Last updated: 12-05-2022
The Unity Struckd App, operated by Unity Technologies SF, an entity duly organized and existing under the laws of the state of California (together with its affiliates and subsidiaries, “Unity”), is dedicated to providing entertainment through a next generation gaming platform where people from all over the world come together to create, share and play games. In the present document, the provider of the Unity Struckd App (the “App”) will be referred to as “Unity”, “we”, “us” and the associated pronouns. The users of the Services (as defined below) are referred to as “Users”, “you” and associated pronouns.
The terms of use (“Terms”) are constituted by:
The Terms apply to the services provided by Unity for the following platform and services (“Services”):
Please be aware that the content generated within the App will be shared and may be made available for copying, and, as a consequence we need a license from you to share this content. The intellectual property section below address this question with more details.
1.1. Scope of the Agreement
The Terms constitute a legally binding agreement between you and us concerning the use of the Services.
1.2. Binding Agreement
You declare being legally of age and have the power to enter into a binding agreement or acting under the caur legal representative (such as a parent or guardian) to enter into an agreement. If you are considered a minor in your country, you must have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
Acceptance of the Terms is a required condition for the use of the Services. By using or visiting any of our Services, you signify your agreement to these Terms. If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
1.3. Updates and Enforceability
The last version of the Terms available on http://struckd.com/terms-of-service is the enforceable version of our agreement. We may modify the Terms at any time, without prior notice and such changes will be effective from the date of their publication (unless otherwise provided). We will also update the “Last updated” date at the top of these Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
2.1. Use
The Services allow you different functionalities, which may evolve through times or be discarded. You warrant and undertake:
Any infringement to these Terms shall result in suspension or termination of your Account.
2.2. Your Account
On the App, either you create an account with a username, or an account associated with your device is automatically created (the “Account”). Unless you are considered a minor in your own country, we recommend the creation of an Account, as automatic Accounts might not be portable from one device to another.
You agree to provide us accurate information that you will keep up to date at all times. Your Account is personal and shall not be shared with third parties.
If you have any reason to believe that the security of your Account could be compromised, e.g. your Account information has been shared, or your device stolen, you must notify us at legal@unity3d.com and provide us a description of the case, so that we are able to suspend/delete the associated account.
Please remember that passwords or any information shall never be shared, and if another user would be requesting such information, we ask you to report this user by using the User/Game button on the profile page.
Any reported case will be subject to investigation, we may contact you to obtain more information or verify some data.
2.3. Compliance with Laws
You are the sole responsible to assess if the use of the Services according to the Terms is compliant with laws applicable to you, and you must use the Services only in a way compliant with such laws. For export control compliance, please note that you are not allowed to directly or indirectly export, re-export, or transfer the Service / or permit use of the Services to prohibited countries or individuals. At the date of entry into force of the Terms, prohibited countries include Cuba, Iran, North Korea and Syria, nevertheless, this list also includes any countries to be under embargo under any applicable export control regulation.
In addition, third party services that may be accessed from, displayed on or linked to through your use of the Services may be not available / appropriate / compliant in all languages or in all countries. To the extent you choose to access third parties’ services displayed through, linked to, or accessed from the Services, be aware that you do so at your own initiative and you are solely responsible to assess the compliance with any applicable laws.
2.4. Disclaimer
As the App allows users to share content, you understand that when using the Services, you might be exposed to content from a variety of sources and acknowledge that such content may be unadapted, offensive, immoral, or questionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Unity with respect to hosted content. Nevertheless, we aimed to make our platform a safe and nice place, please report such content to legal@unity3d.com for further investigation.
2.5. Fees for Third-Parties’ Services and Telecommunications
Links available through your use of the Services may redirect to third parties’ services, such services may be subject to additional fees, either directly or through your carrier (e.g., premium numbers). Third-parties’ terms as well as your carrier terms and conditions shall apply. We have no control on such third parties’ services and as such, shall not be held responsible for any fees.
