terms of use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The term "A Staircase Above Studios Website" shall hereinafter be used collectively to refer to all websites, online and social games owned and/or controlled and operated by A Staircase Above Studios LLC, its subsidiaries, affiliates, agents, licensees or assigns, and which have an affixed hyperlink to these Terms of Use. The term "A Staircase Above Studios" shall hereinafter refer to A Staircase Above Studios LLC, its subsidiaries and affiliates.
THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND A STAIRCASE ABOVE STUDIOS LLC BY SIGNING UP FOR AN ACCOUNT OR USING ANY A STAIRCASE ABOVE STUDIOS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT USE THE ACCOMPANYING A STAIRCASE ABOVE STUDIOS WEBSITES.
A Staircase Above Studios reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any A Staircase Above Studios Website feature, hours of availability, content, data, software or equipment needed to access A Staircase Above Studios Websites. A Staircase Above Studios will post notification of any such changes to the A Staircase Above Studios Websites on the A Staircase Above Studios Website in question, and will post any revised Terms of Use in this location, and may provide such other notice as A Staircase Above Studios may elect in its sole and absolute discretion, which may include by email, postal mail, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your A Staircase Above Studios Website account and terminate the Account. The continued use of A Staircase Above Studios Websites by you following notice of changes to this Agreement will mean you accept any and all such changes. A Staircase Above Studios may change, modify, suspend, or discontinue any aspect of the A Staircase Above Studios Websites at any time. A Staircase Above Studios may also impose limits on certain features or restrict your access to parts or all of the A Staircase Above Studios Websites without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the A Staircase Above Studios Websites, any game data or in any terms or conditions of access to or use of the A Staircase Above Studios Websites.
1. Limited License to Use the Service. All use of A Staircase Above Studios Website online services, games and other applications, which link to this Agreement, whether accessed directly or through a third party site (e.g., a social network) (individually or collectively referred to herein as the "Service"), and the relationship between A Staircase Above Studios and you, with respect to your use of the Service, is governed by the terms and conditions contained in this legally binding agreement, including any future revisions (hereafter referred to as the "Terms of Use" or "Agreement"). Subject to your compliance with and acceptance of the terms and conditions set forth in this Agreement, you may use the Service for your non-commercial entertainment purposes. Moreover, you agree to be bound by any application, forum or game specific rules published within the Service. This Agreement is in addition to, and does not replace or supplant, the Software License Agreement (the "SLA") that applies to any A Staircase Above Studios software (“Software”) and any other agreements or terms provided by A Staircase Above Studios with respect to the Service or a particular Website. Any use of the A Staircase Above Studios Websites not in accordance with the Terms of Use, the SLA or other express terms or conditions is expressly prohibited. By accessing and using the Service, you represent that, if you are a legal resident of the United States, you are at least thirteen (13) years old, or over the age of majority in the country where you are a citizen, and agree to these Terms of Use on behalf of yourself, or on the behalf of your child or legal ward. If you are between the ages of thirteen (13) and seventeen (17) years old, you represent that your parent or legal guardian has reviewed and agreed to these terms.
2.1 You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to A Staircase Above Studios Website servers.
2.2 A Staircase Above Studios has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.
2.3 A Staircase Above Studios has the right to obtain "non-personal" data from your connection to the A Staircase Above Studios Websites in order to make certain demographic assumptions regarding the users of A Staircase Above Studios Websites without any further notice to you.
2.4 A Staircase Above Studios has the right to change, at any time, the (i) A Staircase Above Studios Websites or the Service, including the termination, change, or addition of any content or feature, (ii) the fees or charges related to the use of the Service or A Staircase Above Studios Websites, or (iii) the equipment, hardware or software necessary to use the Service or the A Staircase Above Studios Websites.
2.5 A Staircase Above Studios may from time to time offer certain games, contests and/or sweepstakes via the A Staircase Above Studios Websites. You agree that your participation in such is voluntary and shall be subject to the specific official rules and/or terms and conditions provided in connection therewith.
2.6 A Staircase Above Studios Websites require the creation and retention of electronic files, including without limitation player characters, accounts, statistics, user profiles, etc. ("SC Data"), which are stored by A Staircase Above Studios. While keeping SC Data safe is a priority of A Staircase Above Studios, note that A Staircase Above Studios shall not have any liability for the loss of any SC Data for any reason whatsoever.
