14 (Termination), 16 (Your Representations and Warranties), and 17 (General) shall survive any termination or expiration of this Agreement. Additionally any provision that was, by its nature, intended to survive termination of the Terms of Use will so survive. If any provision of the Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

19. Third Party Beneficiary

You and PerBlue acknowledge and agree that any platform, and their subsidiaries are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, such platform will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary of the Terms of Use.


Privacy Policy


This Privacy Policy describes the privacy policies and practices of PerBlue, Inc (“PerBlue”) regarding its action game, Boardtastic Skateboarding (“Game”), and all associated PerBlue products and services provided at http://www.boardtastic.com or http://www.perblue.com however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”), collectively referred to as "Boardtastic" in this Policy.

We will refer to subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe to (collectively, "use" or "using") Boardtastic as “Users” and “User”, “You” or “Your” throughout this policy.

Most of our Users will use Boardtastic as it was intended — a harmless way for friends and strangers to play together. Please take care with how you play Boardtastic, and how you manage your information and communications on Boardtastic.

Please be aware that any profile, personally identifiable information that you voluntarily disclose on any public forum on our Websites or through any action including but not limited to messaging within our Game, is publicly available and can be read, collected, or used by others, and could be used to send you unsolicited messages. PerBlue is not responsible for any third party use of User profiles, personally identifiable information, or any other identifying information that you choose to disclose publicly using Boardtastic.

This Privacy Policy is incorporated into and is subject to the Terms of Use Agreement. Your use of Boardtastic and any personally identifiable information you provide in using Boardtastic is subject to the terms of this Privacy Policy and the Terms of Use Agreement.

1. Information PerBlue Collects

Users must create a unique account name and may need to provide all or some of the following: his or her name, Facebook data, Facebook ID, age, email address, phone number, and password to PerBlue to activate an account for use in Boardtastic (collectively, “Personal Information”).

When you play our Game, we collect certain types of technical information about your device running Google Android, computer, tablet, or any other method used to access and operate Boardtastic (“Device”), including but not limited to unique device ID, device type, carrier, location, default device language, and platform (collectively, “Device Information”).

PerBlue may collect additional information about Users from third parties that you have agreed may be shared by those third parties, including without limitation Facebook, advertising networks, surveys, and other data collectors. Except where we have obtained your express consent, PerBlue only shares Personal Information with third parties to the extent expressly allowed by the User.

A User’s Personal Information, Device Information will be retained for each User for as long as PerBlue’s business needs require as determined at PerBlue’s sole discretion, unless the User contacts PerBlue and requests to have his or her Personal Information and/or Device Information deleted in accordance with the procedure outlined in the section titled “How to Delete Information Obtained by PerBlue.”

PerBlue may use data collected from you, after removing any data that identifies any specific User from Personal Information and Device Information and combine such remaining data to create “Aggregate Information.” Such anonymous Aggregate Information is not personally identifiable and is not Personal Information or Device Information.

Playing the Game may require the use of a device running Google Android. If you want to receive SMS text notifications from Boardtastic, a messaging (including SMS text messages) plan is also required. Standard data and messaging charges, fees, and taxes from the User’s carrier apply to any SMS text notifications you receive from Boardtastic.

To use Boardtastic, the User must consent to: (a) the receiving of text messages; and (b) pay carrier data, messaging, and other fees resulting from Boardtastic use.

2. Information PerBlue Collects from Visits

When Users and others visit our Websites, PerBlue collects the visitor’s IP address (the unique set of numbers used to identify the visitor’s computer), and his or her registered domain or home server. When Users use Boardtastic, including the Game, Websites including the Forum, or bug tracking system, PerBlue’s servers automatically record certain information about their usage from their mobile device and/or web browser. These server logs may include information such as a Device identification number and Device identifier, web requests, Internet Protocol address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the number of messages related to the User’s profile, the amount of time spent on particular web pages, and the dates and times of requests. PerBlue, its contractors and other third parties that help PerBlue provide Boardtastic and the Websites (“PerBlue’s agents”) may use “cookies” to improve visitors’ experience at the Website.

If a visitor requests information by sending PerBlue an email or accesses the Game, PerBlue may save the visitor’s e-mail address and any other information that the visitor or User provides. This information may be used by PerBlue to provide services or products the visitor requests and to contact the visitor in the future by mail, by e-mail, or by phone to convey information about PerBlue's services. Such information also allows PerBlue to respond to visitors’ inquiries concerning career opportunities at PerBlue. Visitors will always be provided with the option not to be contacted or to unsubscribe if they register with the site.

3. How to Delete Information Obtained by PerBlue.

A User may have his or her Personal Information and Device Information deleted by emailing legal@perblue.com with the Memo Title: Delete User Information from the email address used to create the account. This will result in the account being deleted.

4. How Information Is Secured.

PerBlue uses a variety of physical, technical, and procedural safeguards to guard against loss, misuse, and alteration of Personal Information and Device Information. For example, Information transmitted from mobile devices to PerBlue is encrypted; access to Personal Information is limited to PerBlue and contractor personnel who need the information for Boardtastic; and PerBlue uses and requires its contractors to use technical measures to guard against unauthorized access to Personal Information. PerBlue also requires Users to use usernames and passwords to access Personal Information. PerBlue cannot, however, guarantee the security of any Personal Information, Device Information, or information collected from the Websites or other correspondence including e-mail. Despite PerBlue’s efforts to secure such information, it may be accessed, disclosed, altered, or destroyed by a breach of PerBlue’s physical, technical, and procedural safeguards. Users use Boardtastic and visitors go to the Websites at their own risk. If PerBlue learns that a User’s Personal Information, or Device Information has been disclosed to an unauthorized person, PerBlue will attempt to notify the User.

