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Terms of Service

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Written by Dougbear the Bugbear
Updated over 3 weeks ago

StartPlaying Platform

The StartPlaying Platform (“Platform”, “Service”) is an online marketplace operated by Qualleta, doing business as StartPlaying (“Company”, “we”, “our”, “us”). The Platform enables individuals (“User”, “you”, or “your”) to publish, offer, search for, and purchase online tabletop roleplaying experiences (“Games”). A User who publishes and offers Games is a “Game Master,” while a User who searches for, purchases, or participates in Games is a “Player.”

Your use of the StartPlaying Platform is also governed by our Privacy Policy, which explains how we collect, safeguard, and disclose information that results from your use of our Service.

If you do not agree to these Terms, you may not use the Service. If you have any concerns, please contact us at support@startplayinggames.com so we can assist you. Thank you for being responsible.

Access and Use of the StartPlaying Platform

a. Your Registration Obligations

The StartPlaying Platform may only be used by individuals who have created a User account and have the right and authority to enter into these Terms. To register for the Service, you must be of legal age to form a binding contract (which in many jurisdictions is 18 years old) and be fully able and competent to satisfy the terms, conditions, and obligations set forth herein. The StartPlaying Platform is not available to Users who have had their account temporarily or permanently deactivated.

You may not allow others to use your User account. You agree that you are the sole authorized user of your account and may not use your account on behalf of any third party unless expressly permitted by StartPlaying. Each person may only create one User account, and StartPlaying reserves the right to deactivate any additional or duplicate accounts. Participation in certain StartPlaying programs and use of specific Services may be subject to additional eligibility requirements as determined by StartPlaying.

No one under the age of 18 is permitted to create an account or otherwise use the Service. By registering, you affirm that you meet this age requirement. ‍Service is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.


b. Member Account, Password, and Security

You are solely responsible for maintaining the confidentiality of your password and account credentials and for all activities that occur under your account. You agree to:

(i) Immediately notify StartPlaying of any unauthorized use of your password or account or any other breach of security, and

(ii) Ensure that you log out from your account at the end of each session when accessing the Service.

StartPlaying will not be liable for any loss or damage resulting from your failure to comply with this Section.


c. General Practices Regarding Use and Storage

You acknowledge that StartPlaying may establish general practices and limits concerning use of the Service, including, but not limited to, the maximum duration data or other content will be retained by the Service and the maximum storage space allocated to you on StartPlaying’s servers. StartPlaying has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Service.

Additionally, you acknowledge that StartPlaying reserves the right to terminate accounts that are inactive for an extended period of time.

d. Additional Services

StartPlaying may offer additional products, services, or features (each an “Additional Service”) from time to time. These Additional Services may be subject to additional terms, conditions, fees, or guidelines (“Additional Service Terms”). Any Additional Service Terms will be incorporated into these Terms. In the event of any conflict between these Terms and the Additional Service Terms, the Additional Service Terms shall control as they relate to the Additional Service.


e. Modifications to Service

StartPlaying is constantly developing new features to improve the Services and enhance your experience. As part of this continual improvement, StartPlaying may add or remove features and functionalities, adjust limits, introduce new Services, or discontinue existing ones. StartPlaying reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

If we make material changes that result in a substantial negative impact on your use of our Services or if we stop offering a Service, we will provide reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operational issues. You agree that StartPlaying will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.


f. StartPlaying ‍Contests, Sweepstakes and Promotions

StartPlaying may offer trials, contests, sweepstakes promotions, or discounts (“StartPlaying Promotion(s)”), all of which will be subject to applicable terms. Please review the details of any such offer carefully, as additional terms presented during the signup or redemption process will form part of these Terms. Unless explicitly stated in writing, all discount offers requiring payment are non-refundable.

Any trial or promotion must be used within the specified time frame. If applicable, ongoing subscriptions will automatically renew at the then-applicable full price unless you cancel prior to renewal. StartPlaying reserves the right to determine eligibility for a trial, promotion, or discount, and, subject to applicable laws, may withdraw or modify a trial, promotion, or discount at any time without prior notice and with no liability, to the greatest extent permitted under the law.

Any suspected or actual fraudulent behavior in connection with a Promotion may result in suspension or removal from StartPlaying. StartPlaying is not responsible for special offers or promotions provided by Game Masters.


G. Communications

‍By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at. Transactional emails cannot be unsubscribed to, these include receipts and user confirmations.