2.7 A Staircase Above Studios reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation SC Data and any other information accumulated, stored or uploaded on A Staircase Above Studios Websites.
2.8 A STAIRCASE ABOVE STUDIOS MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS AND A STAIRCASE ABOVE STUDIOS WEBSITE ACTIVITY WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. You also hereby acknowledge that A Staircase Above Studios is under no obligation to monitor your electronic communications, and you engage in such communications at your own risk.
2.9 You acknowledge that portions of A Staircase Above Studios Websites may contain additional terms and conditions for use of a particular Service. You agree that you will read and agree to those terms and conditions before using any such Service. In the event that any terms or conditions posted on A Staircase Above Studios Websites conflict with these Terms of Use, these Terms of Use shall control, except in the case of SLAs, which shall be viewed as compatible whenever possible, with SLAs controlling over these Terms of Use in case of a direct conflict of terms.
2.10 YOU AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR USE OF THE A STAIRCASE ABOVE STUDIOS WEBSITES, INCLUDING BUT NOT LIMITED TO ANY STATEMENTS MADE, IMAGES POSTED, OR THIRD-PARTY SOFTWARE MADE AVAILABLE, AND YOU AGREE TO DEFEND AND HOLD HARMLESS A STAIRCASE ABOVE STUDIOS, AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, ASSOCIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES FROM ANY SUCH ACTIVITY CONDUCTED BY YOU OR THROUGH YOUR ACCOUNT ON THE A STAIRCASE ABOVE STUDIOS WEBSITES.
3. Establishing an Account.
3.1 In order to access and use the A Staircase Above Studios Websites and/or Service, you may be required to sign up for an Account (as defined below). You may establish one (1) user account, or access the Service through one (1) account on a third party website or service through which the Service is available (e.g., a social network) (the "Account") pursuant to the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be 13 or older if you are a resident of the United States or over the age of majority in your country of residence. Users who are residents of the United States between the ages of 13 and 17 may establish an account only with permission and under the supervision of a parent or legal guardian who has reviewed and accepted the terms of this Agreement. You may not share the Account with anyone. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by A Staircase Above Studios. A Staircase Above Studios reserves the right to terminate an Account without notice if it believes, at its own discretion, that a user is under the age of 13, or is between the ages of 13 and 18 and is using any of the respective A Staircase Above Studios websites without parental consent or supervision.
3.2 To register for an Account you will be required to provide A Staircase Above Studios with certain information about yourself, including, but not limited to, your first and last name, e-mail address, username, date of birth, language and time zone. You may also have the opportunity enter credit card information and billing address if you will be purchasing items through the Service. All of the information you provide to us or that we collect from you will be subject to the terms and conditions of this Agreement and our Privacy Policy, which is incorporated herein by this reference. As such, it is imperative that you provide A Staircase Above Studios with accurate, up to date information. In the event that A Staircase Above Studios learns that you have provided false or misleading registration information, A Staircase Above Studios reserves the right to immediately terminate and disable or delete the Account.
3.3 During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as "Password"). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. A Staircase Above Studios is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. A Staircase Above Studios is not responsible in the event that the Account is "hacked," or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. A Staircase Above Studios is not responsible for any loss or damage arising from your failure to provide accurate information. The user name you choose shall be subject to the naming guidelines contained in this Agreement.
3.4 A Staircase Above Studios does not recognize the transfer of Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and will result in termination of the Account.
3.5 You agree to immediately notify A Staircase Above Studios of any unauthorized use of your Password or Account or any other breach of security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3.6 You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your Account is aware of the terms of and complies with this Agreement.