3.1. Changes or Discontinuance of the Services
We endeavor to provide you with a reliable App and available Services. Nevertheless, the Services are provided AS IS, and we do not guarantee either continuity or availability of the Services, as such as we reserve the right to modify any of the Services, including discarding some functionalities. Any Service may be suspended for any reason, e.g., maintenance, we endeavor to notify you if and to the extent practicable. We are not liable for loss of data of any kind (including but not limited to games, content created by user…).
3.2. Third-party Services
For the exchange of data with third parties, please refer to the Privacy Policy https://struckd.com/privacy-policy/
The Services rely on the provision of third-party services (such as hosting, technical tools, etc.), or to share contents (e.g., Twitter or Facebook). These Services are not under our control, and we shall not be held responsible for any third-party service’s use of your exported information, content provided, or compliance with applicable laws of such services. When links to third parties’ websites are provided within the Services, we shall not be held responsible for their content. Nevertheless, we will endeavor to keep the Services a safe and nice place, please report any link you see as inappropriate at legal@unity3d.com.
3.3. Intellectual Property Provided by Users
We only hold liability as a hosting provider and are under no obligation to edit or control content provided by the users. We shall not be deemed liable for any damages associated with such content.
If you are in breach of these Terms or infringement of the applicable laws, we may suspend or terminate your Account / access to the Services, depending on the severity of the misconduct.
In addition, we may remove your content from the Services, at any time, if such content infringes any intellectual property rights, applicable law, or is offensive.
we shall not be liable in any way as a result of any suspension, termination and/or content removal.
In case we had to act in such way, you may obtain more information on the reasons by contacting us at legal@unity3d.com.
5.1. Use of the Services
The Services as such are and remain the ownership of the App, which include in particular: graphics, texts, visual interfaces, source code, API, database… You are granted a non-exclusive, royalty-free, until termination of your Account or duration of availability of the content (whichever the shorter), worldwide license of use, including right of display and reproduce on digital supports, publicly perform, for the inherent purposes of the Services (visiting our website, playing games or create games).
5.2. Content Available for Creation
You are granted a non-exclusive, royalty-free, until termination of your Account or duration of availability of the content / templates (whichever the shorter), worldwide license of use, including right of display and reproduce on digital supports, publicly perform, create derivatives, for the purpose of using this content or derivatives within the Services.
If certain content or template is accompanied by a specific license, the terms of this license shall prevail on this article. You are not allowed to use any content or template as such, or to create derivative other than in the context of the Services (i.e., creation of further shared content or games).
For example:
5.3. License on your Creations
(i) The Services allow you to create derivative based on content available on the App, add content (e.g., title of your game), and potentially make your content available for copying, modification, and distribution by other users within the App.
(ii) Please be aware that we may, at any time and without prior notice, screen, remove, edit, or block any content provided by users that in our sole judgment violates these Terms or is otherwise objectionable (offensive, immoral, illegal…). If you notice such content, please notify us at legal@unity3d.com.
When notified by a user or rights’ holder that content does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether or not to remove the content. The procedure for intellectual property rights infringement is described in the following article.
(iii) You retain all rights on your creations, but in consideration of the use of the Services by you and other users, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty- free right, sublicensable license to host, store, transfer, publicly display, publicly perform (including by means of digital transmissions and on a through-to-the-audience basis), reproduce, modify, adapt (including timed synchronization to visual images), create derivative works of, distribute, and use in any way the content that you provide, in whole or in part, including modifications and derivative works, in any media or formats (tangible or intangible) and through any media, items or channels (online, offline, or others, now known or hereafter developed), including for marketing purposes.
(iv) Concerning marketing purposes, your content shall only be represented as a part of the App, and not represented in itself.
For example: a TV-spot represents an example of game developed through the App, including content provided by different users. We endeavor to indicate the name of these users in any medium associated with the marketing content.
(v) Representations and warranties
You are solely responsible for the content you submit and you represent and warrant that:
You must not submit any content if you are not the owner of or are not fully authorized to grant rights in any of the elements of the content you intend to provide. Any breach of this article may result in legal action instigated by us, as well as suspension or termination of your Account.
5.4. Allow Copy
(i) By submitting your content to the App, your content will be subject to the “Allow Copy” feature described in this Section. As the content creator, you have the option to disable the feature by turning it off prior to each submission of your content.