Code of Conduct

The StartPlaying Code of Conduct (“Code”) establishes mandatory behavioral expectations for all users of the StartPlaying platform, including Players, Game Masters, and employees. By using StartPlaying, you agree to comply with this Code, as well as StartPlaying’s Terms of Service and other applicable policies. Violations of this Code may result in account suspension or permanent removal from the platform at StartPlaying’s sole discretion.

This Code is a legally binding agreement that applies to all interactions within the StartPlaying community, including but not limited to in-game interactions, platform communications, and discussions on any StartPlaying-affiliated spaces (such as the website, Discord server, or support channels).

StartPlaying reserves the right to modify this Code at any time, with or without prior notice. Continued use of the platform after any updates constitutes acceptance of the revised Code.

Purpose of the Code of Conduct

StartPlaying is committed to fostering a safe, inclusive, and respectful gaming environment. Roleplaying is a cooperative activity, meaning the quality of the experience is directly impacted by the behavior of its participants. To ensure a positive and accessible experience for all, adherence to this Code is required.

This Code:

• Defines expected behavior for all users.

• Sets clear guidelines on unacceptable conduct.

• Establishes accountability measures for violations.

All users, including Players, Game Masters, and StartPlaying employees, are subject to this Code. By participating in any activity on the StartPlaying platform, you acknowledge and agree to uphold these standards.

Enforcement & Penalties

StartPlaying operates under a three-strike policy for violations of this Code. Users will be explicitly notified by StartPlaying’s support team if a strike has been issued against their account. However, certain egregious violations may result in immediate account termination at the sole discretion of StartPlaying’s Head of Customer.

All reports and enforcement actions will be handled discreetly and confidentially as possible. Reports will be assumed to be anonymous unless the reporter explicitly requests otherwise.

If you have concerns about another user’s behavior or believe this Code of Conduct should be improved, please contact StartPlaying’s support team.

Final Acknowledgment

This Code of Conduct is a living document and may be updated periodically. By continuing to use StartPlaying, you agree to abide by the most current version of this Code. StartPlaying will make reasonable efforts to notify users of changes, but it remains each user’s responsibility to review and adhere to the updated Code.

Game Themes

Game Content and Thematic Disclosures

Users acknowledge that roleplaying games hosted on the StartPlaying platform may include sensitive or mature themes, which may involve, but are not limited to: mind-influencing magic, substance use, addiction, human sacrifice, fantasy or non-fantasy-based racism and prejudice, prostitution, violence, robbery, torture, and murder.

Under no circumstances shall games include non-consensual sexual content or any depiction of sexual acts involving minors. Users are strictly prohibited from making references—whether explicit, implicit, or offhand—to non-consensual sexual acts or any form of sexual content involving minors. Violations of this policy may result in immediate removal from the platform, account termination, and/or legal action where applicable.

StartPlaying recognizes that players may have personal histories or experiences that make certain themes distressing. Users participating in games acknowledge that:

  • The Game Master (GM) will make reasonable efforts to disclose anticipated mature themes prior to gameplay.

  • It remains the responsibility of each participant to assess their personal comfort level prior to engaging in a game. If a player is aware that they may be adversely affected by certain themes, it is strongly recommended that they refrain from participating in games where such themes are likely to arise.

StartPlaying supports the belief that roleplaying games provide a lens through which players may explore complex social and philosophical issues. Similar to how science fiction and fantasy literature presents distorted reflections of real-world philosophical or political discourse, certain game settings may contain elements that reflect historical or contemporary societal challenges.

While bigotry based on protected characteristics is generally discouraged as a game theme, it may be present in a historical or narrative context when handled with maturity and sensitivity (e.g., a game set during the American civil rights movement may acknowledge the racial struggles of the era rather than omitting them). The Game Master retains discretion over the inclusion of such themes and is expected to handle them responsibly.

By continuing to use the StartPlaying platform, users agree to adhere to these content guidelines and acknowledge that failure to comply may result in corrective action, up to and including account suspension or termination.

A special acknowledgment is given to Profound Decisions for their contributions to tabletop gaming conduct standards.

Amendments & Content Ownership

StartPlaying does not claim ownership over a user’s brand, artwork, or content. However, by using the platform, you grant StartPlaying a non-exclusive, worldwide, royalty-free license to use your content for promotional purposes, including but not limited to marketing, platform enhancements, and community engagement.

Payment Terms

a. General

When making a purchase on the StartPlaying Platform, you will see your total charges at checkout, which will include the purchase price and any applicable fees and taxes (“Total Price”). All Total Prices are payable in the currency specified on the StartPlaying Platform at the time of purchase.

