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
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”).
You may receive a copy of this Agreement by emailing us at: email@example.com
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.
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 firstname.lastname@example.org
, subject: Delete my child's account.
3. Your Conduct
You agree NOT to:
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Game in any form of client or server, including code in any and all programming languages;
- modify or attempt to modify or in any way tamper with the Game;
- block any advertising in connection with Boardtastic;
- copy or clone the Game
- use profanity in any communications with other Users in all available channels supported in relationship to Boardtastic including chats, personal messages, status messages, profile pictures, and player bios;
- include any sexually explicit text, picture, or other material or language including references to sexually explicit material in any communication to other Users in all available channels supported in relationship to Boardtastic including chats, personal messages, status messages, profile pictures, and player bio;
- include any personally identifiable information in your user ID or Game alias;
- use the Game to find the location of any other User other than for purposes of playing the Game;
- stalk, harass or threaten other Users;
- physically or emotionally harm other Users;
- commit any illegal action through use of the Game;
- sell items, user accounts, or access to user accounts or Game content for valid currency or items of monetary value;
- share or allow others to use Your account. You are responsible for maintaining the security of Your account, including, but not limited to, login information, password, e-mail, and all activity that occurs on Your account, including, but not limited to, Credits purchases, item drops, messages, and chats;
- transfer an account to any other person or entity for any reason including in the event of death or any disability;
- maintain more than one account;
- reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempt to impersonate any other party whether a person or entity;
- create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
- trick, defraud or mislead PerBlue or other Users, especially in any attempt to learn sensitive account information such as passwords and login information;
- take advantage of any glitch or bug in Boardtastic, especially in any attempt to gain monetary value or learn sensitive account information of other Users;
- make improper use of PerBlue’s support services or submit false reports of abuse or misconduct;
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
- disparage, tarnish, or otherwise harm, in PerBlue's opinion, Boardtastic and/or PerBlue including its owners and employees;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- interfere with or circumvent any security feature of Boardtastic or any feature that restricts or enforces limitations on use of or access to Boardtastic or User Submissions;
- engage in cheating or any other activity deemed by PerBlue to be in conflict with the spirit or intent of Boardtastic.
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
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.
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.
8. User Submissions
9. Virtual Items
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.
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
You may delete Your Boardtastic account at any time, for any reason. Email PerBlue at email@example.com
, subject: Delete my Boardtastic account.
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.
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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PerBlue's designated Copyright Agent to receive notifications of claimed infringement is: Justin Beck firstname.lastname@example.org
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:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
16. Your Representations and Warranties
19. Third Party Beneficiary
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.
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 email@example.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:
- Display of your actions, messages, and chat contributions to other Users.
- Use of Users’ e-mail address or mobile number from time-to-time for marketing and administrative purposes such as sending privacy or security related notices, notifying Users of major Boardtastic changes, or for other User service purposes.
- Use of Personal Information and Device Information for analytical purposes.
- With your express consent, use of User’s Personal Information and Device Information to target advertising to you.
- With your express consent, provision of User’s Personal Information and Device Information to third parties for analytical and advertising purposes.
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.
. 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.
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 firstname.lastname@example.org
and request that PerBlue delete that child's Device Information, Personal Information, and account from its systems.
7. Information Collected by Others
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.
or send a letter to PerBlue, PO Box 46293, Madison, WI 53744. PerBlue will attempt to resolve User complaints as quickly as possible.
11. Contact Us
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