4. A Staircase Above Studios Rules of Conduct. The A Staircase Above Studios Websites and Service are governed by certain rules of conduct that must be adhered to by all users of the A Staircase Above Studios Websites and/or Services. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be exhaustive, and A Staircase Above Studios reserves the right to determine which conduct it considers to be outside the spirit of these Terms of Use and to take such disciplinary measures as it sees fit, up to and including termination and deletion of the Account.The A Staircase Above Studios Websites are here to provide you with an environment where you can enjoy the Service, discuss ideas, give game play advice, and converse about any other aspects of A Staircase Above Studios properties or Services with other players. Community forums are at their best when participants treat their fellow posters with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in these forums.The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other community members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, the forum moderators shall have full discretion to address any behavior that they feel is inappropriate. A Staircase Above Studios reserves the right to suspend your access to the Service and/or A Staircase Above Studios Website forums at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines. Notwithstanding the foregoing, A Staircase Above Studios has no obligation to monitor or supervise communications of any kind on the A Staircase Above Studios Websites, nor shall A Staircase Above Studios be liable for any damages for any loss or damages caused by the statements, posted images, or actions of third parties in connection with the A Staircase Above Studios Websites.
4.1 User Name.Each user will select a user name during the registration process. If A Staircase Above Studios finds such a user name to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of your Account. In particular, you may not use any name:
4.1.1 Belonging to another person with the intent to impersonate that person, including without limitation an employee or agent of A Staircase Above Studios.
4.1.2 That incorporates 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
4.1.3 That belongs to a popular culture figure, celebrity, or media personality;
4.1.4 That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
4.1.5 Belonging to any religious figure or deity;
4.1.6 Related to drugs, sex, alcohol, or criminal activity;
4.1.7 Referring to pop culture icons or personas. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
4.2 General.
4.2.1 You will not advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use the A Staircase Above Studios Websites or Service for commercial purposes of any kind.
4.2.2 You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the A Staircase Above Studios Websites, Service or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the A Staircase Above Studios Websites.
4.2.3 You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other Account information, or another person's name, likeness, voice, image or photograph.
4.2.4 You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
4.2.5 You will not submit, post, upload, distribute or otherwise make available or transmit any illegal content, or make statements that do not generally pertain to the designated topic or theme of the forum.
4.2.6 You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity in connection with the Service and/or A Staircase Above Studios Websites.
4.2.7 You will not communicate or post any user's personal information in or on the A Staircase Above Studios Websites, Service or forums related to A Staircase Above Studios.
4.2.8 Post any content or language which, in the sole and absolute discretion of A Staircase Above Studios, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.
4.3 Use and Gameplay Rules. While using the Service and/or A Staircase Above Studios Websites, you agree not to:
4.3.1 Use the Service, Virtual Items (as defined below) or Software for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or as stated within the Service.
4.3.2 Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, including, but not limited to, Virtual Items.
4.3.3 Harvest or collect information about the Service, visitors to the Site or users of the Service without their express consent.
4.3.4 Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement.
4.3.5 Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software or otherwise engage in commercial activities with respect to the Service.
4.3.6 Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage and/or modify the Software, Virtual Items or the Service to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Service.
4.3.7 Use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, the Virtual Items or the Software.
4.3.8 Reverse engineer, decompile or disassemble all or any portion of the Service, Virtual Items or Software.
4.3.9 Use the A Staircase Above Studios Websites or Service or any part thereof for any commercial purpose, including but not limited to gathering or transferring Virtual Items for sale or offering power-leveling services.
5. Consequences of Violating the A Staircase Above Studios Terms of Use. A Staircase Above Studios may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the A Staircase Above Studios Websites and/or Service. Violation of any of the terms and conditions set forth above may result in actions being taken by A Staircase Above Studios, effective immediately or at a time determined by A Staircase Above Studios, which may include without limitation: (i) temporarily suspending your Account and/or access to the A Staircase Above Studios Websites and/or Service, or (ii) permanently terminating your Account and/or access to the A Staircase Above Studios Websites and/or Service. Without limiting the foregoing, A Staircase Above Studios retains the right to decline service to any user who violates this Agreement or the SLA.
6. Ownership. 6.1 All title, ownership rights and intellectual property rights in and to the Service and the A Staircase Above Studios Websites (including without limitation any user accounts, Virtual Items, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into A Staircase Above Studios Websites, transcripts of the chat rooms, character profile information, recordings of games played on A Staircase Above Studios Websites, and the A Staircase Above Studios Website client and server software) are owned by A Staircase Above Studios or its licensors. The Service and A Staircase Above Studios Websites are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Service and A Staircase Above Studios Websites may contain certain licensed materials, and A Staircase Above Studios’ licensors may protect their rights in the event of any violation of this Agreement.