To complete a purchase (“Purchase”), you may be required to provide payment details, including but not limited to your credit card number, expiration date, billing address, and other relevant information. By providing this information, you represent and warrant that:

(i) You have the legal right to use the payment method(s) provided.

(ii) The information you provide is accurate, complete, and current.

StartPlaying may use third-party payment services to process transactions securely. By submitting your payment information, you authorize StartPlaying to share this information with third parties as necessary to complete the transaction, subject to our Privacy Policy.

b. Fees & Charges

Applicable fees may include StartPlaying’s processing fees and applicable taxes (collectively, “Other Fees”), which you are solely responsible for paying. StartPlaying reserves the right to modify and/or change these fees at any time, including but not limited to processing fees, maintenance fees, and fees related to Additional Services. Fee changes will be effective immediately unless otherwise stated.

If a Player disputes any charges, they must notify StartPlaying within forty-eight (48) hours of the charge.

c. Cancellations & Fraud Prevention

StartPlaying reserves the right to refuse or cancel any Purchase at any time for reasons including, but not limited to:

  • Product or service availability

  • Errors in the description or pricing of a product or service

  • Errors in the Purchase details provided

  • Suspected fraud, unauthorized transactions, or illegal activity

If a Purchase is canceled due to suspected fraud or an unauthorized transaction, StartPlaying may take additional measures, including account suspension or termination.

d. Refunds

Your purchase may be eligible for refunds in certain circumstances. Details on how refunds work on StartPlaying can be found at our Refunds Policy.

Conditions of Use & Platform Rules

StartPlaying acts solely as the provider of the Platform and does not own, create, sell, resell, control, offer, or manage any Games. By using the Service, you acknowledge and agree that:

  1. (StartPlaying is not a party to any agreements entered into between Game Masters and Players;

  2. StartPlaying provides the Platform to facilitate the listing, purchase, and provision of Games;

  3. Players contract directly with Game Masters for Games;

  4. StartPlaying is not a broker, agent (except when serving as a limited agent of each Game Master for the purpose of collecting and accepting payments from a Player on behalf of the Game Master for the game price set by the Game Master), or insurer; and

  5. StartPlaying disclaims all liability for the conduct of Game Masters, Players, or any other Users of the Platform.

a. User Conduct

You are solely responsible for all content, including but not limited to text, images, videos, data, software, music, sound, graphics, and messages (“Content”), that you upload, post, publish, or otherwise use via the StartPlaying Platform.

StartPlaying’s technology, software, and platform infrastructure (the “Software”) are the property of StartPlaying and its affiliates. You agree not to copy, modify, create derivative works of, reverse engineer, disassemble, or otherwise attempt to discover any source code, nor sell, assign, sublicense, or transfer any rights to the Software. Any rights not expressly granted herein are reserved by StartPlaying. You agree not to help or induce others to break or circumvent these rules.

The following activities are strictly prohibited on the StartPlaying Platform. Violating any of these platform rules will result in a strike or ban and removal from the platform. Any violation may also result in account suspension, termination, or legal action:

1. Illegal, Harmful, or Prohibited Content

  • Uploading, posting, or sharing content that infringes intellectual property rights, contains viruses or malicious code, creates security risks, constitutes spam or unauthorized advertising, or is otherwise unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, invasive of privacy, or objectionable in StartPlaying’s sole discretion.

2. Disrupting the Service

  • Interfering with or disrupting the Platform, circumventing security measures, scraping or extracting data, hacking, or otherwise attempting to manipulate StartPlaying’s operations or technology.

3. Circumventing Payments & Fees

  • Requesting, accepting, or making payments outside of the StartPlaying Platform to avoid fees or for any other reason. This includes payments via PayPal, Venmo, CashApp, or other third-party services if the transaction originated from StartPlaying. This includes taking payment via Paypal, Venmo, Cashapp, or any other service from users who came from StartPlaying website, app, Discord server, and/or engage with a game, messaged, or discovered you on StartPlaying.

  • Splitting tables—every player in a session listed on StartPlaying must be registered and paying through StartPlaying.

4. Fraudulent Behavior

  • Creating fake accounts, manipulating the referral system, review system, or site-wide statistics, including reviewing your own games or double-scheduling overlapping games. All credits on StartPlaying are non-transferable.

5. Unauthorized Commercial Use

  • Using another user’s personal information for commercial messages without their express consent.

  • Using StartPlaying tools for tables that are not arranged on the StartPlaying platform.

  • Advertising or offering to sell services unrelated to StartPlaying without authorization.

