Effective Date: October 17, 2023
These Terms of Use govern your use of SwarmStorm Studio's services, games, and products. Please read these terms carefully.
Important Notice: SwarmStorm Studios is a DBA (Doing Business As) for Cyb3r World Inc. in the state of New York.
These Terms of Use ("Terms") set forth a legally binding agreement between you and Swarm Storm Studios LLC or its affiliates ("Swarm Storm Studios", "we", "our", or "us"), and govern your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location, including, without limitation:
(collectively, the "Game").
In some instances, both these Terms and separate terms elsewhere will apply to your use of the Game ("Additional Terms"). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
By using the Game, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Game.
This website is operated by Swarm Storm Studios. Throughout the site, the terms "we", "us" and "our" refer to Swarm Storm Studios. Swarm Storm Studios offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The Game contains: (i) materials and other items relating to Swarm Storm Studios and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, databases, articles, posts, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Game, and the compilation, assembly, and arrangement of the materials of the Game and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Swarm Storm Studios; and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). All right, title, and interest in and to the Game and the Content is the property of Swarm Storm Studios or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Subject to your strict compliance with these Terms and any applicable Additional Terms, Swarm Storm Studios grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Game and Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a "Device"), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Game or any Content, and (ii) may be suspended or terminated for any reason, in Swarm Storm Studios's sole discretion, and without advance notice or liability. Your unauthorized use of the Game or 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.
To access the Game, you must register, or have registered, an account with Swarm Storm Studios or a supported Third-Party Identity Provider ("IdP"). When registering an account using an IdP, you agree to:
Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
We reserve the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Game due your violation of these Terms, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Game.
You may not use the Game unless you are at least seventeen (17) years old. You also agree on adhering to our community guidelines. Swarm Storm Studios ensures safety, respect, and enjoyment of all users by establishing the following guidelines:
You may not:
You further agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Game and Content.
Swarm Storm Studios may suspend or terminate the availability of the Game and Content, in whole or in part, to any individual user or all users, for any reason, in Swarm Storm Studios's sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Game, or upon notice from Swarm Storm Studios, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Game and Content.
All rights not expressly granted to you are reserved by Swarm Storm Studios and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Game or Content for any purpose is prohibited.
We may allow you the ability to chat or otherwise interact with other players through the Game. When you submit any text, images, sounds, videos, digital streams, techniques or other content, as well as any unsolicited ideas, feedback, or opinions, through or relating to the Game and/or any Content therein ("Submissions"), you grant Swarm Storm Studios and its distributors permission to the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.
In addition to the foregoing, you hereby grant to Swarm Storm Studios and its distributors the royalty-free, transferrable, sublicensable, worldwide, irrevocable, perpetual right, but not the obligation, to use your name, image, likeness, voice, biographical information, profile picture and game character, social media handle, and social media avatar related to the game in any media now known or hereinafter devised, in connection with your use of the Game and Content, including, without limitation, in leaderboards and related rankings, the Game, and any marketing or promotion thereof.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section, and that the use thereof in accordance with the terms herein shall not cause Swarm Storm Studios and its distributors to incur any costs, fees, or expenses. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submissions and remain responsible for them.
For any questions concerning content moderation of the Game and/or your Submission, please contact the applicable Third Party Service. For questions related to the technical aspect(s) of the Game, please contact Swarm Storm Studios at hi@swarmstorm.studio. You acknowledge that the provision of any technical support hereunder is at Swarm Storm Studios's sole discretion and that we have no obligation to provide you with customer support of any kind.
All legal notices to us must be mailed to:
REGISTERED AGENTS INC.
90 STATE STREET, SUITE 700, OFFICE 40
ALBANY, NY, 12207, USA
(Acting on behalf of Swarm Storm Studios)
The Game may offer features that are available to you via your wireless Device including the ability to access the Game's features and upload content to the Game (collectively, "Wireless Features"). By using the Game, you agree that Swarm Storm Studios may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Game. Data rates and other carrier fees may apply.
If you have location-based features on your wireless Device, you acknowledge that your Device location may be tracked and shared consistent with the Privacy Policy. You can terminate location tracking by adjusting the permissions in your Device. Location-based features are used at your own risk and location data may not be accurate.
We may communicate with you based on preferences you provide to us. If you have opted-in to receive push notification on your Device, you can opt-out at any time by adjusting the permissions within your account settings.
We may, from time to time, permit you to use real-world money to buy Virtual Content. "Virtual Content" is a generic term for the products and services available to users free of charge, via code card redemption, or for purchase within the Game which may be used within the Game to access certain features, functions, and other Virtual Content. Virtual Content includes but is not limited to Season Passes and Influence Point packs.
