Terms of Service
Thank you for enjoying the games we create. In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following General Considerations, Community Guidelines, End User License Agreement, and Website Terms of Service. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.
General Considerations and Definitions
For purposes of this Agreement, “Website” means www.terribleposture.com and all subpages thereto, including social media pages and accounts (e.g., follow us at @terribleposture on Twitter!), and digital storefronts such as the Epic Games Store for Terrible Posture Games or any of our respective titles, or title storefronts via applicable consoles and gaming platforms (herein “Digital Storefronts”). You acknowledge that your rights under this Agreement may be modified, superseded, or impaired by operation of your agreement with those Digital Storefronts.
The term “Game” or “Games” means our interactive entertainment products (namely “3 out of 10”), including the game client and all versions thereof across all consoles and playable platforms, and also refers to all expansions, updates, and game keys for digital download, as well as all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devises, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
By accessing the Website, or downloading or purchasing the Game(s), you hereby accept the Community Guidelines, End User License Agreement, and Website Terms of Service contained herein (collectively the “Agreements”) in full. Do not continue to use the Website or Game(s) if you do not accept all of the terms and conditions set forth below.
The following terminology applies to these Community Guidelines, Terms of Service, End User License Agreement, and any or related agreements referenced herein: “End User”, “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. “The Company”, “TPG”, “Ourselves”, “We”, “Our” and “Us”, refers to our company, Terrible Posture Games, Inc. “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We want to make sure that our Games and Website remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting our Terms of Service and End User License Agreement, you understand that these Community Guidelines apply to your use of both the Website and our Games, as well as any and all social media channels (including but not limited our Digital Storefronts, Facebook and similar social media platforms, as well as online video and streaming platforms such as, by way of example and by no means a limitation of the foregoing, YouTube.com and Twitch.tv) in connection with Games operated or managed by TPG (collectively herein the “Community”). Your failure to comply with any part of the Community Guidelines may result in the revocation of this license, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless TPG and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
User Comments and Feedback
Our Community offers various opportunities to interact and share your opinions and thoughts with us and other End Users via our forum, social media pages, Discord, through the Game’s digital storefronts, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by TPG’s employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (in Game or via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as “User Comments”), do not reflect the opinions or views of TPG.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to TPG, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
User Generated Content
We encourage our End Users to create and share your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also encourage streaming and recording your game play and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”.
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant TPG an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.
However, User Generated Content shared with the Community must comply with these Community Guidelines, the Term of Service and our End User License Agreement. Failure to comply with any of the terms contained therein may result in the termination of your rights under this Agreement and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
To the extent possible under International Law, TPG is not liable for any copyright infringement arising from any User Generated Content shared with the Community or through our Games or Website.
However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
- A statement by you made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.
The above information should be provided to our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing firstname.lastname@example.org.
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
- Your physical or electronic signature;
- Your name, address, and phone number;
- Identification of the material and its location before it was removed;
- A statement under penalty of perjury that the material was removed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- Your consent to accept service of process from the party who submitted the takedown notice.
Community Rules and Restrictions
By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
- Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third party;
- To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
- You will NOT harass other users. Harassment includes but is not limited:
- Publicly disclosing personally identifiable information of another End User or member of the Community;
- Stalking, doxing, or otherwise infringing on the privacy of any member of the Community;
- Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
- Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
- Making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or TPG; or
- Using exploits, hacks, or third party tools in the Game.
- You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
- You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Games that you dislike. Your sole remedy for that is to stop playing that Game;
- You will not engage in solicitation or advertise other products or services to the Community without our prior consent (e-mail is sufficient); and
- You may not commercially distribute, sell, or otherwise commercially exploit User Generated Content (including video streaming) without our prior consent (e-mail is sufficient).
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
The TPG trademarks (“TPG Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable TPG policy associated with that activity specifically references your right to use the TPG Marks pursuant to this policy.
- You may use the TPG Marks only for non-commercial purposes, except as permitted by the applicable policy.
