Terms of Service

Pivan Interactive, Inc. — uncanny.gg

Thank you for visiting the Pivan Interactive, Inc. ("Pivan Interactive") website located at www.uncanny.gg (the "Site"). Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our Site and ALL services accessible via our Site. To make these Terms easier to read, the Site and our services are collectively called the "Services."

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you must discontinue use of the Services immediately. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

We may withdraw or amend the Services, and any related service or content, or restrict access to all or certain users without notice and without liability to you. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.

To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.

Eligibility

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services' intended use (in Pivan Interactive's sole judgment). You agree not to do any of the following:

• Post, upload, publish, submit or transmit any content that infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services or any Pivan Interactive trademark, logo or other proprietary information without Pivan Interactive's express written consent.
• Access, tamper with, or use non-public areas of the Services or Pivan Interactive's computer systems.
• Attempt to probe, scan or test the vulnerability of any Pivan Interactive system or network or breach any security or authentication measures.
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
• Collect or store any personally identifiable information from the Services from other users without their express permission.
• Impersonate or misrepresent your affiliation with any person or entity.
• Violate any applicable law or regulation.

Intellectual Property Rights

The Services, including all content, features, and functionality thereof, are owned by Pivan Interactive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Pivan Interactive. You must not reproduce, sell, or exploit for any commercial purposes any part of the Services.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at contact@uncanny.gg. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

User Contributions

The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit content or materials ("User Contributions") on or through the Services.

All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam."

Any User Contribution that you post will be considered non-confidential and non-proprietary, and you grant Pivan Interactive a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Billing, Payment and Purchases

ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW. When you provide a Payment Method to Pivan Interactive you represent that you are the authorized user of the Payment Method, and you authorize Pivan Interactive to charge your Payment Method for any funds or other fees incurred by you.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at contact@uncanny.gg.

Indemnification

You agree to defend, indemnify, and hold harmless Pivan Interactive, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your User Contributions or violation of these Terms.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of Liability

NEITHER PIVAN INTERACTIVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.

IN NO EVENT WILL PIVAN INTERACTIVE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PIVAN INTERACTIVE FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PIVAN INTERACTIVE, AS APPLICABLE.

Governing Law and Jurisdiction

Any dispute or claim by you arising out of or related to these Terms shall be governed by Delaware law without giving effect to any choice or conflict of law provision or rule, with a venue in Denver, Colorado. Any legal suit, action, or proceeding arising out of, or related to, a Claim shall be instituted exclusively in the federal courts of the United States or the courts of Delaware.

Dispute Resolution

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of the Services will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

You will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contact@uncanny.gg or by regular mail at 1111 Pearl St, Suite 201, Boulder CO 80302 within thirty (30) days following the date you first agree to these Terms.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Pivan Interactive and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pivan Interactive and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Notice and Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), Pivan Interactive has adopted a policy of terminating users who are deemed to be repeat infringers of the copyrights of others. If you believe that your work has been used on the Website in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement to:

Pivan Interactive
contact@uncanny.gg

Your DMCA Notice must identify the copyrighted work claimed to have been infringed, identify the material that is claimed to be infringing and its location, provide your full legal name, mailing address, telephone number, and email address, include a statement of good-faith belief that use of the material is not authorized by the copyright owner, and provide your electronic or physical signature.

Contact Information

If you have any questions about these Terms or the Services, please contact Pivan Interactive at contact@uncanny.gg.