(ii) By choosing not to disable the “Allow Copy” feature, you agree to grant other App users a non-exclusive, irrevocable, perpetual, worldwide, royalty-free right to copy, modify, distribute, and otherwise make use of your content. Please note that once your content becomes subject to the “Allow Copy” feature, it cannot be removed from the App, even after the entire deletion of your Account.
(iii) All derivative works of a copied content can only be shared, published, displayed, and otherwise distributed within the App. Any kind of exploitation outside of the App is prohibited.
(iv) The “Allow Copy” feature is not available for the content created by a user who is considered a minor in his/her country. Nevertheless, a minor can still copy the content created by adult users.
5.5. Procedure in Case of Infringement
(i) Notice. Intellectual property rights shall be respected. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your intellectual property rights, you may submit a written notification by contacting us at legal@unity3d.com.The notification shall provide the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
(c) A description of the material that you claim is infringing and where it is located;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that, you are the copyright or intellectual property owner or authorized to act on the copyright or intel- lectual property owner’s behalf.
(ii) Counter-notice. Following content removal, if you believe that the said content is not infringing (this is your creation or you are granted sufficient rights), you may send a counter-notice to us at legal@unity3d.com, with sufficient elements and documentation to allow us to assess the rights on the removed content. When we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole assessment and discretion.
(iii) Repeat infringer policy. Our intellectual property policy is to: (i) remove content that we believe in good faith, upon notice as described above, is infringing the intellectual property rights of a third party by being made available through the Services; and (ii) in appropriate circumstances, to terminate the Account of any user who repeatedly infringes copyrights or other intellectual property rights. We reserve the right to implement a stay-down mechanism.
6.1. What is Struckd Coin
Struckd Coin is digitally represented in the App as virtual tokens that can be used and transferred between you and other users to enhance your experience within the App, including without limitations, getting access to additional features, unlocking access to certain experience within the App, and/or acquiring additional assets from other users.
You recognize and acknowledge that Struckd Coin is not currency or any type of currency substitute or financial instrument. Unless otherwise provided by Terms, the Struckd Coin cannot be used to, and we are not under the obligation to redeem the Struckd Coin for fiat currency or anything else of value.
6.2. How to Get Struckd Coin
If you are at or at least the age of 18, you may purchase Struckd Coin from our service provider partner, Tilia LLC (“Tilia”) via the in-application payment processing services of your device. Please note that Struckd Coin is issued and managed by Tilia under the Tilia LLC User Terms of Service and Privacy Policy (“collectively, Tilia TOS”). Before your purchase and use of Struckd Coin, please make sure that you have read and agreed to this Terms as well as the Tilia TOS.
6.3. Struckd Coin is Non-Refundable
All payments for Struckd Coin are final and not refundable, except as required by law or otherwise permitted under the Tilia TOS. Any purchase, sale or distribution of Struckd Coin outside of the App and not expressly set out in this Terms will be void and considered as a violation of this Terms. We do not take any responsibility with regards to any third-party services that claim to allow use or trade of Struckd Coin outside of the App.
6.4. How to use Struckd Coin
There are two ways for you to acquire Struckd Coin (i) from Tilia through your in-application purchase, or (ii) from other users through the transactions within the App. By spending the Struckd Coin you acquired, you may (i) acquire additional digital assets from other users for the games they created, or (ii) acquire additional digital assets or unlock certain experience from us.
