Terms Of Service

Last Updated: November 27, 2024

Welcome to Put A Finger Down. These terms of service (“Terms of Service”) are for your use of services, goods, or features in connection with the website operated by Hunch Games, LLC (“PAFD,” “we,” “us,” or “our”): www.putafingerdown.com, including its online store hosted by Shopify Inc., (the “Website”) and any related websites that we own, as well as any related platforms, social media, messaging services, applications, and software systems that we operate (together with the Website, our “Sites”). These Terms of Service apply to all users of or visitors to the Sites (“you” or “your”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN A DISPUTE.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

Section 1 — Acceptance of these Terms of Service

BY SELECTING THE BOX INDICATING YOUR AGREEMENT TO THE TERMS OF SERVICE, COMPLETING AN ORDER ON THE SITES, CREATING AN ACCOUNT ON THE SITES, SUBSCRIBING TO SERVICES ON THE SITES, OR OTHERWISE USING THE SITES OR EXPRESSLY CONSENTING TO THE TERMS OF SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK ON THE WEBSITE, ALL OF WHICH ARE INCORPORATED BY REFERENCE. 

Please read these Terms of Service carefully, and print and retain a copy for your records. We may modify these Terms of Service from time to time. When we make changes, we will post the revised Terms of Service on the Website. Your use of the Sites following any such modification constitutes your agreement to the modified Terms of Service. It is your responsibility to check this page frequently to learn about any changes to these Terms of Service. 

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY SUBSEQUENT MODIFICATION, OR YOU ARE OTHERWISE INELIGIBLE UNDER THE TERMS HEREIN, YOU MUST IMMEDIATELY STOP ACCESSING THE SITES AND USING THE SERVICES PROVIDED BY PAFD. 

Section 2 — Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you. All of the Terms of Service that concern personal information are executed in compliance with the Privacy Policy, and you consent to all actions we take with respect to your personal information consistent with our Privacy Policy

Section 3 — Communications

You consent to receive electronic communications from us, such as emails, texts, push notifications, and other messages where such contact information was provided by you or collected by us in accordance with our Privacy Policy. We will seek express prior written consent for marketing text messages or calls to you when required by law. You agree that all of our electronically-provided agreements, notices, disclosures, and other communications that we intend to have legal effect satisfy any legal requirement that such communications be in writing.

Section 4 — User Profile Information
Any personal information you provide us as a necessary step to create and maintain a user profile or subscribe to services through our Sites, such as newsletters or our messaging service, is “User Profile Information” under these Terms of Service. 

With respect to User Profile Information, you agree and represent that all the information you provide is accurate. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Profile Information or User Content (described below). You are solely responsible for keeping your User Profile Information, including your login information, current and confidential. Any transfer of your account to a third party must receive our prior written consent. PAFD will not be liable for damages resulting from the unauthorized use of login information (e.g., a password) or user profiles. You agree to promptly notify PAFD of any such unauthorized use, including unauthorized uses that prevent you from accessing your account, and you agree that PAFD may take appropriate steps to protect you and other users in response, such as deleting the account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Section 5 — User Content
Your posts, reviews, comments, direct messages (including texts), submissions, or other communications using our Sites are all user content (“User Content”) under these Terms of Service, regardless of whether the content is in the form of writings or other media such as photos, videos, or voice recordings, and regardless of whether we solicited the User Content. 

All User Content must comply with the rules and standards herein, including those in “SECTION 6 – COMMUNITY GUIDELINES” below.You are solely responsible for any User Content you contribute, for your use of the Sites, and any use of the Sites through your account or subscription(s) to services. We take no responsibility and assume no liability for any User Content contributed by you or any third-party.

You promise that your User Content does not infringe the rights of any third party, including rights to intellectual property, privacy, publicity, and others, as well as that you have the ownership or rights necessary to give us the license to your User Content described below. 

