Terms of Service
Last Updated: November 7, 2023
This Terms of Service Agreement (“Agreement”) is an agreement between you (either an individual or entity) (“you” or “your”) and Dream Slam Productions, LLC, a Delaware limited liability company (hereinafter “Company”, “we”, “us” or “our”), that sets forth the terms and conditions for your use of sukeban.com and any other sites owned and operated by us (collectively, the “Sites”), any mobile applications (collectively, the “Apps”), and any other products, devices or services offered by us or through third parties integrating company functionality (collectively with sites and apps, the “Services”).
We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by Company at any time, without liability to you. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified agreement. If you disagree with our changes, then you should stop using the services.
Persons under the age of 18 are prohibited from using our Services.
3. Acceptable Use.
You are responsible for your use of the Services. When you use the Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- remove any proprietary notices from the Services or the Content (as defined below);
- use the Services for any commercial purpose, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of our computers, servers or related systems;
- use any means to scrape or crawl the Services (although Company may allow operators of public search engines to index materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials);
- use automated methods to use the Services;
- attempt to circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Services, or otherwise gain unauthorized access to Company’s systems;
- transfer, assign, copy, reverse engineer, disassemble, or duplicate any of the source code or software of the Company or of any third-party licensor incorporated in the Services; or
- attempt to decipher, decompile, take apart, reverse engineer or in any other way derive any source code or software of the Company or of any third-party licensor used to provide or incorporated in the Services; or advocate, encourage, or assist any third party in doing any of the foregoing.
4. Ownership & Copyright
You acknowledge and agree that the Company, or its third-party licensors, own all right, title and interest in and to the Services, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time. The Services, including but not limited to software, content, text, photographs, images, graphics, video, 3D-rendered environments and audio included in the Services, as well as the compilation as a whole (collectively, the “Content“), are protected under U.S. copyright, trademark and other laws by Company or its third-party licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Services or the Content. Without limiting the generality of the foregoing, (1) the Content may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Content; and (3) you may not make any use of the Content without the prior, express written permission of Company. Company reserves all rights to the Content on behalf of itself and its licensors. Except as expressly provided herein, nothing in the Services will be construed as conferring any license under Company’s and/or any third party’s (including but not limited to any third-party licensors’) intellectual property rights, whether by estoppel, implication or otherwise.
All Content, product names, trademarks, service marks and logos on the Services, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
6. Feedback/Idea Submission.
We do not accept or consider any unsolicited creative ideas, suggestions, proposals, or materials, and we do not compensate anyone for any such unsolicited ideas, suggestions, proposals, or materials. The purpose of this policy is to avoid potential misunderstandings when ideas, campaigns, and other materials developed by us or our clients might appear to be similar or identical to submissions. In the event you do submit any unsolicited ideas, suggestions, proposals, or other materials, or provide any feedback based on the Content or any work we have done for our clients, you hereby grant us an irrevocable, perpetual, sublicensable, and royalty-free license to exercise the intellectual property rights in any such submissions made by you or on your behalf for any purpose at our sole discretion. We also reserve the right to delete unread or destroy any such submissions at our sole discretion.
COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO COMPANY’S SERVICES, OR INFORMATION OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES.THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. YOU MAY RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE OF THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
9. LIMITED LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, THAT DIRECTLY OR INDIRECTLY ARISE OUT OF OR RELATE IN ANY WAY TO THIS AGREEMENT OR YOUR USE, OR INABILITY TO USE, THE SERVICES.THE CUMULATIVE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT AND YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF COMPANY SERVICES), WILL NOT EXCEED FIFTY UNITED STATES DOLLARS ($50.00).
YOU EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU (AND ALSO ANY THIRD PARTY FOR WHOM YOU USE COMPANY SERVICES) AGREE TO DEFEND (AT THE COMPANY’S REQUEST), INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO (i) YOUR BREACH OF THIS AGREEMENT, (ii) YOUR USE (OR ANY OTHER PERSON’S USE OR ACCESS TO THE SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION) OF THE SERVICES, (iii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (iv) YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES OR ODERS OF ANY GOVERNMENTAL AND QUASI-GOVERNMENTAL AUTHORITIES, INCLUDING WITHOUT LIMITATION ALL REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AUTHORITIES.
11. Governing Law & Venue/Waiver of Class Action.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any dispute arising out of or connected with this Agreement or the Services will be settled by binding arbitration in New York County, New York, administered by the American Arbitration Association under its commercial rules, before a single arbitrator who shall be an attorney experienced in internet law and commercial transactions or a retired judge. You waive any objection as to improper venue or that the state of New York is an inconvenient forum. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court having jurisdiction. All arbitration proceedings (including the fact that there is arbitration) shall be closed to the public and confidential, and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Each party will bear their own fees and expenses, except of for any costs incurred in collecting and arbitrator’s award and/or judgement, which shall be borne entirely by the losing party.
12. International Users.
These services are generally made available in the United States. Company makes no representations that the Services are appropriate or available for use in all locations whether inside or outside of the United States. If you are accessing or using the Services from other jurisdictions, you do so at your risk, and you are responsible for compliance with local laws.
13. Term & Termination.
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services or this Agreement at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re violating this Agreement. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Ownership & Copyright, Disclaimer, Limited Liability, Indemnification and Governing Law & Venue.
14. Waiver, Severability & Assignment.
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
15. Notice to California Users.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may contact us by writing us at the business address listed on Services, or via email at firstname.lastname@example.org.
17. Entire Agreement.
This Agreement, including the documents referenced in this Agreement, constitutes the entire agreement between you and the Company with respect to the use of the Content and Services and supersedes any and all prior agreements between you and the Company relating thereto.