Storm the Capitol Terms of Service

The following terms of service apply only to Storm the Capitol: TrueAnon edition.

TERMS AND CONDITIONS

Please read the Terms and Conditions (“Terms”) set forth below carefully before purchasing or using the Storm the Capitol board game (“Game”) as they contain important information and affect your legal rights.

For purposes of these Terms, the words “purchaser”, “user”, “you”, and “your”, means you as the purchaser or user of the Game, on your own behalf or as an authorized representative of a company or other entity, and “us”, “we”, and “our”, means Creamhound LLC, TrueAnon.com, Sinistria Metallurgy LLC, and Djoubuti Rare Earth Minerals LLC, and our agents, owners, employees, officers, directors, affiliates, and representatives.

By purchasing or using the Game, you acknowledge you have read, understand, accept, and agree to be bound and abide by these Terms and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree to these Terms, or you are otherwise ineligible under the Terms herein, you may not purchase the Game or must immediately stop using the Game.

AS OUTLINED MORE FULLY IN THE “GOVERNING LAW AND DISPUTE RESOLUTION” SECTION BELOW, THESE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES CONCERNING THE GAME OR THESE TERMS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

BY PURCHASING OR USING THE GAME YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE ARBITRATION PROVISION, ALL DISCLAIMERS, AND ALL LIMITATIONS OF LIABILITY, YOU MAY NOT PURCHASE OR USE THE GAME.

Amendment

We reserve the right to amend these Terms at any time without notice in our sole discretion, and by purchasing or continuing to use the Game, you confirm your acceptance of the revised Terms.

MATURE CONTENT WARNING

The Game contains content that is only intended for mature audiences. This includes themes and language that are not suitable for minors. Player discretion is advised.

Eligibility

The Game is intended for players who are at least 18 years of age or other legal age of majority as determined by the law of your domicile. If you are under 18 years of age or the legal age of majority under applicable law, you are prohibited from purchasing or using the Game, as the Game is not intended for minors and may contain graphic or literary content that some people may consider offensive. The Game is only for your private personal use. Players are expected to use discretion and play the Game in appropriate settings. The Game shall not be played in the presence of minors or in environments where the content may be offensive or inappropriate for specific audiences.

In order to be eligible to purchase or use the Game, you represent and warrant that: (a) you are at least 18 years of age or other legal age of majority as determined by the law of your domicile; (b) you are of legal age to form a binding contract and agree to these Terms under applicable law; (c) you are not located in a country that is subject to a U.S. government embargo and you have not been identified as a Specially Designated National or placed on any U.S. government list of prohibited, sanctioned, or restricted parties; (d) you have agreed to be bound by all of the provisions of these Terms; and (e) you agree that you will not harass, bully, abuse, threaten, incite violence, engage in any violent conduct, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity and/or violate any applicable law, regulation or treaty while using or in connection with the Game.

CONTENT DISCLAIMER

By purchasing or using the Game, you acknowledge that you have been duly warned about the nature of the Game and its content. While some elements of the Game may have been inspired by or adapted from real events, they have been fictionalized and dramatized for creative and expressive purposes and are not, and should not be considered as, a factual account of or an accurate portrayal of particular historical events. Instead, the Game is an artistic interpretation dramatizing and using real historical events as a backdrop for a work of fiction and is meant for entertainment purposes only. The Game does not represent reality or make any claims about actual occurrences. The creators of the Game have no intention to offend or harm any individual, group or community and the inclusion of any references to real events or individuals in the Game does not imply endorsement, approval, or sponsorship. There is no affiliation, connection, or association between any of the individuals depicted in the Game and the Game or its creators. Nothing in the Game or its content or elements encourage or promotes any violence of any kind against any individual, group or community, and nothing in the Game or its content or elements can be construed or interpreted as promoting or encouraging such conduct.

Disclaimer OF WARRANTIES

You understand, acknowledge and agree that WE PROVIDE THE GAME “AS IS” AND we make no representations or warranties, express or implied, with respect to any aspect of the Game AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, to the fullest extent under applicable law.

WE MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, ACCURATE OR ERROR-FREE, OR BE FREE FROM MISTAKES OR DEFECTS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND POSSIBLE USEFULNESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THE GAME.

Limitation of Liability

YOU PURCHASE AND/OR USE THE GAME AT YOUR OWN RISK, voluntarily assume all risks associated with Game and the content, including but not limited to, exposure to adult themes and language, AND You are solely responsible for assessing the appropriateness of the Game for their intended audience and environment. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY, EMOTIONAL OR PYSCHOLOGICAL DISTRESS, OR DEATH, RESULTING FROM USE OF THE GAME, ANY CONTENT POSTED ON OR THROUGH THE GAME, OR CONDUCT OF ANY USERS OF THE GAME, INCLUDING, BUT NOT LIMITED TO, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OR RESULTING FROM YOUR PURCHASE OR USE OF THE GAME, INCLUDING, BUT NOT LIMITED TO THOSE RESULTING FROM ANY DIRECT OR INDIRECT LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, ERRORS, OR INACCURACIES OF ANY KIND. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF THE GAME OR CONTENT, EXCEED THE AMOUNT PAID BY YOU FOR THE GAME, IF ANY, OR FIFTY DOLLARS (USD$50.00) (WHICHEVER IS LESS).