6.2 Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the A Staircase Above Studios Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the A Staircase Above Studios Websites are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow A Staircase Above Studios to locate the material on the A Staircase Above Studios Website(s); (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by A Staircase Above Studios against you, the DMCA permits you to send A Staircase Above Studios a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the A Staircase Above Studios Websites should be sent to A Staircase Above Studios’ Copyright Agent for notice of claims of copyright infringement as follows: asastudiosbusiness@gmail.com, (t) (814) 460-7961.A Staircase Above Studios’ Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the A Staircase Above Studios Website(s). Please note that these notifications and counter-notifications are legal notices. A Staircase Above Studios may provide copies of such notices to the participants in the dispute, or to third parties, at our discretion and as required by law. Please note that the information provided in these notices and counter-notices is not protected or kept confidential. ALL OTHER INQUIRIES DIRECTED TO THE A STAIRCASE ABOVE STUDIOS COPYRIGHT AGENT WILL NOT BE ANSWERED.
6.3 You may not use A Staircase Above Studios trademarks or trade dress in connection with any product or service that is not owned by A Staircase Above Studios, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages A Staircase Above Studios or its licensors. Except as expressly provided herein, A Staircase Above Studios and its licensors do not grant you any express or implied rights, and all rights, title and interest that A Staircase Above Studios has in and to the A Staircase Above Studios Websites and the content therein that are not expressly granted by A Staircase Above Studios to you are retained by A Staircase Above Studios.
6.4 License Grant of User-Generated Content to A Staircase Above Studios and Others. When you contribute user-generated content to the A Staircase Above Studios Websites, you expressly grant to A Staircase Above Studios a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the user-generated content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant A Staircase Above Studios all licenses, consents and clearances to enable A Staircase Above Studios to use such user-generated content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such user-generated content. If the A Staircase Above Studios Website to which you contribute user-generated content permits others to access and use that content as part of the A Staircase Above Studios Website Services, then you also grant all other users of the relevant A Staircase Above Studios Website the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your user-generated content on or through the A Staircase Above Studios Website(s) without further notice, attribution or compensation to you.
6.5 All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to A Staircase Above Studios (“Feedback”) shall be the exclusive property of A Staircase Above Studios. You hereby agree that A Staircase Above Studios may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.
7. Termination.
7.1 This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. A Staircase Above Studios reserves the right to terminate this Agreement without notice, if, in A Staircase Above Studios’ sole and absolute discretion, you fail to comply with any terms contained in this Agreement or the SLA.
7.2 Notwithstanding anything to the contrary in this Agreement, A Staircase Above Studios reserves the right to suspend, permanently discontinue or terminate the Service, the A Staircase Above Studios Website(s) and/or your Account, or your access to any of the foregoing, at any time. Upon any discontinuation or termination of the Service, A Staircase Above Studios Website(s) or your Account, this Agreement shall terminate with respect to the applicable Service, Account and/or A Staircase Above Studios Website. IN THE EVENT OF ANY SUSPENSION, DISCONTINUATION OR TERMINATION OF THIS AGREEMENT, THE SERVICE, A STAIRCASE ABOVE STUDIOS WEBSITES OR YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OR OTHER COMPENSATION FOR ANY REASON.
7.3 Sections 2.10, 6-13, 14.2-14.3, 15.1 and such other provisions that survive by their express terms shall survive the termination of this Agreement.
8. Equitable Remedies.The rights granted to you and obligations made hereunder to A Staircase Above Studios are of a unique and irreplaceable nature, the loss of which shall irreparably harm A Staircase Above Studios and which cannot be replaced by monetary damages alone. As a result, in the event that you breach this Agreement, you hereby agree that A Staircase Above Studios would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that A Staircase Above Studios shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as A Staircase Above Studios may otherwise have available to it under applicable laws. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
9. Jurisdiction.This Agreement shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state and federal courts located in the County of Erie, Pennsylvania, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
10. Severability.If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.
11. Waiver.The failure by A Staircase Above Studios to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12. Limitation of Liability.