By submitting User Content, you grant us and those we work with a license to your User Content that is non-exclusive, royalty-free, and perpetual, and you release PAFD from any liability with respect thereto. 

  • Non-exclusive: Both you and us may use the User Content without limitation for our own respective purposes. We may use your name, likeness, image, and biographical information internally to make User Content work better with our Sites, or publicly to operate, promote, and improve the Sites and PAFD, including by posting the User Content on social media. We may use, retain, reproduce, modify, create derivative works, and publicly present and distribute your User Content at our sole discretion.
  • Royalty-free: This license does not require any payment on the part of PAFD. 
  • Perpetual: Our rights to the User Content will survive any termination of the Terms of Service and will inure to the benefit of our successors, assigns, licensees, and sublicensees. 

We may refuse to accept or transmit User Content and may remove User Content from the Sites for any reason and at our sole discretion. 

Section 6 — Community Guidelines
We want everyone to feel comfortable and welcome on our Sites. Safe and positive communities empower meaningful connections, broaden our empathy, and help us reconnect to ourselves. To promote these goals, we have created guidelines for acceptable use of our Sites.  When you use the Sites, you may not post, share, or otherwise engage in:

  • Hate Speech: Speech that attacks, threatens, incites violence against, or dehumanizes an individual or group on the basis of race, ethnicity, national origin, religion, sexual orientation, sex, gender, gender identity, disease, disability, or immigration status
  • Unsafe Speech About Self-Harm or Harm to Others: Graphic descriptions or images, threats or plans, means or methods, glorification, sensationalizing, or encouragement, bullying, suicide notes or goodbyes, blaming others or making others feel responsible for their safety or the safety of others, as opposed to sharing personal experiences or raising awareness
  • Harassment and Bullying: Personal attacks or excessive or coordinated targeting of individuals or groups
  • Personal Information: References to specific personal information, especially to “dox” someone – e.g. email address, birthdate, etc.
  • Stealing Someone’s Identity: You must use your true identity when interacting on our Sites and not pretend to be someone you are not 
  • Inappropriate Content: Other highly offensive or inappropriate language or imagery, including regarding illegal activities and graphic content
  • Advertising Content: Blatant advertising or promotional content
  • Third-Party Links: Posting links to other webpages 
  • Intellectual Property Violations: Using copyrighted materials or trademarks that belong to others without permission 
  • Spreading Harmful False or Misleading Information
  • Transmitting Viruses, Spyware, or Malicious Software
  • Breaching Our Security Measures, or Other Unauthorized Access
  • Violations of Any Other Law or Regulation
  • Encouragement of Any of the Above

*This list is not exhaustive. 

PAFD may, but has no obligation to, monitor, respond to, edit, flag with the social media platform, or remove direct messages or comments on the Sites. If you engage in the above-mentioned prohibited conduct or otherwise breach these Terms of Service, PAFD may, at its sole discretion, delete or hide prohibited public posts, keep a record of prohibited direct messages and deleted/hidden prohibited public posts, send you one or more formal warnings, suspend your access to the Sites or your account, permanently block your access to the Sites or cancel your account, report your post(s) or message(s) to the relevant platform, and/or commence legal action against you pursuant to “SECTION 15 – ARBITRATION AND DISPUTE RESOLUTION AGREEMENT” below. 

Section 7 — Disclaimer Regarding Mental Health Advice and Card Game Results
PAFD’s card game(s), merchandise, Sites content (including the Website, social media, Community.com messaging service, etc.), and in-person content are intended to be relatable, thought-provoking, and encouraging. They are derived from the lived thoughts, feelings, and experiences of our founder and team. THEY ARE NOT TO BE PERCEIVED AS, OR RELIED UPON IN ANY WAY AS, MENTAL HEALTH ADVICE OR OTHER ADVICE THAT ONLY LICENSED PROFESSIONALS ARE QUALIFIED TO PROVIDE. 