6. Impersonation & Privacy Violations

  • Impersonating another user, falsely stating your affiliation with a person or entity, or soliciting personal information violates StartPlaying’s Privacy Policy.

  • Using the Platform’s messaging tools to send unsolicited messages, including marketing materials.

  • You may only use another user’s personal information as necessary to facilitate a transaction/session using the StarPlaying Platform as authorized by these Terms.

  • Do not use the StartPlaying Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.

7. Manipulation & Exploitation

  • Engaging in practices intended to manipulate search algorithms or rankings.

  • Using bots, crawlers, scrapers, or automated tools to collect data from StartPlaying.

  • Copying, displaying, mirroring, framing, or otherwise misusing StartPlaying branding, platform design, or content without explicit consent.

  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the StartPlaying Platform or Content.

  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the StartPlaying Platform. Do not take any action that could damage or adversely affect the performance or proper functioning of the StartPlaying Platform.

8. Termination

  • We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  • Effects of Termination. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and you acknowledge and agree that Qualleta may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Terminating your account may not affect the availability of some of Your Content that you posted through the Services prior to termination, and you will still have to pay any outstanding fees you owed through the Services. Further, you agree that Qualleta will not be liable to you or any third party for any termination of your access to the Service.

b. Compliance & Export Controls

StartPlaying’s Software and any applicable data transmission are subject to U.S. export controls and may not be downloaded or re-exported in violation of these laws. You agree to comply with all applicable local, state, national, and international laws regarding your use of the Service.

c. Reporting Violations

If you believe a User, Game Listing, or Content violates our Code of Conduct or these Terms, you should report your concerns to StartPlaying at support@startplayinggames.com.

d. Enforcement & Penalties

Violating any of these platform rules may result in a strike, ban, or permanent removal from the platform at StartPlaying’s sole discretion.

Here’s a streamlined and integrated version incorporating all relevant details while ensuring clarity and alignment with StartPlaying’s policies:

e. ‍Prohibited Uses

‍You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service: In any way that violates any applicable national or international law or regulation. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability. Additionally, you agree not to: Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent. Use any device, software, or routine that interferes with the proper working of Service. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service. Attack Service via a denial-of-service attack or a distributed denial-of-service attack. Take any action that may damage or falsify Company rating. Otherwise attempt to interfere with the proper working of Service.

Content & Intellectual Property Rights

a. User Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for any User Content you upload, post, or display on the StartPlaying Platform, including its legality, reliability, and appropriateness.

You may use content made available through the StartPlaying Platform solely as necessary to enable your use of the StartPlaying Platform as a Player or Game Master. Do not use any StartPlaying tools for tables that are not arranged on the StartPlaying platform.

By submitting, posting, or otherwise uploading User Content on or through the Service, you represent and warrant that:

  1. You own or have the necessary rights to use and grant us the rights and licenses outlined in these Terms.

  2. Your Content does not infringe on the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

You retain ownership of any intellectual property rights in the User Content you submit, post, or display on the Service, and you are responsible for protecting those rights. However, by posting Content through the Service, you grant StartPlaying a worldwide, non-exclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license to:

  • Use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such Content for the purpose of operating, marketing, improving, and providing the Service.

  • Share your Content with other users of the Service, who may also use your Content subject to these Terms.

StartPlaying reserves the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion if it violates these Terms or is otherwise objectionable.

b. Service Content & Intellectual Property

The StartPlaying Platform, including its original content (excluding User Content), features, and functionality, is and will remain the exclusive property of StartPlaying and its licensors. The Service, including its technology, software, and platform infrastructure (the “Software”), is protected by copyright, trademark, and other laws of the United States and international intellectual property laws.

Except as expressly authorized by StartPlaying, you agree not to:

  • Copy, modify, create derivative works from, distribute, or reverse engineer any part of the Software.

  • Scrape, rent, lease, sell, or transfer any rights to the Software or Service Content.

  • Use StartPlaying’s branding, trademarks, or trade dress in any way without prior written permission.