NEITHER A STAIRCASE ABOVE STUDIOS NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR A STAIRCASE ABOVE STUDIOS WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE A STAIRCASE ABOVE STUDIOS WEBSITES, EVEN IF A STAIRCASE ABOVE STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT A STAIRCASE ABOVE STUDIOS, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE A STAIRCASE ABOVE STUDIOS WEBSITES OR USE OF A STAIRCASE ABOVE STUDIOS SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE A STAIRCASE ABOVE STUDIOS’, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE A STAIRCASE ABOVE STUDIOS WEBSITES, OR ANY PART THEREOF, IS TO STOP USING THE A STAIRCASE ABOVE STUDIOS WEBSITES. THE MAXIMUM AGGREGATE LIABILITY OF A STAIRCASE ABOVE STUDIOS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO A STAIRCASE ABOVE STUDIOS FOR ITS RESPECTIVE A STAIRCASE ABOVE STUDIOS WEBSITE SERVICES.
13. Disclaimers.
13.1 THE INFORMATION, CONTENT AND MATERIALS ON A STAIRCASE ABOVE STUDIOS WEBSITES AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY A STAIRCASE ABOVE STUDIOS WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY A STAIRCASE ABOVE STUDIOS WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY A STAIRCASE ABOVE STUDIOS WEBSITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY A STAIRCASE ABOVE STUDIOS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13.2 We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any A Staircase Above Studios Website or Service. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any A Staircase Above Studios Website or Service or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information).
13.3 NEITHER A STAIRCASE ABOVE STUDIOS NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE A STAIRCASE ABOVE STUDIOS WEBSITES OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, A STAIRCASE ABOVE STUDIOS SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE A STAIRCASE ABOVE STUDIOS WEBSITES. MOREOVER, NEITHER A STAIRCASE ABOVE STUDIOS NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
13.4 You may not be able to access A Staircase Above Studios Websites whenever you want, and there may be extended periods of time where you cannot access A Staircase Above Studios Websites.
13.5 A Staircase Above Studios shall not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of A Staircase Above Studios ; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond A Staircase Above Studios’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
14. General Provisions.
14.1 Links. You should be aware that when you are using the Service and/or A Staircase Above Studios Websites, you could be directed to other sites that are beyond A Staircase Above Studios’ control. There may be links to other sites from the A Staircase Above Studios Websites or Services that take you away from the A Staircase Above Studios Websites. These links are for convenience only and you access them at your own risk. A Staircase Above Studios takes no responsibility and assumes no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
14.2 By permitting advertising on the A Staircase Above Studios Websites and/or Services, A Staircase Above Studios makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. A Staircase Above Studios specifically disclaims liability for direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind or under any theory of law arising from such advertisements. By responding to an advertisement on any of the A Staircase Above Studios Websites, you waive any claims against A Staircase Above Studios for damages arising from such advertisement or your reliance upon statements in such advertisement. YOU AGREE THAT USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY A STAIRCASE ABOVE STUDIOS, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/OR NONINFRINGEMENT. A STAIRCASE ABOVE STUDIOS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH OR LINKED TO OR FROM THE A STAIRCASE ABOVE STUDIOS WEBSITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, WHETHER OR NOT A STAIRCASE ABOVE STUDIOS MAY HAVE RECEIVED SOME FORM OF REVENUE OR OTHER REMUNERATION IN CONNECTION WITH ANY SUCH TRANSACTION.
14.3 As a condition of your access to and use of the A Staircase Above Studios Websites and/or Service, you agree to indemnify, defend and hold A Staircase Above Studios and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the A Staircase Above Studios Websites and/or Service and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the A Staircase Above Studios Website and/or Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, any specific rules published within the Service and any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the A Staircase Above Studios Website and/or Service; (iv) A Staircase Above Studios’ resolution (if any) of any dispute you have or claim to have with one or more users of the Service; (v) your improper authorization for A Staircase Above Studios to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that A Staircase Above Studios disclose your personal information and other information collected as set forth in our Privacy Policy).
15. Miscellaneous.
15.1. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Software may not be downloaded or otherwise exported or re-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 list of Specially Designated Nationals or the U.S. Commerce Department Table or Deny Orders. If you do not meet these criteria or are not sure, do not install or download the Software. If you live in such a country, no license is granted hereunder.