PAFD is not a counseling or crisis or emergency response service, and PAFD’ content creators are not mental health professionals or crisis or emergency responders, nor do we hold ourselves out to be. We do not endeavor to diagnose, treat, prevent, or cure any mental, emotional, or other issues or conditions, and our content is not a substitute for help from professionals. 

Do not disregard professional advice or delay seeking professional help based on our content, communications, or the feedback of any of our other users. If you ever find yourself struggling or in danger, reach out to a mental health professional or crisis or emergency responder right away, as needed and as appropriate.  

Our communications do not and cannot establish a counseling or therapeutic relationship with you, no matter the content, amount, or frequency of the communications. Although PAFD is not obligated to monitor direct messages or comments on our Sites, and indeed is unlikely to do so given the high amount our Sites receive, PAFD may occasionally respond to troubling user messages or comments by providing the contact information for mental health or crisis or emergency response services, such as the phone number to the National Suicide Prevention Hotline. In doing so, PAFD is not recommending or endorsing any such hotlines or professionals, and PAFD is not responsible for what those third parties do or say. PAFD cannot be held liable for any interactions you may have with them. Such responses from our team are simply to note possible resources for our users, which you may then form your own opinions and make your own choices about. 

In addition, as noted in our Privacy Policy, although we are not obligated to do so, if we believe the release of information about you is necessary to protect the rights, property, and safety of others, to respond to legal process, or to investigate or remedy potential violations of our policies, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes contacting emergency responders or law enforcement, as well as exchanging information with other entities for fraud protection and credit risk reduction.

Interacting with, or relying on, our content or communications is solely at your own risk. We make no guarantees or warranties about the results of playing the WRNS card games or otherwise interacting with our content. In particular, we make no warranties that you will have a positive experience or positive relationship results after playing our card games or interacting with our content, and we cannot be held liable for any negative interpersonal or intrapersonal developments that arise, which are beyond our control. 

By using our Sites or our card games or other merchandise, and accepting these Terms of Service, you represent that you have read, understood, and agreed with everything in this Disclaimer. 

Section 8 — License to Use and Access the Sites
PAFD grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify the Sites, or any portion of them, except with express written consent of PAFD. This license does not include any resale or commercial use of the Sites or their contents, including purchase of products from the Sites for resale—which is strictly prohibited; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Sites nor any portion of the Sites, including images of our products, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including use by resellers or bulk purchasers, without express written consent of PAFD. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PAFD and its affiliates without express written consent of PAFD. You may not use meta tags or any other hidden text using PAFD name or trademarks without the express written consent of PAFD. Any unauthorized use will immediately terminate the permission or license granted by PAFD.

Section 9 — Intellectual Property
This Website and its entire contents, features, and functionality, as well as PAFD content on its other Sites, are owned by PAFD, 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.

Nothing stated or implied on the Sites confers on you any license or right under any trademark or copyright of PAFD or any third party.  

The Sites and their information are for personal, non-commercial use only. You are prohibited from, and agree not to engage in, copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for use in litigation or for commercial or promotional purposes, or using any trademark for any purposes, without the express written consent of PAFD or its lawful successors and assigns. 

Section 10 — Digital Millennium Copyright Act ("DMCA") Procedures
We respect the intellectual property rights of others just as we ask that you respect ours. 

If you believe your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please submit a “takedown notice” to our Copyright Agent listed below. To be effective, the notice must be in writing and contain the following: 

  • your address, telephone number, and email address;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of the content that you claim is infringing and a description of where the allegedly infringing content is located on the Sites (e.g., a URL); 
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including fair use; and
  • a statement by you, under penalty of perjury, that the information in the notification is accurate and that you are either the exclusive copyright owner or authorized to act on behalf of the exclusive copyright owner 

If you are notified that your post is the subject of a takedown notice, and you believe that the content is not infringing, you may submit a written “counter notification” to our Copyright Agent listed below. To be effective, the written counter notification must include the following information:

  • 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 by you, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and 
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which PAFD may be found, and that you will accept service of process from the person or entity who submitted the takedown notice or an agent of such person/entity.