5. How PerBlue Uses Users’ and Websites Visitors’ Information.

PerBlue uses each User’s Personal Information and Device Information to provide Boardtastic to the User. Providing Boardtastic to the User may include the following uses of Personal Information, and Device Information: PerBlue does not use Personal Information to send commercial or marketing SMS text messages or email messages to Users without their express consent, unless they have opted-in to be part of a specific program or feature in accordance with the applicable Boardtastic consent procedures.

You acknowledge and agree that PerBlue may share Personal Information, Device Information, and information collected from the Websites with PerBlue’s agents, corporate affiliates, or advisors who help PerBlue operate and improve its business. PerBlue has entered into or will enter into written agreements with its agents, corporate affiliates, and advisors to which it discloses Personal Information, Device Information, and information collected from the Websites that requires them to adhere to pertinent provisions of this Privacy Policy and the Safe Harbor Principles issued by the U.S. Department of Commerce, which are available at http://export.gov/safeharbor/. PerBlue also prohibits its agents, corporate affiliates, and advisors from using any information disclosed to them by PerBlue for purposes other than implementing PerBlue’s instructions.

PerBlue may use Aggregate Data to analyze how Users use Boardtastic to determine ways in which PerBlue can improve Boardtastic and to consider offering new services to Users. PerBlue may also use information collected from the Websites to analyze traffic to the Websites to determine how to improve them.

PerBlue may use or disclose Personal Information, Device Information, and information collected through e-mail or from the Websites: to comply with applicable laws; to protect the rights and property of PerBlue or others; to protect a person’s safety; to prevent abuse; as evidence in legal proceedings; to cooperate with properly authorized law enforcement investigations; and in response to subpoenas from third parties. If permitted by law, PerBlue will use good faith efforts to promptly notify a User of any subpoena that seeks any of the User’s Personal Information or Device Information to enable the User to seek to quash the subpoena.

PerBlue may disclose or sell Personal Information, Device Information, and information collected from the Websites as an asset in conjunction with the sale of PerBlue to a third party or in conjunction with the sale of a portion of PerBlue’s assets.

PerBlue may allow Users the option to Earn Credits via an “offer wall” accessible from a More Games or Get Credits screen in Boardtastic. Upon selecting the Earn Credits option, a third party advertiser’s offer wall will appear, displaying offers that Users may complete in exchange for various amounts Credits in Boardtastic. Clicking or tapping on an offer from the offer wall will take the User outside of the Game and third party privacy policy or terms of service will apply. To facilitate distribution of the appropriate Earn Credits reward to Users for completing third party offers, we share non-personally identifiable information, and most often the User’s Device ID with the third party.

6. Children’s Information

PerBlue recognizes the importance of protecting the privacy of children. Consistent with the Children’s Online Privacy Protection Act, PerBlue will not knowingly collect any Personal Information or Device Information from anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS Boardtastic AT ANY TIME OR IN ANY MANNER. If PerBlue learns that Personal Information of persons less than 13-years-of-age has been collected through Boardtastic without verifiable parental consent, then PerBlue will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 18 has obtained a Boardtastic account against your wishes or without your consent, then you may alert PerBlue at legal@perblue.com and request that PerBlue delete that child's Device Information, Personal Information, and account from its systems.

7. Information Collected by Others

This Privacy Policy addresses only the policy and procedures of PerBlue. PerBlue is not responsible for the privacy policies of third parties, including but not limited to those whose websites may be linked to the PerBlue’s Websites.

8. Use Outside the United States

Boardtastic is hosted in the United States. Users who use Boardtastic from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.

9. Enforcement

If a User believes that his or her rights as described in this Privacy Policy have been violated by PerBlue, the User should email legal@perblue.com or send a letter to PerBlue, PO Box 46293, Madison, WI 53744. PerBlue will attempt to resolve User complaints as quickly as possible.

10. Amendments to this Privacy Policy

PerBlue reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Privacy Policy, in whole or in part, at any time. PerBlue will include such amendments on the version of this Policy that is posted on PerBlue’s Websites. Amendments to the Policy will take effect immediately upon being posted to the Websites. It is your responsibility to check the Privacy Policy periodically for changes. User’s continued use of Boardtastic after PerBlue posts an amendment constitutes User’s acceptance of and consent to such amendment.

11. Contact Us

For more information about our Privacy Policy and practices, e-mail us at legal@perblue.com. By using Boardtastic, the User acknowledges that he or she has read and accepted this Privacy Policy. If you do not accept this Privacy Policy, please do not use Boardtastic or visit the Websites.

12. Bankruptcy, Merger or Acquisition

In the event that PerBlue is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control so that PerBlue can continue operations. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how Users’ Personal Information and Device Information is treated, transferred, or used. Users will be notified via notice through PerBlue of any such change in ownership or control of their Personal Information and Device Information.

13. Effective Date, Date Last Modified

PerBlue Privacy Policy effective as of December 1, 2012.