Release

You release us and our agents, owners, employees, officers, directors, affiliates, and representatives from any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses (actual and consequential of every kind and nature, known and unknown) arising out of or in any way connected with the Game. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Intellectual Property

The Game and all elements, components, and features and are owned by us and are protected by U.S. Copyright Act and other intellectual property laws. The trademarks and logos displayed on the Game are protected by the Lanham Act and other intellectual property laws. All rights in and to the Game and its content are hereby expressly reserved, including without limitation copyright and the right to make derivative works, in whole and in part, throughout the world, in the Game and all elements embodied within the Game. Neither the availability of, nor anything contained in the Game or any of these Terms shall be construed as conferring any license in the Game or any of its content, components and features to you in any way, whether by implication, estoppel, or otherwise.

You are prohibited from, and agree not to engage in any copying, reproducing, modifying, distributing, publicly displaying, preparing derivative works based on, publicly performing, selling, reselling, distributing, licensing, sublicensing, or transmitting of the Game, and portion of the Game, or any of its content or elements for commercial or promotional purposes, or using any trademark for any purpose, without our express, prior written consent.

We support the protection of intellectual property. If you believe that the Game contains elements that infringe your copyrights or other intellectual property rights, please follow the procedures set forth in the “DMCA” section of these Terms.

DMCA

If you believe in good faith that your copyright in a work has been infringed, you should notify our Designated Agent (as identified below) immediately. To be effective, the notification must include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work claimed to have been infringed;
• Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an email address;
• Identification of the material that is allegedly infringing and a description of where the allegedly infringing material is located on the Platform;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent or the law; and
• A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is the copyright owner or authorized to act on behalf of the copyright.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), we have designated an agent (the “Designated Agent”) for notification of claimed infringement with the U.S. Copyright Office in accordance with the terms of the DMCA and we reserve the right to avail ourselves of the protections of the DMCA. You can send your notification to our Designated Agent for Copyright Infringement notifications:

Attention: Copyright Agent

NAME

MAILING ADDRESS

copyright@trueanon.com

We may give notice to our users that we have received a notice of infringement by means of a general notice through our Platform, email to a user’s email address in our records, or by written communication sent to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing content or an agent of such person.

We suggest that you consult your legal advisor before serving a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Indemnification

You agree to defend, indemnify, and hold us our agents, owners, employees, officers, directors, affiliates, and representatives harmless from and against any and all liabilities, claims, demands, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with the Game or its content or elements), proceedings, investigations, or subpoenas, including legal expenses such as attorneys’ fees, made by any user or third party that arise from your use or misuse of the Game or it content or elements, your violation of these Terms, your violation of applicable laws or regulations, or your actions or inactions or the use of any material or content from the Game. We reserve the right but do not have any obligation to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Governing Law and Dispute Resolution

These Terms and any disputes, claims, or controversies that result from your purchase or use of the Game shall be governed by and construed solely and exclusively in accordance with the internal laws of the State of New York without giving effect to any law that would result in the application of the law of another jurisdiction and shall be considered to have been entered into and executed in New York, New York. You expressly agree that you consent to jurisdiction in New York, New York and waive any defenses concerning personal jurisdiction, improper venue, and inconvenient forum.

YOU AGREE THAT ANY DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THE GAME AND/OR THESE TERMS (“CLAIMS”) SHALL BE SUBMITTED FOR INDIVIDUAL, FINAL, AND BINDING ARBITRATION BY JAMS OR ITS SUCCESSOR IN NEW YORK, NEW YORK. The Federal Arbitration Act (FAA) governs application and interpretation of this arbitration provision and any question as to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. In the event of any Claim, you explicitly waive any requirements for or rights to foreign service of process under the Hague Service Convention or other applicable law or treaty and expressly acknowledge that this mutual agreement to arbitrate means limits on pre-hearing discovery and a waiver of a right to a jury trial as well as a waiver of the right to participate in any class action lawsuits, class-wide arbitrations, private attorney-general actions, any action combining individual proceedings without the consent of all parties, and any other proceeding where someone acts in a representative capacity. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, plus interest at the rate authorized by law, to the non-prevailing party. You waive any objection which you may have now or hereafter to the laying of venue in New York or the exclusive jurisdiction of JAMS over you. Any Claim brought by you against us or our affiliates must be instituted within one year after the Claim arises or be deemed forever waived and barred.

If you are not a United States domiciliary and if the foregoing provision is unenforceable pursuant to the governing law of your jurisdiction, then the terms of the foregoing provision shall be applicable herein to the fullest extent permissible by law, and any dispute arising from your use of the Game and/or these Terms will be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce then in effect, by one arbitrator appointed in accordance with such Rules, and such arbitration shall be the exclusive method to settle any such dispute. The arbitration award, as well as any other decision of the arbitrator (including any conservative or interim measures), shall be final, non-appealable, binding and executory. The arbitration shall be conducted in the English language and it shall have its seat in New York, New York, USA. Judgment on the arbitrator’s decision may be entered in, and enforced by, any court having jurisdiction over the party against which an award is entered or over such party’s assets, and the parties hereby irrevocably waive any defense and any objection to the exercise of jurisdiction by such courts, based on international comity, improper venue or forum non-conveniens.

Miscellaneous

In the event that any provision of these Terms is held invalid or unenforceable to any extent, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intent of the original provision, and all the other Terms shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. These Terms constitute the entire agreement between you and us regarding purchase and use of the Game. The section headings are for convenience only and have no legal or contractual effect.