If the Copyright Agent receives a counter notification, we will send a copy of the counter notification to the original complaining party informing them that they may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action in court, we hold the sole discretion to allow the removed content to be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter notification.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES MAY RESULT. 

In accordance with the DMCA, PAFD has adopted a policy of terminating, at its sole discretion, account holders deemed to be repeat infringers. PAFD also retains the right to limit access to, or terminate, users who infringe intellectual property rights, whether or not they are repeat infringers. 

Send all takedown notifications and counter notifications to PAFD’s Copyright Agent, who can be reached as follows:

PAFD Copyright Agent
Attn: Put A Finger Down
40 Jackson St, Suite 2500
Worcester, MA 01608
pafd@hunchstudios.com   

Please include either “DMCA Takedown Notice” or “DMCA Counter Notice” in the subject line.

Section 11 — Payments
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with PAFD at the prices in effect when such charges are incurred. You will pay the applicable taxes, if any, relating to any such purchases, transactions, or other interactions. If you choose to store your credit or debit card information on our Sites for future use, we may update your credit or debit card information automatically based on information provided by the issuing bank or card brands.

Section 12 — Risk of Loss
All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, PAFD. Title to products purchased on the Sites, as well as the risk of loss for such products, pass to you when PAFD (or PAFD’s service providers, or vendors, or other third parties providing delivery services on behalf of PAFD) delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

Section 13 — Product Information
PAFD ATTEMPTS TO BE ACCURATE IN DESCRIBING AND DEPICTING ITS PRODUCTS. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, DEPICTIONS, COLORS, DIMENSIONS, AVAILABILITY, OR OTHER CONTENT OR INFORMATION ON THE SITES ARE COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IF A PRODUCT OFFERED BY PAFD OR THE EXPERIENCE OR EXPECTATIONS FOLLOWING USE OF THE PRODUCT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT UNDER THE TERMS OF OUR RETURN POLICY. 

Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. Dollars. Despite our best efforts, it is possible that items in our online catalog may be mispriced and pricing or other errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right, without prior notice, to correct pricing errors, limit the order quantity on any item and/or refuse services to any customer in accordance with applicable law. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation. 

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns/Exchanges Policy. 

Section 14 — Accessibility
PAFD believes meaningful connections thrive in an environment of inclusivity and accessibility, so we strive to follow the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1, Level AA, which explain how to make web content more accessible to people with disabilities. 

We welcome feedback and questions on our accessibility features. Please contact us at: 

pafd@hunchstudios.com 

Section 15 — Arbitration and Dispute Resolution Agreement
Arbitration Agreement and Scope. Appreciating the significant burdens of legal disputes, both you and PAFD agree that any legal dispute concerning or arising in any way from these Terms of Service and documents incorporated therein, transaction(s) through the Sites, use of any Sites or PAFD services, our products, or communications with PAFD, shall be resolved through binding individual arbitration, unless you opt out of this Arbitration Agreement using the instructions below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. The term “dispute” means any dispute, action, claim, or other controversy with PAFD, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. 

However, either you or PAFD may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, so long as it is brought and maintained as an individual claim. 

Informal Dispute Resolution. Before initiating any arbitration or small claims matter, either party asserting a dispute must first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days to respond. Notice shall be made by first class or registered mail (1) to Put A Finger Down, Attention: Legal Department, 40 Jackson St, Suite 2500, Worcester, MA 01608, or (2) to you at the billing address on file with PAFD, if any. 

Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from the Sites; or (b) create an account or otherwise sign up for any program or service provided by PAFD. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to PAFD to pafd@hunchstudios.com or by sending a letter to Put A Finger Down, Attention: Legal Department, 40 Jackson St, Suite 2500, Worcester, MA 01608. You should include your printed name, mailing address, and the words “Arbitration Opt-Out.”

