Effective Date: Thursday, July, 04, 2024

Last Updated: Thursday, July 04, 2024

Welcome to AD International LLC, dba Pelican House Games (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through the site, including the team creation tool and the marketplace (collectively, the “Site”).

1. Acceptance of Terms

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

2. Changes to Terms

We reserve the right to modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

3. Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

4. User Accounts

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

5. Intellectual Property Rights

a. Ownership: The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pelican House Games, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

b. Limited License: Subject to these Terms, Pelican House Games grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

c. Trademarks: The Pelican House Games name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pelican House Games or its affiliates or licensors. You must not use such marks without the prior written permission of Pelican House Games. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

d. Copyright Complaints: Pelican House Games respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Copyright Policy, which outlines the steps for submitting a notice of copyright infringement.

e. Feedback: If you provide Pelican House Games with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Pelican House Games all rights in the Feedback and agree that Pelican House Games shall have the right to use such Feedback and related information in any manner it deems appropriate. Pelican House Games will treat any Feedback you provide as non-confidential and non-proprietary.

This section ensures that the intellectual property rights of Pelican House Games are protected while outlining the permissible uses and restrictions related to the content on the Site.

6. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

a. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

c. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

d. To impersonate or attempt to impersonate Pelican House Games, a Pelican House Games employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

e. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Pelican House Games or users of the Site, or expose them to liability.

f. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

g. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

h. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

i. Use any device, software, or routine that interferes with the proper working of the Site.

j. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

k. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

l. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

m. Otherwise attempt to interfere with the proper working of the Site.

n. Otherwise use the Site in any way that breaches these Terms.

These prohibitions apply regardless of whether the prohibited use or activity is undertaken for commercial purposes or otherwise, and whether or not such use or activity causes harm to Pelican House Games or any third party.

7. User Contributions

a. User Content: The Site may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

b. Responsibility for User Contributions: Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

c. Monitoring User Contributions: We have the right to:

i. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

ii. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Pelican House Games.

iii. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

d. Content Standards: These content standards apply to any and all User Contributions and use of interactive services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

i. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

ii. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

iii. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

iv. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

v. Be likely to deceive any person.

vi. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

vii. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

viii. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

ix. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

e. No Liability for User Contributions: We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

8. Monitoring and Enforcement; Termination

a. Right to Monitor: Pelican House Games reserves the right, but does not assume the obligation, to monitor the Site for violations of these Terms of Use or any other rules or policies we establish.

b. Enforcement: We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

c. Termination: We may terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. Upon termination, your right to use the Site will immediately cease.

d. Effect of Termination: All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Reliance on Information Posted

a. General Information: The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

b. Professional Advice: The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pelican House Games, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pelican House Games. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

c. Changes to Information: The content on the Site may include technical inaccuracies or typographical errors. We may make changes to the content and information on the Site at any time without notice, but we do not undertake any obligation to update any information on our Site.

10. Third-Party Links and Resources in the Site

a. Third-Party Content: The Site may contain links to third-party websites, resources, or services that are not owned or controlled by Pelican House Games.

b. Disclaimer: Pelican House Games has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pelican House Games shall 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 such content, goods, or services available on or through any such third-party websites or services.

c. Usage Caution: We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Disclaimer of Warranties

a. General Disclaimer: The Site is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

b. No Guarantee of Accuracy: Pelican House Games does not warrant that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

c. Use at Your Own Risk: You understand and agree that your use of the Site, its content, and any services or items obtained through the Site is at your own discretion and risk.

12. Limitation of Liability

a. Disclaimer of Certain Damages: In no event shall Pelican House Games, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

b. Limitation of Liability: In no event shall the total liability of Pelican House Games to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Site.

c. Exception: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Pelican House Games, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

a. Jurisdiction: You agree that any legal action, suit, or proceeding arising out of or related to these Terms of Use or the use of the Site shall be instituted exclusively in the federal or state courts located in the State of Louisiana, and you waive any objection based on venue or jurisdiction.

b. Waiver of Jury Trial: You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This provision does not prevent Pelican House Games from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. Waiver and Severability

a. Waiver: No waiver by Pelican House Games of any term or condition set forth in these 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 Pelican House Games to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

b. Severability: If any provision of these 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 the Terms will continue in full force and effect.

16. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Pelican House Games regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.