Parties

“You” and “your” refers to you, as a user of the Service (as defined below). A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refers to Secret Weapon Studios Inc. and its subsidiaries and affiliates.

Acceptance of Terms

We welcome you to our online service (the “Service”). By using our website, mobile application, and Service, you are agreeing to the following Terms of Service (“Terms”) whether or not you are a registered customer of Secret Weapon Studios. We may update the Terms from time to time without notice to you. However, you can always find the latest Terms at https://secretweapon.studio/terms-of-service/. In addition, when using any Secret Weapon Studios owned or operated services, you will be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are incorporated by reference into the Terms. You further agree, except as otherwise expressly provided in these Terms, there will be no third party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.

Description of Service

Secret Weapon Studios operates a service to facilitate connecting filmmakers (“Clients”) with qualified and experienced film crew professionals and vendors (“Crew Members”) in various locations. We provide a database of Crew Members with experience in a variety of different film production areas. We provide various in-house services from our team of experienced film coordinators and producers. Our in-house services include budgeting, scheduling, crew hiring and vetting, searching for emergency and off-hour services, casting, and vendor searches, among other services. We also provide production services that include all industry-standard services for film production, including crew hiring, contracting and payroll plus rentals, insurance, job prep, production and post-production at a 25% transparent markup fee (we will provide proof of all hard costs and receipts).

THE SERVICE IS PROVIDED “AS IS” AND SECRET WEAPON STUDIOS HAS NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.

All users must comply with the Terms. If you fail to follow any of the guidelines and/or rules of behavior, we can discontinue your ability to use the site. In addition, we have the right to delete content, comments, as well as any topic or profile we find objectionable.

You are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify us immediately. It is up to you to maintain the confidentiality of your password and username.

You understand that you may receive business-related communications from us, such as service announcements and administrative notices about your account. You agree that these communications are not “unsolicited commercial email advertisements” and therefore you agree to receive them. You will not be able to opt out of receiving such communications.

As a user of the Service, you understand and agree that the Service may include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and therefore you agree to receive them and will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Secret Weapon Studios will not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new Secret Weapon Studios properties, will be subject to the then current Terms.

You must be at least 13 years old to access and use the Service. If you are 13 years old or younger, please do not use this Service for any purpose. For residents of the European Union, you must be at least 16 years old to access and use the Service. If you are a resident of the European Union and under the age of 16, please do not use this Service for any purpose.

Crew Member Policies

We currently do not charge a fee to Crew Members to register in our database. We may implement Crew Member fees in the future, but such fees will only apply to Crew Members who register after the fees go into effect. All Crew Members who have registered prior to such date will be able to remain in our system without cost.

We do not act as an agent, representative, broker, or employer, and we do not collect any fees or commissions when a Client hires a Crew Member from our database. We do not process any payment transactions between Clients and Crew Members, and only provide Clients with Crew Members’ contact information once the Crew Member has confirmed to us that they are available for the job, location, and pay rate. Any details such as work hours, job responsibilities, kit rentals, payment terms, and location are to be coordinated directly between the Client and the Crew Member.

No Crew Member is obligated to accept any job with a Client to which we refer the Crew Member. We review and vet each Client and job request that is submitted to us, and try to confirm the legitimacy of the Client, as well as the jobs, rates, hours, locations and other particulars of a job before contacting Crew Members for availability. Nevertheless, we cannot and do not guarantee the accuracy of any details regarding a job.

Once a job request comes in, we will contact several potential Crew Members who meet the job criteria, to determine their availability. We may refer multiple available Crew Members to a particular Client. All jobs are on a first-come, first-served basis, and therefore the first Crew Members to respond with their availability will be referred to the Client. We will try to contact Crew Members simultaneously to make this process as fair as possible.

While we vet Crew Members’ credentials and resumes using industry standards, we make no warranty or guarantee of any kind as to the accuracy of the information provided to us by Crew Members, or as to their actual experience, skills, and credentials. If we have reason to believe that a Crew Member has provided false or misleading information to us as to their skills, experience, and credentials, or if we receive reports of poor performance on jobs, we reserve the right to terminate such Crew Member’s account and no longer recommend such Crew Member for jobs.

Client Policies

We charge Clients a monthly or single-use fee (“Client Fees”) for our services. Clients do not have direct access to the Crew Member database; rather, our coordinators will review the Client’s request for Crew Members, search our database on the Client’s behalf, and provide the specific results matching the Client’s job. Clients are under no obligation to hire any Crew Member referred by us.

For our in-house and production services, we will provide a cost estimate, and work will not begin until the Client has agreed to the estimate. We may invoice hard costs at that time, and certain projects may require a deposit, in our sole discretion.

We do not act as an agent, representative, broker, or employer, and we do not collect any fees or commissions when a Client hires a Crew Member from our database. We do not process any payment transactions between Clients and Crew Members. Any details such as work hours, job responsibilities, kit rentals, payment terms, and location are to be coordinated directly between the Client and the Crew Member.

