Terms of Use for Design Hacking Studios LLC (Parent Company of Together Game)

Effective Date:  October 8, 2024

1. Acceptance of Terms

1.1 By accessing or using any services (collectively, the "Services") provided by Design Hacking Studios LLC, a Utah limited liability company ("Company," "we," "our," or "us"), including but not limited to our website at togethergame.com (the "Site"), you ("User," "you," or "your") agree to be bound by these Terms of Use ("Terms").

1.2 If you do not agree to these Terms, you must immediately cease all use of the Services. The Company reserves the right, at its sole discretion, to modify these Terms at any time. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.

2. Eligibility and Account Creation

2.1 You must be at least eighteen (18) years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old.

2.2 To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.3 You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.

3. Intellectual Property Rights

3.1 All content provided through the Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by United States and international copyright laws.

3.2 By submitting, posting, or displaying any content on or through the Services ("User Content"), you grant to the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed, for any and all purposes, including but not limited to marketing, teaching, products, and services.

3.3 You represent and warrant that you have all rights necessary to grant the licenses contained in this section and that your User Content, and the use thereof by the Company, does not and will not violate any applicable laws or infringe the rights of any third party.

4. Prohibited Activities

Users are expressly prohibited from:

(a) Violating any intellectual property rights of the Company or any third party;
(b) Engaging in any form of theft, fraud, or unlawful activity;
(c) Bullying, harassing, or intimidating other users;
(d) Attempting to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services;
(e) Using the Services for any purpose in violation of local, state, national, or international laws;
(f) Sharing, reselling, or otherwise distributing any content obtained through the Services without express written permission from the Company.

5. Payment Terms

5.1 Unless otherwise explicitly stated, all payments for the Services are due in full at the time of purchase.

5.2 For subscription-based Services, payments are due monthly on the anniversary date of the subscription. Failure to make timely payments may result in immediate termination of access to the Services.

5.3 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

6. Termination

6.1 The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice, for any reason, including, without limitation, breach of these Terms.

6.2 Grounds for termination shall include, but are not limited to:
(a) Misuse of content;
(b) Theft or misuse of intellectual property;
(c) Use of the Services to defame or slander the Company or any individuals associated with it.

6.3 Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimer of Warranties

7.1 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 The Company makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

8. Limitation of Liability

8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

8.2 IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

9. Dispute Resolution

9.1 Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, all disputes shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

9.2 The arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Salt Lake City, Utah, unless you and the Company agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.

9.3 YOU AND THE COMPANY 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.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and the Company shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Salt Lake County, Utah.

11. Miscellaneous

11.1 These Terms constitute the entire agreement between you and the Company regarding the use of the Services, superseding any prior agreements between you and the Company relating to your use of the Services.

11.2 The Company's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.3 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

11.4 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11.5 The section titles in these Terms are for convenience only and have no legal or contractual effect.

By using the Services, you acknowledge that you have read these Terms of Use, understood them, and agree to be bound by their terms and conditions.