Terms & Conditions
Perk Studios / Social
Welcome to the website(s) and mobile app(s) of Perk Studios / Social (“Perk Studios,” “we” or “us”).
The Perk Studios Platform is a commercial undertaking of our clients and partners which provides qualified users with access to various types of information and services and, for eligible participants, the opportunity to participate in certain contests and sweepstakes. For applicable contest and sweepstakes rules, including eligibility requirements, see https://www.perkstudios.com/ and find your applicable program.
This Platform is offered and available to users who are eighteen (18) years of age or older. By using this Platform, you represent and warrant that you are of such age, meet other eligibility requirements specified herein and can form a binding agreement with Perk Studios]. If you do not meet this [these] requirements, you may not access or use the Platform.
This program and any promotions within are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn, Apple or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn, Apple, or Google.
Access to the Platform
We reserve the right, in our sole discretion without notice, to withdraw or amend this Platform, any service, material or content provided on the Platform, or any Perk Studios Challenge (as defined below) or other activity. We will not be liable if for any reason all or any part of the foregoing is unavailable at any time or for any period. From time to time, we may restrict access to the Platform, in whole or in part.
Intellectual Property Rights
The Platform 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 Perk Studios, its sponsors, licensors or other providers of such content and materials and are protected by state and federal laws in the United States and other countries, including those governing copyrights, trademarks, patents, trade secrets, publicity rights and other intellectual property or proprietary rights.
For purposes of any information, software, text, displays, photos, images, drawings, video, audio or other content that you may post, deliver or otherwise make available to the Platform, directly or through social media channels (“User Supplied Content”), you hereby grant us a royalty-free, worldwide, perpetual right and license to store, use, reproduce, distribute, modify, create derivative works based on, publicly display and publicly perform such User Supplied Content and further represent that you have full right, power and authority to grant such license.
· Your computer, tablet, smart phone or other similar device may temporarily store copies of such content in RAM incidental to your accessing and viewing that content.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
The name, “Perk Studios / Social,” the terms, the Perk Studios logo and all related names, logos, product and service names, designs and slogans are trademarks of Perk Studios or its affiliates, sponsors or licensors. You may not reproduce or use such marks without the prior written permission of Perk Studios or their respective owners. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
· 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).
· 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.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate Perk Studios, a Perk Studios employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
· For any commercial purpose, without our express authorization.
· To engage in any other conduct that restricts or inhibits any other party’s use or enjoyment of the Platform, or which, as determined solely by us, may harm Perk Studios or users of the Platform or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
· Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Platform.
· Introduce to or transmit through the Platform any virus, ‘Trojan Horse,’ worm, logic bomb, malware or other malicious code or material harmful to the Platform or any other hardware, software or user (“Malware”).
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Platform.
Reliance on Posted Information
The content and information presented on or through the Platform is made available solely for engagement with Perk Studios and we do not warrant the accuracy, completeness or usefulness of such content or information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content or information by you or any other visitor to the Platform or anyone who may be informed thereof.
This Platform may include content posted or provided by third parties, including other Platform users and Perk Studios sponsors, vendors and licensors. All such content, including all statements and/or opinions expressed in such content and materials, other than that provided by Perk Studios, are solely the opinions and responsibility of the party providing such content or materials and do not necessarily reflect the opinion of Perk Studios. We are not responsible, or liable to you or to any third party for any content or materials provided by any third parties.
Changes to the Platform
We may update the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the content or materials on the Platform may be inaccurate, incomplete or out of date at any given time, and we are under no obligation to correct, complete or update such content or material.
Information About You and Your Visits to the Platform
Linking and Social Media Features
You may link to the homepage of our Platform, provided you do so in a way that is fair and legal and does not damage or exploit our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Platform may provide certain social media features that enable you to:
· Link from your own or certain third-party social media channels or websites to certain content on this Platform.
· Send e-mails or other communications with certain content or links to certain content on this Platform.
· Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party social media channels or websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions applicable to such features. Subject to the foregoing, you must not:
· Establish a link from any website or social media channel that is not owned or properly controlled by you.
· Cause the Platform or portions of it to be displayed, or appear to be displayed on any other site (by, for example, framing, deep linking or in-line linking).
· Link to any part of the Platform other than the homepage.
You agree to cooperate with us in preventing any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
We may disable any social media features and any links at any time without notice in our sole discretion.
Links from the Platform
If the Platform contains links to other sites, channels and resources provided by third parties, these links are provided for your convenience only. This includes links contained in promotions and advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, channels or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party sites, channels or resources linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such sites, channels and resources.
Perk Studios is based in the State of Washington in the United States of America. We make no representation that the Platform or any of its content will be accessible or appropriate in any jurisdiction, including outside of the United States. Access to the Platform may not be legal by certain persons or in certain jurisdictions. If you access the Platform, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
We do not guarantee or warrant that content or files available for downloading through the Internet, including from this Platform, will be free of Malware. Users and visitors to the Platform are responsible for implementing anti-Malware protections appropriate to their own circumstances. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY MALWARE, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL EFFECTS ON YOUR COMPUTER, TABLET, SMART PHONE OR OTHER SIMILAR DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OFFERED OR OBTAINED THROUGH THE PLATFORM OR ANY OTHER WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGE, IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Perk Studios NOR ANY PERSON ASSOCIATED WITH Perk Studios MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY CONTENT THEREOF. WITHOUT LIMITING THE FOREGOING, NEITHER Perk Studios NOR ANYONE ASSOCIATED WITH Perk Studios REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR ANY SERVER OR OTHER HARDWARE THAT MAKES IT AVAILABLE ARE FREE OF MALWARE OR THAT THE PLATFORM OR ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Perk Studios HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations on Liability
IN NO EVENT WILL Perk Studios OR ITS AFFILIATES, SPONSORS, LICENSORS OR SERVICE PROVIDERS OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY ACTIVITIES, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY CHALLENGES, 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, OR LOSS OF DATA, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Platform is operated by Perk Studios / Social, located at 2175 NW Raleigh St Ste 110, Portland, OR 97210, and its vendors.
All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: email@example.com
Thank you for visiting the Platform.