We review the resume and other credentials submitted to us by Crew Members, but do not and cannot provide any warranty or guarantee of the accuracy of such resume and credentials, nor do we guarantee the performance of the Crew Member. If we have reason to believe that a Crew Member has provided false or misleading information to us as to their skills, experience, and credentials, or if we receive reports of poor performance on jobs, we reserve the right to terminate such Crew Member’s account and no longer recommend such Crew Member for jobs.

We offer dedicated support from a group of coordinators with experience in the film, television, and documentary industries. Our coordinators are located in several major cities in the United States.

We expect all Clients to provide a professional work environment for Crew Members, and to pay Crew Members on time for their services. If we have reason to believe that a Client has provided false or misleading information to us as to their job, rate, and credentials, or if we receive reports of a poor experience from Crew Members we recommend, we reserve the right to terminate such Client’s account and no longer recommend such Client jobs to Crew Members.

Memberships

We offer memberships that renew automatically either monthly or annually. Members will be charged on the same day of each month or year on which they subscribed. Members may cancel their membership at any time for a pro-rated refund.

For our members, we facilitate connections with licensed entertainment attorneys, who require no retainer and have agreed to offer exclusive discounted rates to monthly members. We do not apply any markups to attorney fees. We also facilitate connecting our monthly members with experienced music, archival, and photo clearance specialists.

Refund Policy

If the Client is not satisfied with our Services or with the Crew Members we refer to the Client, we will offer a full refund of any Client Fees.

Rules of Behavior

• You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and screen names you post to the site. You agree to use the Service to post and receive communications and content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy rights of others.
• You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful.
• You must not upload, post, or link to any material that promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group.
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party, without prior written permission from the third party. You agree to disclose such authorization to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
• You must not impersonate another person or entity, which includes not using anyone else’s username or password.
• You must not provide false or misleading information about your experience, skills, work history, or credentials.
• You must not “deep-link,” by publishing a link to a Secret Weapon Studios web page other than the Secret Weapon Studios home page.
• You must not “frame” or “mirror” the Secret Weapon Studios website, by simulating the appearance or function of the Secret Weapon Studios website on another website.
• You must not use the Service for any illegal or unauthorized purpose, such as spamming.
• You must abide by all federal, state and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence.
• You cannot modify or delete any content and communications of the Secret Weapon Studios site and/or of other individuals.
• You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Service.
• You must not interfere or disrupt the Service or servers or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
• You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
• You must not engage in any ad “slamming”.
• You must not state or imply that any of your submitted and or posted Content is endorsed by Secret Weapon Studios.
• You cannot use the Secret Weapon Studios name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment.
• You will not expressly or by implication create the false or misleading impression that Secret Weapon Studios is associated with, or endorses, or is in any way connected with you or your business.

WHILE SECRET WEAPON STUDIOS EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT SECRET WEAPON STUDIOS WILL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, SECRET WEAPON STUDIOS CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.

User Content

As a registered user, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials (“Content”). This means that you have sole responsibility for all Content that you upload post, email, transmit or otherwise make available through the Service. You are responsible for being in compliance with the Rules of Behavior relating to such Content.

Secret Weapon Studios will have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other Secret Weapon Studios users or otherwise created, distributed and displayed on any part of the Service. Secret Weapon Studios does not control or monitor the Content posted via the Service, and does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted prior permission to use it. Secret Weapon Studios does not own any of the Content you post. By placing Content on the Service you are providing Secret Weapon Studios with a worldwide, royalty-free, unlimited, non-exclusive license to publicly display, modify, reproduce and distribute your Content on the site in order to provide the Service, as well as for editorial and promotional purposes of the site. Secret Weapon Studios reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other Services offered by Secret Weapon Studios.

Secret Weapon Studios will have no responsibility for enforcing any rights you claim in any Content, which will be your responsibility entirely. You agree to indemnify Secret Weapon Studios with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Secret Weapon Studios will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing so.

You acknowledge that Secret Weapon Studios may or may not pre-screen Content. However, Secret Weapon Studios will have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, or delete any Content that violates the Terms or is otherwise objectionable.

Secret Weapon Studios may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of Secret Weapon Studios, its users and/or the public.

Copyright Infringement

Secret Weapon Studios respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Secret Weapon Studios may, but is not obligated to disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Secret Weapon Studios’ Designated Agent at support@secretweapon.studio with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of where the material you claim is infringing is located on the site;
3. Your name, address, telephone number, email address;
4. A statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:

• Remove or disable access to the infringing material;
• Notify the content provider that we have removed or disabled access to the material; and
• Terminate such content provider’s access to the Website if he or she is a repeat offender.

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Secret Weapon Studios is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Secret Weapon Studios may send a copy of the counter-notice to the original complaining party informing that person that Secret Weapon Studios may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Secret Weapon Studios’ discretion.

Links

The Service may provide, or third parties including Secret Weapon Studios users, may provide links to other websites or resources. Secret Weapon Studios has no control over these sites and content and therefore Secret Weapon Studios is not responsible for the availability of such links, resources and content. Secret Weapon Studios does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Secret Weapon Studios is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF SECRET WEAPON STUDIOS REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST, WE HAVE THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.