All goodwill generated from the use of StartPlaying’s trademarks is for StartPlaying’s exclusive benefit.

c. Third-Party Content & Liability

Under no circumstances will StartPlaying be liable for any content or materials from third parties (including Users), including but not limited to any errors, omissions, or damages arising from such content. You acknowledge that StartPlaying may, but is not required to, pre-screen or remove content at its sole discretion. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

d. Feedback & Submissions

Any questions, comments, suggestions, ideas, or feedback (“Submissions”) provided to StartPlaying are considered non-confidential. StartPlaying may use and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

e. Copyright Complaints & DMCA Compliance

StartPlaying respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been infringed, you should submit a Digital Millennium Copyright Act (“DMCA”) takedown request to support@startplayinggames.com (Subject line: “DMCA Takedown Request”) with the following:

  1. A description and proof of ownership of the copyrighted work, including any registration number, if applicable.

  2. Your physical or electronic signature or that of an authorized representative.

  3. A description and specific link to the allegedly infringing content.

  4. Your contact information (address, phone number, and email).

  5. A statement that you have a good faith belief that the disputed use is unauthorized.

  6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Each notice is limited to ten (10) individual claims per submission. If more than ten claims are included, StartPlaying will only address the first ten in that notice.

f. Content Preservation & Disclosure

StartPlaying may preserve content and disclose it if required by law or if we believe in good faith that such disclosure is necessary to:

  1. Comply with legal obligations or government requests.

  2. Enforce these Terms.

  3. Respond to claims of content violations.

  4. Protect the rights, property, or personal safety of StartPlaying, its Users, or the public.

Technical processing of content may involve transmissions over various networks and modifications to meet technical requirements of connecting networks or devices.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Qualleta has no control over such sites and resources and Qualleta is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Qualleta will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. The third parties may require you to accept their own terms of use. Qualleta is not a party to those agreements; they are solely between you and the third party. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Qualleta is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Google (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our. For more information about the implications of activating these Social Networking Services and Qualleta’s use, storage and disclosure of information related to you and your use of such services within Qualleta (including, but not limited to, your friend lists), please see our. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Qualleta shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Qualleta is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Qualleta is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Qualleta enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Analytics

‍We may use third-party Service Providers to monitor and analyze the use of our Service.

‍Google Analytics

‍Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=enWe also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

‍Error Reporting and Feedback

‍You may provide us either directly at support@startplayinggames.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. The third party sites and tools mentioned above include the following:

‍Bugsnag

‍Bugsnag is a platform for monitoring and logging stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/

‍ACRA

‍ACRA or Application Crash Reports for Android is monitoring platform. Please find more information here: https://github.com/ACRA/acra

‍Rollbar

‍Rollbar is error tracking service provided by Rollbar Inc. Find out more here: https://docs.rollbar.com/docs/privacy-policy

Sentry

Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/

‍Raygun

‍Raygun is automated error monitoring software provided by Raygun Limited. Privacy Policy is accessible at https://raygun.com/privacy/

‍Firebase Crashlytics

‍Firebase Crashlytics is bug reporting service provided by Google Inc.You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=enFor more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Indemnity and Release

You agree to release, indemnify and hold Qualleta and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of or connection to the Service, any User Content, and/or your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Qualleta expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Qualleta makes no warranty that:

  1. the service will meet your requirements,

  2. the service will be uninterrupted, timely, secure, or error-free,

  3. the results that may be obtained from the use of the service will be accurate or reliable, or

  4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Qualleta makes no representations or warranties as to the conduct of users on the Qualleta platform or service.

There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). While Qualleta strives to provide a safe environment for its users, you agree that all of these risks are ultimately borne by you, and not Qualleta. Qualleta does not control the behavior of users or the quality of the games. As a result, the games are offered and sold by independent game masters, and Qualleta cannot guarantee the authenticity, safety, legality, or appropriateness of the games. Any legal claim related to a game you purchase must be brought directly against the game master who offered the game. You release Qualleta from any claims related to classes offered through the services.

Limitation of Liability

You expressly understand and agree that Qualleta will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Qualleta has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from:

  1. the use or the inability to use the service;

  2. the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, messages received, or transactions entered into through or from the service;

  3. unauthorized access to or alteration of your transmissions or data;

  4. statements or conduct of any third party on the service; or

  5. any other matter relating to the service.

In no event will Qualleta’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Qualleta in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms, your sole and exclusive remedy is to discontinue use of the service.

If you are a user from New Jersey, the foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of these sections is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

General

  1. These Terms constitute the entire agreement between you and Qualleta and govern your use of the Service, superseding any prior agreements between you and Qualleta with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

  2. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Qualleta agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.

  3. The failure of Qualleta to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

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

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

  6. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  7. You may not assign these Terms and/or your Account without the prior written consent of Qualleta, but Qualleta may assign or transfer these Terms, in whole or in part, without restriction.

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

  9. ‍We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

  10. These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Waiver And Severability

‍No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

‍Acknowledgement

‍BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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