Changes to Terms or Services
We may modify these Terms at any time, at our sole discretion. The modified Terms will be posted on the Site or through other communications if we choose to modify the Terms. You should regularly review the Terms as we modify them. If you continue to use the Services after we have posted modified Terms, you thereby agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services any more. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. By using the Services, you agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, or any portions of them. Certain features of our Services may be subject to additional guidelines, terms, or rules, which will accompany particular products or be posted on the Site. For example, our Games may be subject to a separate end user license agreement (“EULA”), which shall be considered a part of these Terms. If the EULA and these Terms contain contradicting or inconsistent terms, such terms shall be resolved by 3lb in our sole and absolute discretion.
User Data and Privacy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.
Rights and Terms for Spatial Computing Apps
Rights in App Granted by 3lb
Subject to your compliance with these Terms, 3lb grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Apps on a mobile device or computer that you own or control and to run such copy of the Apps solely for your own personal non-commercial purposes. You may not copy the Apps. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps; or (iv) make the functionality of the Apps available to multiple users through any means. 3lb reserves all rights in and to the Apps not expressly granted under these Terms.
Additional Terms for App Store Apps
If you accessed or downloaded the Apps from any app store or distribution platform (like the Apple Store, Meta Store, or Pico Store) (each, an “App Provider”), then you acknowledge and agree that:
These Terms are concluded between you and 3lb , and not with App Provider, and that, as between 3lb and the App Provider, 3lb is solely responsible for the Apps.
App Provider has no obligation to furnish any maintenance and support services with respect to the Apps.
In the event of any failure of the Apps to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the Apps to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Apps to conform to any warranty will be the sole responsibility of 3lb.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Apps or your possession and use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, 3lb will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Apps, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apps against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the Apps.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Apps nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Apps you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Demonstration Applications
By accessing and using the 3lb Demonstration Applications (“Demos”), you agree to the following Terms:
The 3lb Demos are provided free of charge and are intended for evaluation only. Users are strictly prohibited from sharing, selling, or making the 3lb Demos available to third parties for any purposes. Users are not allowed to incorporate the 3lb Demos into their own demonstration materials or presentations. Any unauthorized use or violation of these terms may result in the termination of your access to the Demos.
Purchase
In order to download our Games and Services, applications must be purchased from the App Provider. You will be required to register for an account (“Account” ) with the App Provider and agree to the Terms of that App Provider. You may also have the option to purchase in-game items, described below. We (or the App Provider) will charge your Account or credit card for such purchases. By selecting these items, products, services, or features, you agree to pay the applicable charges assessed to your Account. These fees do not include any charges from your mobile carrier (e.g. data or messaging plan charges) or your Internet service provider (e.g. Internet connectivity charges), which you are responsible for paying. If we offer a subscription-based service, we will charge your Account at the beginning of the subscription and on an ongoing monthly basis until you cancel. You must cancel your subscription before it renews to avoid the billing of the next month’s fees. You will not receive a refund for any partial month cancellation.
Virtual Goods
In our Games, you may be able to purchase virtual goods. For example, “Coins” are in-game cash that you may purchase through Apps or Software. Coins are not subject to refund, nor do they have any “real cash” value. However, you can use Coins for virtual purchases in the Games. You may only use Coins and such items in accordance with applicable law and these Terms. 3lb reserves the right to manage, regulate, control, modify, and/or eliminate its Services and all aspects of the Games (collectively, the “virtual goods”). All virtual goods remain property of 3lb. 3lb may modify any features or functionality of the virtual goods and any elements thereof in our sole discretion, which may make virtual goods more or less valuable, common, effective, or functional, or eliminate the virtual goods altogether. You agree and acknowledge that all virtual goods are only licensed (and not sold) under a limited license governed by these Terms and are not redeemable for any sum of money or monetary value from 3lb.
YOU AGREE THAT YOU WILL NOT ASSERT OR BRING ANY CLAIM AGAINST 3LB, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS RELATING TO (A) A CLAIM THAT YOU OWN ANY VIRTUAL GOODS; (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST UPON DELETION OR SUSPENSION OF YOUR ACCOUNT; (C) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST IF 3LB GAMES EXERCISES ITS RIGHTS UNDER THESE TERMS OR THE APPLICABLE END USER LICENSE AGREEMENT, OR FOR ANY MALFUNCTIONS AND/OR ERRORS IN THE GAMES; OR (D) A CLAIM THAT THE ALLEGED MONETARY VALUE OF THE VIRTUAL GOOD HAS INCREASED OR DECREASED DUE TO A MODIFICATION MADE OR PLANNED BY 3LB OR OTHERWISE.