Indemnity

You agree to indemnify Secret Weapon Studios, its subsidies, affiliates, officers, agents, and other partners and employees, against any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, arising out of your use of the Service in violation of the Terms and/or your violation of any rights of another.

You agree to indemnify Secret Weapon Studios against any costs, liabilities, damages, or claims relating to damage to or loss of equipment that we have rented on your behalf. You further agree to indemnify Secret Weapon Studios against any costs, liabilities, damages, or claims relating to Crew Members that you have hired, including but not limited to claims for unpaid taxes, lost wages and overtime, and workplace injuries.

No Resale of Service

You agree not to, without the express prior written consent of Secret Weapon Studios, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service.

Modification and Termination of the Service

Secret Weapon Studios reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Secret Weapon Studios will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

Privacy Policy

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://secretweapon.studio/privacy-policy/.

Registration

In order to use the Service, you are required to register. Registered users are subject to the following specific terms:

• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
• You also agree to provide true, accurate, current and complete information as required on the Service’s account registration form. If you provide any information that is untrue, misleading, or incomplete, Secret Weapon Studios has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
• You agree that Secret Weapon Studios may, under certain circumstances and without prior notice, immediately terminate your account, any associated username and/or access to the Service. Cause for such termination will include, but not be limited to: (i) breaches or violations of the Terms or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. You also agree that any termination is in our sole discretion and that Secret Weapon Studios will not be liable to you or any third party for any termination of your account, password, username, or access to the Service.
• You agree that your account is non-transferable and any rights to your account, password, or username terminate upon your death.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Secret Weapon Studios immediately. It is up to you to maintain the confidentiality of your password and account. Secret Weapon Studios is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.

Proprietary Rights

You acknowledge and agree that the Service and any necessary software (“Software”) used in connection with the Service contain proprietary and confidential information that is the property of Secret Weapon Studios and its licensors, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Secret Weapon Studios or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge Secret Weapon Studios’ exclusive rights in the Secret Weapon Studios trademarks and service marks.

Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. SECRET WEAPON STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SECRET WEAPON STUDIOS MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from Secret Weapon Studios or through or from the Service will create a warranty not expressly stated in the Terms.

Limitation of Liability

You expressly understand and agree that Secret Weapon Studios will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Secret Weapon Studios has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration or alteration of your transmissions or data, (c) statements or conduct of any third party including advertisers on the Service, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, or (e) any other matter relating to the Service. In no event will Secret Weapon Studios be liable for any amount of money over $100.00, which you acknowledge to be a fair and reasonable sum.

GDPR Compliance

The provisions in this section apply to users who are individuals residing in a European Union country (“EU Residents”). The General Data Protection Regulation, or GDPR, is a European Union regulation that governs the relationship between Secret Weapon Studios and EU Residents. Under the GDPR, Secret Weapon Studios is considered to be a “data controller.” This means that Secret Weapon Studios determines how and why personal data is processed.

In the course of providing the Service, Secret Weapon Studios may collect certain identifying personal data about EU Residents, including name, identification number, location data, online identifier, photographs, videos, etc. In these Terms, any such personal data that can be used to identify a specific person will be called “Personal Data.” As an EU Resident, you have the following rights, which we call Data Rights:

• You have the right to obtain confirmation from Secret Weapon Studios as to whether we are processing Personal Data concerning you.
• You have the right to information about the processing of your Personal Data, such as the purposes, the categories of Personal Data, recipients, etc.
• You have the right to obtain a copy, in electronic format, of any Personal Data concerning you that we hold.
• You have the right to be forgotten. This means that you have to right to have Secret Weapon Studios erase your Personal Data. You also have the right to have Secret Weapon Studios stop any further dissemination of your Personal Data. If Personal Data was collected when you were a minor, we are obligated to delete it upon your request. However, Secret Weapon Studios has the right to maintain your Personal Data in the following cases:

(a) If the Personal Data we hold is needed to exercise the right of freedom of expression;

(b) If we have a legal obligation to keep your Personal Data;

(c) If we need to maintain your Personal Data for reasons of public interest, such as public health, scientific, statistical, or historical research purposes; or

(d) If your Personal Data has undergone an appropriate process of anonymization.

• You have the right to object to the processing of your Personal Data for specific reasons. In such a case, Secret Weapon Studios will stop processing your Personal Data unless we need to process the Personal Data for reasons that override your rights and freedoms, or if we need the data for the establishment, exercise, or defense of legal claims.
• You have the right to object at any time to the processing of your Personal Data for direct marketing purposes.

To exercise any of your Data Rights, please contact Secret Weapon Studios at support@secretweapon.studio. Please note that there is no charge for exercising any of your Data Rights. However, if we determine that requests are unfounded or excessive, in particular because of their repetitive nature, we have the right to charge a reasonable fee or refuse to act.

Disputes

If there is any dispute about or involving the website and/or the Service, you agree that any dispute will be governed by the laws of the State of New York without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN NEW YORK, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

General Information

These Terms constitute the entire agreement between you and Secret Weapon Studios and govern your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software.

The failure of Secret Weapon Studios to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Nothing contained in the Terms will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.