Terms of Service
Last Update: October 2022
This Website is provided by Shenaniganz Studio, LLC, (herein, "Shenaniganz Studio", "SS" and "we"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
The terms “Website”, "Service", "Game", and/or "Content" used herein refers to this website and any and all games, software packages, or other media published by Shenaniganz Studio.
PLEASE NOTE: YOUR USE OF THIS WEBSITE OR OTHER CONTENT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE OR OTHER CONTENT.
1. Right to Use this Website and other Content
Shenaniganz Studio grants you a limited, non-exclusive, revocable license for you to use this Website and other Content for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Shenaniganz Studio and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website and other Content, you must respect the intellectual property rights of Shenaniganz Studio and others, all as outlined below. Your unauthorized use of this Website and other Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Additional License Limitations
You agree that you will not under any circumstances:
1.1 Create or use cheating codes, software, bots, hacks, mods, or any other unauthorized third-party software designed to modify the Service, the Game, or the experience of the game.
1.2 Exploit the Game or any part thereof for commercial purposes.
1.3 Purchase or sell for real money, or in exchange for in-game currency, objects or resources that may be used in a Game outside the Game without the prior authorization of SS.
1.4 Allow any third party (save and except for minor children) to use your account on the Service or in a Game.
1.5 Use any unauthorized third-party software that intercepts, searches, or otherwise collects information relative to the Game or the Service, including, without limitation, any and all software that read areas of RAM used by the Game in order to store information relative to any character or environment of a Game; provided, however, that SS may, in its sole and absolute discretion, allow for the use of certain third-party interfaces.
1.6 Modify, or cause to be modified, any file part of a Game or the Service in any way, except as expressly authorized by SS.
1.7 Provide, create, or maintain any unauthorized connection to a Game or the Service, including, without limitation, (a) any unauthorized connection to a server that emulates, or attempts to emulate, the Service or a Game; and (b) any connection using third-party programs or tools without the prior approval of SS.
1.8 Disrupt or assist in the disruption of (i) any computer used to take control of the Service or any game environment (hereinafter individually referred to as a “Server”); or (ii) the experience of the Game of any player. ANY ATTEMPT ON YOUR PART TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
1.9 Use a large number of free accounts, or any other mean of increasing your in game presence, to play the game. The exact definition of "large number" is up to us depending on the server situation but it will never exceed 15.
All Content is copyrighted, and it is either owned or used with permission by SS. SS disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with SS.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
SS respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Website are owned by SS and third parties, and this Website's and other Content's trade dress is owned by SS (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by SS are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
4. Your Communications to SS; SS Rights to Your Submissions
SS likes to hear from you. However, in your communications with SS, please keep in mind that, unless it specifically requests them, SS does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to SS any unsolicited materials, such as ideas for games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content.
Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to SS via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") or any Social Media platforms will be treated as non-confidential and nonproprietary, and SS will not assume any responsibility, obligation, or liability for them or for SS's receipt or non-receipt of them. SS's receipt of Your Submissions is not an admission by SS of their novelty, priority, or originality, and it does not impair SS's right to contest existing or future intellectual property rights relating to Your Submissions.
You grant SS a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by SS in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Access to the Service
You may create an account only if you are a “natural person”, and each service is subject to it's age restrictions. Business corporations, limited liability companies, partnerships, and any other corporate body or commercial entity may not create an account. Any individual prohibited by SS to use the Service may neither create nor use an account. By accepting the present Agreement, you hereby declare and warrant that you meet the eligibility requirements listed herein. In the event that SS becomes aware that you have created an account that does not meet the foregoing provisions, SS reserves the right to suspend, terminate, and/or delete the account at any time.
6. Online Shopping
This Website and other SS websites may offer online capabilities to purchase products (such as Therian Saga related products) and services (such as memberships). You must be 18 years of age or older to make any such purchases without parental consent. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from SS.
In the event that you voluntarily compromise the safety of your account in anyway, SS reserves the right to delete the balance of any account currencies subject to misappropriation, suspend access to any and all services provided by SS, and/or terminate the account, pursuant to Article 9 hereunder.
Virtual Items. SS owns, has licensed, or otherwise has any and all rights relative to all of the content that appear on the Service or in the Games. You hereby agree that you have no right or title relative to said content, including, without limitation, virtual items or currencies appearing in or derived from any Game, or any other attributes associated with the account or stored on the Service. SS does not authorize any alleged transfer of virtual items outside the Game, or any alleged sale, donation, or exchange in the “real world” of elements appearing in or derived from the Game, except as expressly authorized in written form by SS.
7. Naming Policy
The creation of a character/account and the selection of a name are important aspects of the Game. In order to avoid any conflict, any and all users must comply with the following rules for the selection of a character/account name. In the event that a character name is in conflict with these rules, the team reserves the right to modify said name without notifying the user.
Any user that notices a character name that is in conflict with the Naming Policy may advise SS at email@example.com.
