Terms of Service (“TOS”)
Effective Date: April 14, 2021.
These terms of service (“TOS”) apply to you and Seccy Goose, LLC, (“SeccyGoose”) regarding your use of SeccyGoose’s games, software, websites, related services (“Services“) including SeccyGoose operated forums and discussion services. Use of the Services is also governed by SeccyGoose’s Privacy Notice available at https://www.seccygoose.com/privacy-policy/ which is incorporated by reference.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
Services may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking site (“SNS“), such as Facebook or Twitter, you agree to comply with its terms of service as well as these TOS.
SeccyGoose may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Services is subject to such relevant policies and these TOS.
1. Right to Use the Services
Subject to these TOS, SeccyGoose hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. SeccyGoose retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, moral rights, whether registered or not and all applications thereof.
SeccyGoose retains all right, title and interest in, artwork, sound effects, musical works also excepting where such items are licensed independently. For example, SeccyGoose does not claim any exclusive rights to a sound effect that is licensed as Creative Commons. In the case such licensed media is used, it will be documented in the “about”, “credits” or similarly titled section of the product where it is used.
SeccyGoose recognizes your right to make gameplay videos or publish reviews under Fair Use / Fair Dealing laws. Such media should not contain any material that violates our Code of Conduct. Such media must not make any false claims of ownership of intellectual property. Such media must in no way infer support by SeccyGoose for your brand, your channel, or any other product or opinion unless specifically agreed to by SeccyGoose prior to publication.
Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without SeccyGoose’s prior written consent. SeccyGoose reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from SeccyGoose or third parties.
2. Purchases in the Services
SeccyGoose may license to you certain virtual goods to be used within the Service and which you may purchase with “real world” money or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
SeccyGoose may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Price and availability of Virtual Items are subject to change without notice.
All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancellation once the process has commenced.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money.
If you ask for your personal data to be deleted as described in SeccyGoose’s Privacy Notice, SeccyGoose will no longer be able to associate any virtual items with you. As such, you are notified that should you request to delete your personal data you permanently forfeit all of your Virtual Items without the right to refund.
SeccyGoose is not liable for loss of your Virtual Items due to hacking.
SeccyGoose retains the right to delete, revoke, or suspend your virtual items should we conclude they were obtained by fraudulent means or violations of the code of conduct (e.g. “cheating”).
3. Code of Conduct
You agree that you will not, under any circumstances:
- Use SeccyGoose services, forums, or intellectual property to create or promote violence, discriminatory harassment, or hateful content based on race, ethnicity, national origin, caste, sexual orientation, gender, gender identity (or lack thereof), religious affiliation, age, disability, disease, or other factor.
- Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
- Use the Services in violation of any applicable law or regulation.
- Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
- Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
- Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by SeccyGoose, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
- Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
- Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including SeccyGoose employees, directors, officers, and customer service representatives.
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a SeccyGoose employee, director or officer.
- Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by SeccyGoose, or to obtain any information from the Services using any method not expressly permitted by SeccyGoose.
- Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
- Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
- Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment.
- Promote, encourage or take part in any prohibited activity described above.
The terms “person” and “persons” shall be taken to include virtual personalities (for example, a vtuber ) and any other non-human that is capable of intelligently operating this service.
4. Third-Party Services
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which SeccyGoose is not a party.
Some SeccyGoose games may give you the option of playing on servers not owned or controlled by SeccyGoose. SeccyGoose does not control those services and is not responsible for your use on or through them. These third-party services may subject you to additional or different terms and restrictions.
SeccyGoose website and/or games may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. SeccyGoose does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
5. Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases.
SeccyGoose reserves the right to delete any Account with a lack off activity (“idle account”) for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
6. User Contributions
The Services may allow you to create content, collectively termed “User Contributions”.
In exchange for use of the Services, you hereby grant SeccyGoose a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to SeccyGoose’s and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to SeccyGoose, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
7. Communications between Users of the Services
SeccyGoose assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Your use of the Services is at your own risk.
SeccyGoose may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
SeccyGoose reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time SeccyGoose chooses, at its sole discretion, to monitor the Services, SeccyGoose nonetheless assumes no responsibility for content made available by users of the Services, and SeccyGoose assumes no obligation to modify or remove any inappropriate content.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values.
9. Suspension and Termination
If you are found in breach of this agreement by SeccyGoose, SeccyGoose reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you.
10. Availability of the Services
SeccyGoose may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if SeccyGoose believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, not acting in accordance with the letter or spirit of these TOS, or for any other reason.
SeccyGoose reserves the right to stop offering and/or supporting the Services or a part thereof (such as a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, SeccyGoose does not have to provide refunds for Virtual Items or other items in connection with such discontinued Services.
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. SeccyGoose does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. SeccyGoose does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No advice provided by SeccyGoose, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
12. Limitations of Liability
In no way will SeccyGoose be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not SeccyGoose has been advised of the possibility of such damages. For purposes of Article 12 “Limitations of Liability,” SeccyGoose’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
In no way will SeccyGoose’s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items; or (ii) one hundred dollars USD ($100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between SeccyGoose and you.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold SeccyGoose (and SeccyGoose’s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
13. Copyright and DMCA
If you believe the Services or any of its content infringes your copyrights, please send email to: abuse[AT]seccygoose.com.
Please include all of the following in your DMCA notice:
- Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
- Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable SeccyGoose to locate the material.
- Provide your full legal name, mailing address, telephone number, and (if available) email address.
Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to SeccyGoose.
14. Links to Third-party Products and Services
SeccyGoose may link to third-party websites or services from the Services.
You understand that SeccyGoose does not make any promises regarding any content, goods or services provided by such third parties and does not endorse them.
SeccyGoose’s policies do not apply and cannot be enforced regarding your interaction with 3rd parties.
15. Changes to these TOS
SeccyGoose may update these TOS from time to time in response to changing legal, technical or business developments. SeccyGoose will take appropriate measures to inform you of such updates via the Services or otherwise, in accordance with the significance of the changes. It is your responsibility to regularly review this agreement and to cease using the services if you are not comfortable with or otherwise decline to agree to the most current terms of the agreement.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
16. Governing Law
If you are a resident outside the United States, you agree that all disputes between you and SeccyGoose shall be governed by the laws of the United States, regardless of conflict of law provisions. You agree that any claim or dispute you may file against SeccyGoose must be resolved exclusively by a court located in North Carolina, United States.
If the jurisdiction of your domicile prohibits SeccyGoose from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
17. Assignment, Severability and Entire Agreement
SeccyGoose may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice without SeccyGoose’s prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. SeccyGoose’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
This TOS and Privacy Notice set out the entire agreement between you and SeccyGoose regarding the Services and supersede all earlier agreements and understandings between you and SeccyGoose.
Any failure by SeccyGoose to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of SeccyGoose.
If you have any questions about these TOS, please contact contact[AT]seccygoose.com.
ALL SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OF THE SOFTWARE.