- The TPG Marks may only be used in connection with high quality materials (e.g., websites, custom maps, etc.).
- Use the appropriate trademark symbol (™, ®) the first time that a TPG Mark appears in your material
- You should provide credit to TPG by using the credit lines associated with the TPG Marks that you use (see below).
- Alter a TPG logo other than to adjust the overall size of the logo;
- Modify or alter a TPG Mark or logo or use them in a way that confuses TPG or its Games with another brand, game, or game developer/publisher;
- Use a TPG Mark in a plural or possessive form;
- Use a TPG Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
- Use a TPG Mark in conjunction with your name or any other trademark or trade name, e.g. “BonBon’s 3 out of 10”;
- Use the TPG Marks in a way that is deceptive, harmful, obscene or disparaging to others;
- Present or feature an TPG Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
- Use an TPG Mark in the domain name of your website’s URL;
- Apply for trademark registration of a product, service, etc., with a name that includes an TPG Mark or, any variation thereof;
- Use an TPG Mark in a manner that, in TPG’s sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; and
- Use an TPG Mark in any manner than implies a relationship with, sponsorship, or endorsement by TPG, unless otherwise authorized by TPG in writing.
End User License Agreement
We retain exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to our Games and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Games. We prohibit the copying, reproduction, and circumvention of technology of our Games beyond the terms of this license. Our Games are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
We hereby grant you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of each Game you download or purchase from us or a licensed third party for your personal, non-commercial use (for purposes of this End User License Agreement only, the “Game”). Continued use of the Game is contingent upon your compliance with the following:
- You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game;
- You must comply with the Community Guidelines set forth above. Failure to comply with the Community Guidelines will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to TPG or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
- Absent a valid distribution Agreement between you and TPG, you may not commercially exploit or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
- You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience;
- You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
- You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us;
- You may not provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
- You may not facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us;
- You may not violate any applicable law or regulation in connection with your use of the Game;
- You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS; and
- You may not use our registered and unregistered trademarks, service marks, and logos (collectively “Marks”) for any reason without our prior written consent. However, we generally authorize use for non-commercial use, such as may be the case for “fan art”, fan-related events, non-commercial User Generated Content, and other uses that are otherwise contemplated herein.
Ownership and Independent Origin
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remains with its respective owners.
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
TERRIBLE POSTURE GAMES AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS OR NOVEL VIRUS [INCLUDING BUT NOT LIMITED TO COVID-19], OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED CAUSES), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
LIMITATION OF LIABILITY
YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE GAME.
Term and Termination
Term. This Agreement is effective upon your use of our products and services, and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that TPG chooses to cease providing the Services, or license to a third party the right to provide the Services, TPG shall provide you with no less than thirty (30) days’ prior notice. Neither the Services nor TPG’s agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of TPG’s servers or other technology.
Termination. You are entitled to terminate this Agreement at any time by notifying TPG by email at email@example.com.
TPG reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. Your use of our products and services may also depend on compliance with third party terms of service and license agreements, including but not limited to Epic Games, Inc.
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws.
Embargos. Neither the Game nor Services may be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Assignment. TPG may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without TPG’s prior written consent. Your assignment of this Agreement without TPG’s prior written consent shall be void.
No Waiver. TPG’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, TPG may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. TPG shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of the elements; fire; flood; severe weather; earthquake; vandalism; accidents; epidemics and pandemics (including but not limited to COVID-19 and other novel viruses not yet discovered); sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God, Gods, Goddesses, supernatural busybodies generally, and their agents (living or dead, real or imagined) and the public enemy; acts of war; alien invasion, acts of terrorism; zombie apocalypse, riots; civil or public disturbances or disturbances in the Force; robot ascension or artificial human overthrow, strikes lock-outs or, labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts, or any other cause reasonably beyond TPG’s control.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Entire Agreement. This EULA, along with TPG’s other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by TPG survive termination of this Agreement for any reason.