Character names falling into any of the following categories may be modified at any time without notice:
incitement to racial, religious, or ethnic hatred
reference or incitement to violence
reference or incitement to sexual activity
reference to any player’s sexual orientation
any name referring to a character or actual facts that may offend the community
reference to drugs or alcohol
lewd or vulgar remarks
Character names falling into any of the following categories will be modified following notification via email. In the event that the user concerned has not addressed such concerns after a period of 24 hours, the character name will be modified by the team:
reference to the human anatomy and to bodily functions
reference to religious elements
use of registered trade names or registered trademarks.
It is recommended to avoid names that:
use all capital letters
feature numbers and letters
refer to actual locations or known individuals
constitute a partial or complete sentence (ilovepixelbowl…).
8. Community Areas: Code of Conduct
SS may elect to offer on this Website community features such as email, bulletin boards, forums, and chat rooms. In such cases, SS will not be responsible for monitoring, screening, censoring, editing, or regulating the information or content disseminated on your part or by third parties on this Website. However, SS reserves the right to do so in its sole discretion. SS does not assume any responsibility for the accuracy or reliability of the information or content disseminated by any and all users or third parties.
The following comments may be subject to modification without prior notice and the intervention of a site administrator may lead to the suspension or deletion of the account on the basis of the gravity of the comments reported:
incitement to racial, religious, or ethnic hatred
reference or incitement to violence
reference or incitement to sexual activity, reference to the human anatomy and to bodily functions
reference to religious elements
reference to any player’s sexual orientation, reference to a character or actual facts that may offend the community
reference to drugs or alcohol
lewd or vulgar remarks
advertising other than the commercial services offered as part of the Game as well as any other offending content.
In order to ensure the legibility of the content used in the community areas, any and all users must adhere to the following rules:
SMS language is to be avoided at all times and language understandable by everyone is to be used.
Chat windows may not be flooded with multiple messages displaying similar content.
As for the information or content that you may download from or upload to this Website, you hereby declare and warrant to SS that you are entitled and authorized to do so without the consent of any third party.
You agree that you will not download from or upload to this Website: (a) content that is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, or of an harassing nature or otherwise inappropriate; (b) viruses or other harmful content; or (c) any content designed for commercial purposes (such as offers for the sale of products or services or attempts to raise funds or place advertising for any product or service).
SS reserves the right, in its sole discretion, to set out additional rules for any community area and to reserve access to community features to specific individuals or groups on the basis of such criteria as age, geographic location, or others, to deny or restrict access, at any time, to any individual or group who fail to comply with these criteria or to any individual who fail to meet our criteria or who fail to comply with our rules and to change or modify said criteria or rules as it deems fit. SS reserves the right (but will not be liable to it), in its sole discretion, to delete any element of information displayed on this Website that may contravene the provisions of this User Agreement and to deny access to this Website to any user.
9. Termination of Service
SS reserves the right to terminate this Service, without prior notice, for contravening the requirement to comply with the conditions set out under the present Agreement. In the event of minor violations, SS will issue a first warning stating the violation prior to terminating the Service. In the event that a behavior is utterly unacceptable, SS will not be required to issue said prior notice. A behavior is considered utterly unacceptable in the case of a serious violation of any of the provisions set out under this Agreement.
You may cancel this Service at any time by ceasing all use of the latter, save and except for products purchased via this Service. You may at any time terminate any Account created by following the instructions set out on the Website.
10. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
11. Investigations; Cooperation with Law Enforcement; Termination
SS reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
12. Privacy and Security Measures
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control.
13. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies, typos, or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SS DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN SS WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, SS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
14. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website or to download pages of 3rd-oarty distributors of Services or Games, so long as: (a) the links are only to the home page of this Website or 3rd-party store page, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with SS or cause confusion among consumers, (d) the links and related content on your site do not portray SS or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
15. Links on this Website to and from Other Sites
16. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from SS's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). SS disclaims all liability in connection with therewith.
17. Procedure for Alleging Copyright Infringement
SS will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website or Service, then send us a written notice that includes all of the following:
(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.
SS will only receive DMCA notices by e-mail at this time:
By Email: firstname.lastname@example.org
SS may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and SS may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
18. General Provisions
You agree to indemnify, defend, and hold harmless SS (which includes SS's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
SS may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. SS may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
SS controls and operates this Website from its headquarters in Ohio, US, and SS makes no representation that this Website is appropriate or available for use beyond the border of the United States. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although SS products and services are available in many parts of the world, this Website may describe products and services that are available only in the US (or only parts of it) and are not available worldwide.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
SS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SS's defense of such claim.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
F. BINDING ARBITRATION AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Product in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
Initial Dispute Resolution: SS's Customer Support department is available by email at email@example.com to address any concerns you may have regarding the Service. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, SS may pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Sandusky County, Ohio, and you and SS agree to submit to the personal jurisdiction of any federal or state court in Sandusky County, Ohio, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: 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 SS AGREES 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.
Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration", "Location", and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: firstname.lastname@example.org
The notice must be sent within 30 days of purchasing the Product (or if no purchase was made, then within 30 days of the date on which you first access or use the Product and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, SS also will not be bound by them.
Changes to this Section: SS will provide 30-days’ notice of any changes to this Section. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.