Arbitration Procedures. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and PAFD agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in Delaware. Except for a Dispute determined by the arbitrator to be frivolous or initiated in bad faith, PAFD will pay all filing, administrative, arbitrator and hearing costs up to a total amount of $1,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND PAFD ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND PAFD HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. You agree that the Terms of Service and the Sites affect interstate commerce. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your billing address on file with PAFD, if any) will govern. 

Other Terms. PAFD will provide notice of any material changes to this Arbitration Agreement. Except as set forth above with respect to the class action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the arbitrability, scope, validity, or enforceability of the Arbitration Agreement, including whether any dispute falls within its scope and waiver by litigation conduct. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and PAFD, including, without limitation, termination of your membership or participation in any PAFD contest or promotion, cancellation or deletion of your PAFD account, opt out of marketing, or end of participation in any PAFD program or service. 

Section 16 — Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, PAFD AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, DURABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

PAFD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITES. PAFD AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF, OR INABILITY TO USE, ANY SERVICES OF THE SITES OR CONTENT POSTED OR SHARED THROUGH THE SITES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITES IN VIOLATION OF THESE TERMS OF SERVICE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR PAFD AND/OR ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SITES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SITES OR LINKED TO THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PAFD AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. EXCEPT FOR A BREACH OF THESE TERMS OF SERVICE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF SERVICE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITES OR $50.00 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL PAFD AND/OR ANY OF ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS PAFD AND ITS AFFILIATES (AS DEFINED), LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. PAFD MAKES NO REPRESENTATION THAT THE SITES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights. The liability of PAFD and its affiliates shall be limited to the greatest extent permitted by law in those jurisdictions. 

Section 17 — Indemnification
You agree to indemnify, defend and hold harmless PAFD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any and all claims, suits, demands, losses, costs, or expenses including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

We will provide you with notice of any claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by contacting pafd@hunchstudios.com, with “LEGAL MATTER” in the subject line. 

We reserve the right to exercise exclusive defense and control of any such matter, and you agree to cooperate with reasonable requests to assist in the defense. 

CALIFORNIA RESIDENTS: YOU EXPRESSLY WAIVE CA CIVIL CODE § 1542, WHICH STATES: “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.”

Section 18 — Severability; Waiver
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the unenforceable portion shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and all the other Terms of Service will remain in effect.  

No waiver of by the PAFD of any term or condition set forth in these Terms of Use 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 PAFD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Section 19 — Assignment
These Terms of Service and any rights and licenses granted herein may not be transferred or assigned by you. Any attempted transfer or assignment in violation hereof shall be null and void. We may assign our rights under these Terms of Service without restriction.

Section 20 — Admissibility
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

Section 21 — Promotions
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the  Privacy Policy. If the rules for Promotions conflict with these Terms of Service, the Promotion rules will be applicable to Promotions.

Section 22 — Suspension or Cancellation of Your Account or the Sites
We may suspend, cancel, and/or edit your account at any time at our sole discretion and without notice or explanation. You may delete your account(s) or stop or unsubscribe from any subscription(s) to our services through the Sites per the instructions in the Privacy Policy.

PAFD may discontinue the Sites, including any feature or service offered through the Sites, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Sites at any time for any reason, without notice. We may discontinue or restrict your use of the Sites at any time for any reason, without notice.

Any obligations and liabilities belonging to you or us, incurred prior to any suspension or cancellation, date shall survive the termination of this agreement for all purposes.

Section 23 — Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, or any other right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Sites, superseding any prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 24 — Contact Information
Please feel free to contact us with any questions about these Terms of Service at pafd@hunchstudios.com.

We may also be reached at: 

Attn: Put A Finger Down
40 Jackson St, Suite 2500
Worcester, MA 01608
pafd@hunchstudios.com