Content and Content Rights
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through the Services, along with any Content that you and any other Account holders provide to be made available through the Services (“User Content”). Content includes without limitation User Content.
Content Ownership
Content
3lb does not claim any ownership rights in any User Content. These Terms will not be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, 3lb and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, patent, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of our Games, Sites, and/or Content (or any portion or derivative thereof), directly or indirectly, is strictly prohibited unless written consent is first obtained.
User Content
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by 3lb on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You hereby grant to 3lb a non-exclusive, transferable, sublicensable, perpetual, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content solely by making such User Content available through the Services, in connection with operating and providing the Services and Content to you and to other Account holders.
You can remove some of your User Content by specifically deleting it. Some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services.
By using the Services, you may be exposed to User Content in various forms, such as messages, images, text, information, or other materials that you may find objectionable. 3lb does not control such User Content and does not guarantee its accuracy, integrity or quality. User Content is the sole responsibility of the person transmitting the User Content. You are solely responsible for the User Content you transmit, and 3lb shall not be liable for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of such User Content. If you make User Content available on the Services, you agree and acknowledge that such Services are public and not private communications.
Special terms may apply if you submit User Content in connection with a contest or competition that we sponsor. If we specially request certain types of Content in connection with a contest or competition, you agree that, upon submission, you hereby assign all right, title, and interest to such submitted User Content (including any intellectual property rights therein) to 3lb. In the event you retain any moral rights in such submitted User Content, you hereby waive the right to assert any such rights in future.
User Responsibility and Restrictions
You are responsible for your conduct while using our Services. You agree to use our Services in accordance with all applicable law and regulations.
We are not obligated to monitor access to or use of the Services or Content or to review or edit any Content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice. This may include instances where we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy
3lb respects copyright law and expects all users to comply with applicable copyright law. It is 3lb’s policy to terminate in appropriate circumstances the Account(s) of holders who infringe or are believed to be infringing the rights of copyright holders.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by delivering a Notice providing the information requested below regarding the alleged infringement to 3lb’s Designated Copyright Agent. Upon receipt of the Notice as described below, 3lb will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material described herein is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyrighted material described herein or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to “3lb’s Designated Copyright Agent”:
c/o 3lb Games Inc
PO Box 361151
Grosse Pointe Woods, MI 48236
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 or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Warranty Disclaimers
Your access and use of our Services is at your own risk. You agree that any Content you submit to us through our Services is done at your own discretion and risk. You will be solely responsible for any loss or damage to your User Content. 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. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to thirty (30) days from the date of your first use of the Services.
Indemnification
You agree to indemnify and hold harmless 3lb, its affiliates, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content or your use of Select Game Content on your fansite, or (iii) your violation of these Terms. The foregoing indemnity will not be impaired or rendered inapplicable by the negligence of the indemnified party.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER 3lb 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, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 3lb HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL 3LB‘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 3lb FOR USE OF THE SERVICES OR CONTENT FOR THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 3lb.
Term and Termination
General Terms
These Terms, and the additional terms referred to within these Terms, constitute the entire and exclusive understanding and agreement between 3lb and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 3lb and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms 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.
You may not assign or transfer your rights and obligations under these Terms, by operation of law or otherwise, without 3lb’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. 3lb may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by 3lb under these Terms, including those regarding modifications to these Terms, will be given by 3lb : (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
3lb’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 3lb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Termination
You can terminate your Account at any time by deactivating your Account. Upon termination, all rights and licenses granted to you in these Terms immediately cease. If your account or access to our Services is terminated or suspended because you violated these Terms or the Terms of the App Provider, you will not be entitled to a refund of any kind, nor will any such amounts be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your Account. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Dispute Resolution
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of law provisions.
Agreement to Arbitrate
You and 3lb agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in WAYNE COUNTY, MICHIGAN, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and 3lb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and 3lb otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and 3lb otherwise agree, the arbitration will be conducted in DETROIT, MICHIGAN. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and 3lb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. 3lb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if 3lb changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to contactus@3lbgames.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of 3lb’s’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and 3lb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Miscellaneous
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at services@3lbgames.com (please do not use this email address to report issues playing our games — use support@3lbgames.com instead). 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.
Please do not send us creative ideas, suggestions or materials such as game ideas or original artwork. We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. This policy is in place to avoid any misunderstandings if 3lb develops projects that may seem similar to your creative work. In the event you submit any creative ideas, suggestions, or materials, you hereby irrevocably grant all right, title, and interest in such ideas, suggestions, or materials, including any intellectual property rights, to 3lb. To the extent you retain any moral rights in such ideas, suggestions, or materials, you hereby waive and agree never to assert such rights.
Contact Information
If you have any questions about these Terms or the Services, please contact 3lb Games at services@3lbgames.com.