Note that spending Struckd Coin is solely for your personal entertainment and does not create any legally enforceable contract between you and us or between you and other users. There is no enforceable legal right you would acquire from spending or trading Struckd Coin within the App.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNITY AND ITS AFFILIATES, EACH DISCLAIM ANY AND ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE SERVICES AND THE SERVICES ASSETS, INCLUDING BETA SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES, SERVICES ASSETS, AND ALL INFORMATION, CONTENT AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. UNITY DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT ANY PART OF THE SERVICES OR SERVICES ASSETS ARE ACCURATE, COMPLETE, RELIABLE OR CURRENT OR THAT THE OPERATION OF ANY PART OF THE SERVICES OR SERVICES ASSETS WILL PERFORM UNINTERRUPTED OR ERROR FREE OR AT ALL. UNITY DOES NOT WARRANT OR GUARANTEE THE UPTIME OF SERVICES OR RESULTS OF USE OF THE SERVICES OR SERVICES ASSETS AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT YOU WILL EARN ANY PARTICULAR AMOUNTS (OR ANY AMOUNTS AT ALL), THAT UNITY WILL OPTIMIZE ANY KEY PERFORMANCE INDICATOR, OR ANY OTHER PARTICULAR BENEFITS WILL BE OBTAINED THROUGH THE USE OF THE SERVICES OR SERVICES ASSETS. FOR THE AVOIDANCE OF DOUBT, UNITY AND ITS AFFILIATES EACH DISCLAIM ANY AND ALL LIABILITY ASSOCIATED WITH UNITY’S OR ITS AFFILIATES’ INABILITY TO PERFORM TRANSACTIONS OR OTHERWISE PROVIDE THE SERVICES DURING ANY SERVER, SYSTEM, SITE, OR SERVICE OUTAGE (INCLUDING AS A RESULT OF ANY DENIAL OF SERVICE OR OTHER CYBER-ATTACK), AND YOU ACKNOWLEDGE AND AGREE THAT NO SUCH OUTAGE WILL EXCUSE OR SERVE AS A BASIS FOR REDUCTION OF ANY FEES OR PAYMENTS DUE FROM YOU TO UNITY HEREUNDER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, THE “UNITY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF GOODWILL OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE SERVICES OR SERVICES ASSETS, EVEN IF UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. THE UNITY PARTIES’ AGGREGATE LIABILITY IN RESPECT OF ALL LOSSES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OF THE SERVICES OR SERVICES ASSETS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) USD.
9.1. These Terms and relationship between the parties will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to or application of conflict of laws rules or principles and regardless of your location. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
9.2. Except as set forth below, any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration.
9.3. The parties agree that all disputes must be arbitrated in the City and County of San Francisco, California State of California, United States of America before the American Arbitration Association (“AAA”) and under the AAA’s Commercial Arbitration Rules. The arbitration shall be conducted by one (1) arbitrator in English. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND UNITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.4. Notwithstanding the parties’ ability to resolve all disputes through arbitration, we may bring an action in court (1) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief, or (2) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages). If you reside (or your principal place of business is) within the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue the state and federal courts located in the City and County of San Francisco, California. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Notices to you will be sent by email to the address you provide Unity. Notices to Unity will be sent by email; provided, however, that any notice to Unity concerning termination, breach, indemnification or any other legal concern (collectively, “Legal Notice”) will be made in writing and delivered by hand delivery, or by internationally recognized overnight courier service, or by prepaid, certified U.S. mail return receipt requested to: Unity Technologies, 30 3rd Street, San Francisco, CA 94103, USA, Attn: Legal Department. Notices will be effective upon receipt; provided that notices sent by email will be effective as of the email date absent receipt by the sender of a bounce back or error message, and provided further that Legal Notices to Unity will be effective only if made and delivered in the manner expressly set forth above.
To the extent that you are using the Application on an iOS device, you further acknowledge and agree to the terms of this Section 10. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Services or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Ser- vice. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation what- soever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject toa U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Complaints. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.
13.1. Entire Agreement.
These Terms, together with the other documents expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and us regarding your use of the Services
13.2. Assignment.
You may not assign or transfer your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time to any entity without notice or consent. This agreement is binding on and inures to the benefit of our respective heirs, successors and assigns.
13.3. Severability.
If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, or, if it cannot legally be given any effect, will be replaced by the valid provision the nearest to the intention of the parties, and the remaining parts will remain in full force and effect in their original version.
13.4. Survival.
If an Account is terminated, for any reason whatsoever, any part of these Terms which by their nature should survive the termination will remain into force as long as the interest of their survivance prevails.
13.5 Waiver.
No waiver of any part of these Terms by either you or us shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.
13.6. Interpretation.
Use of section headers in these Terms is made for convenience only and will not have any impact on the interpretation of any provision.
13.7. Consent to electronic communications.
By using the Services, you consent to receive and engage electronic communications from/with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
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