We may, from time to time, and at our sole discretion, provide opportunities for users to acquire certain Virtual Content free of charge, at reduced rates, or as bonus content when you acquire other Virtual Content. You may only acquire Virtual Content in the amount and at times permitted by us in our sole discretion and may only purchase Virtual Content for your personal use within the Game. The inclusion of any Virtual Content at a particular time does not imply or warrant that the same Virtual Content will be available at any or all times. All features, content, capabilities, and specifications of Virtual Content described or depicted in the Service are subject to change at any time without notice.
Virtual Content does not have monetary value, and may not be redeemed for legal currency, services, or items of value outside of the Game. Virtual Content obtained via the Game is provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Game. You have no property interest; right or title in or to any Virtual Content appearing or originating in the service, and Virtual Content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to Virtual Content at any time and at our sole discretion.
For all charges for any Virtual Content sold in the Game, our payment processor acting on our behalf will bill your credit card or alternative payment method. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. In the event that your credit card or alternative payment provider refuses to pay us for an amount credited to your account, we will have the right to delete the Virtual Content from your account. You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.
ALL PURCHASES OF VIRTUAL CONTENT ARE NON-RETURNABLE AND NON-REFUNDABLE.
If you use Virtual Content in the Game, you lose any statutory right of withdrawal because we begin performing our services upon your completed purchase of the Virtual Content. If through some problem with your account or any other reason you lose Virtual Content and we can verify that you had it, we will make commercially reasonable efforts to replace it.
YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CONTENT WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights for your purchase of Virtual Content under local law.
The Game contains content and services from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties, including, without limitation, Keywords International Limited ("Third Party Services"). We may also integrate third party technologies into the Game and host our Content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them.
THE GAME IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER SWARM STORM STUDIOS NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SWARM STORM STUDIOS PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE GAME, CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SWARM STORM STUDIOS PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE GAME, (B) THESE TERMS OR (C) YOUR MISUSE OF THE GAME OR ANY CONTENT AVAILABLE ON OR THROUGH THE GAME.
You agree to defend, indemnify and hold harmless the Swarm Storm Studios Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys' fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Game or any Content available on or through the Game; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SWARM STORM STUDIOS OR A LICENSOR OF SWARM STORM STUDIOS.
Swarm Storm Studios responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
Our designated agent is:
Legal Department
REGISTERED AGENTS INC.
90 STATE STREET, SUITE 700, OFFICE 40
ALBANY, NY, 12207, USA
Email: dmca@swarmstormstudios.com
(Acting on behalf of Swarm Storm Studios)
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
We will respond to counter notifications in accordance with the DMCA.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them through the Game. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Game.
No Swarm Storm Studios consent or approval may be deemed to have been granted by Swarm Storm Studios without being in writing and signed by an officer of Swarm Storm Studios.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Game, including sections on Game Use (except for the limited license), Submissions, Copyright Infringement, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Game and supersede any prior agreements, representations, warranties, assurances or discussion related to the Game. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Swarm Storm Studios in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Swarm Storm Studios controls and operates the Game from the U.S., and Swarm Storm Studios makes no representation that the Game is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Game.
Swarm Storm Studios reserves the right to investigate and prosecute any suspected breaches of these Terms or the Game. Swarm Storm Studios may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You and Swarm Storm Studios agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Swarm Storm Studios's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Swarm Storm Studios may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Game, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described herein.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator.
Arbitration under this agreement shall be held in the United States in San Francisco, CA under California law without regard to its conflict of laws provisions.
The arbitrator will decide the rights and liabilities, if any, of you and Swarm Storm Studios, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms.
You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco, CA.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Your submission of personal information through the store is governed by our Privacy Policy.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold harmless Swarm Storm Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We respect the intellectual property of others and ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the necessary information, including a description of the copyrighted work, the location on the site where the alleged infringement is occurring, and your contact details.
All items purchased from Swarm Storm Studios are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We attempt to be as accurate as possible in our product descriptions. However, we do not warrant that product descriptions or other content on the site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Swarm Storm Studios grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Swarm Storm Studios. This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
This site and all information, content, materials, products, and services included on or otherwise made available to you through this site are provided by Swarm Storm Studios on an "as is" and "as available" basis, unless otherwise specified in writing. Swarm Storm Studios makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, or services included on or otherwise made available to you through this site, unless otherwise specified in writing.
By visiting Swarm Storm Studios, you agree that the laws of the United States, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Swarm Storm Studios.
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to Swarm Storm Studios. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions about the Terms of Service should be sent to us at hi@swarmstorm.studio
REGISTERED AGENTS INC.
90 STATE STREET, SUITE 700, OFFICE 40
ALBANY, NY, 12207, USA
Email: hi@swarmstorm.studio
(Acting on behalf of Swarm Storm Studios)