SMOL Games 

Terms of Use

Posted date: August 22, 2021

We at SMOL Games are delighted you want to learn more about our upcoming game, Hyde’s Haunt & Seek and about us.  Here is the basic point:

Don’t do anything that would annoy your mother or grandmother.

That might sound funny, but we think they tend to be thoughtful people who raised you to be respectful of other people, so:

  • Don’t bully or harass people or be snarky (even if you think it’s funny or they deserve it)

  • Don’t take other people’s stuff, including any parts of our game

  • Be proud of what you do

  • Be careful that your actions do not activate very nasty dogs, cats and zoo animals and space lasers (see below)

OK, that might not look like “legalese,” so here are the legally binding parts:

This Terms of Service (yes, it’s called a “TOU” and here, the “Agreement”) is a legal agreement between SMOL Games, Inc.(“SMOL,” “we” or “us”) and you. That means it is binding. If you do not agree to the terms of this TOS, then please stop. This Agreement commences on the date that you access our website or other places such as Discord and Patreon. That means it applies to your use of our website(s).

2. We authorize your Access and Use within these constraints:

We authorize you to access, review and comment on the materials we upload (“Materials”), your access and so forth always in accordance with the terms of this Agreement (that was easy, wasn’t it? Now it gets a bit more dense).  You shall not:  

  • basically, take our “stuff,” as really good people have made lots of sacrifices to make our stuff and it would just be mean and nasty of you, not to mention a violation of this Agreement;

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit any of our Materials; 

  • use your access in a way that interferes with or disrupts the integrity of our Materials (even if we use bad grammar) or the service(s) by which they are made accessible to you;  

  • modify, make derivatives of, reverse engineer, decompile, disassemble, decrypt, or otherwise tamper with our Materials (and the services for its delivery);  

  • use your access to and use of our Materials in any manner that is or could be in our reasonable opinion: unlawful; nasty; just plain stupid; or an infringement of any intellectual property rights;

  • defeat, avoid, by-pass, remove, disable, deactivate or otherwise circumvent any software protection mechanisms, restrictions on access, or any other features or functionalities;  

  • gain unauthorized access to SMOL networks or systems; 

  • knowingly disseminate viruses, adware, spyware, worms, or other malicious code through your access or use (that would really annoy your mother or grandmother, if they understood what they are);  

  • overload, flood, spam, or otherwise create an undue burden on our infrastructure; 

  • remove, alter, or obscure any proprietary or intellectual property rights notices or marks;  and/or 

  • use any of our Materials for commercial purposes or to create a derivative of it.

3. You can review and comment but you don’t have any other rights in our Materials

It should be pretty clear, but you must agree that we (and our licensors) own our Materials and only authorize you to access and use our Materials in accordance with this Agreement.  

Our rights in our Materials and in SMOL Games are protected by intellectual property laws (including treaties) and possibly by very nasty dogs, cats, zoo animals and space lasers.  We reserve all intellectual property rights, including copyrights and trademark rights.

The platform and networks that we use for your access and use are not under our control and we have no responsibility for their performance or your interaction with them.  Please remember that they may have their own Terms of Service (or other such binding agreements) to which you might be bound.

4. We do not provide warranties

YOU ACCEPT OUR MATERIALS "AS IS," AND SMOL (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMOL (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE REMAINS WITH YOU.

5. Our liability is limited

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL SMOL (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE XYZ OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SMOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SMOL’S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS TOS AND YOUR ACCESS TO AND USE OF HYDE’S HAUNT & SEEK SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

IN ADDITION, SMOL (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BEARS NO LIABILITY FOR ANY TECHNICAL INACCURACIES OR OTHER ERRORS, OR FOR DAMAGES RESULTING FROM USE OF THE INFORMATION IN ANY DOCUMENTATION.

6. Indemnification

You agree that you shall defend, indemnify, and hold harmless SMOL, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees), as incurred, arising out of or relating to your violation of this Agreement and/or your access to our Materials.

7. Changes to or unavailability of our Materials and possible losses of data

As this is a “public reveal,” it‘s pretty obvious that we will make a bunch of changes.  You agree that such changes are a part of our Materials and your access to and use of such changes are subject to the terms of this Agreement.  No, as smart as you might be, don’t make any changes—it’s against this Agreement and probably against the law;  it would probably annoy your mother and grandmother and might activate the very nasty dogs, cats, zoo animals and the space lasers.  

Our Materials might be unavailable from time to time during the term of this Agreement and anything you upload might be lost or corrupted (probably to our detriment and that of future generations) because of the changes or unavailability.  We have no liability for any damages arising from changes or unavailability.

8. Thank you for your feedback

We appreciate any feedback you give us (legally defined here as “Feedback”), but PLEASE TRY TO AVOID VILE COMMENTS OR USING ALL CAPS (as we just did).  That’s just rude.  

If you find something you don’t like, then please make suggestions.  Nicely.  If you do provide Feedback, then you grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use in any manner including creating derivative works and without compensation to you and without implying or creating any interest for you in any works.  We are considering giving discounts, gold stars on your daily report or other gifts to those who provide Feedback, but we don’t know yet.

9. Resolving Disputes

You and we agree that both of us shall try to resolve any disputes informally for a period of thirty (30) days after we let you know about a dispute or vice versa.  If we cannot come to a solution, then either of us has the option to file in court, but only in the jurisdiction specified below.

10. Suspending your access; ending this Agreement

We can suspend your access at any time without notice.  We won’t like it, but we need to be able to do this.  We and you can each end this Agreement by notice to the other, but remember that certain sections will survive, such as intellectual property (indefinitely); your indemnification (five years);  and “Resolving Disputes” and “Other Provisions” for as long as there might be a dispute.  

11. Other Provisions (please stay awake)

(a) Notice for Claims of Copyright Infringement.  The law requires this part.  If you are a copyright owner or agent for the owner and believe that our content infringes upon your copyright, please submit a notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information.  

While it is your right to submit such a request, please note that we understand that courts have ruled that you better be clear as to your belief that it infringes on a copyright and is not protected by the law.  

Please note that the following information is required by law in your request to remove the material that you truly think infringes (these are not something we came up with to complicate your life; it’s a real pain for us to deal with such requests and we much rather spend time on improving our game):  (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location on our website containing the material that you claim is infringing;  (iv) your address, telephone number, and email address; (v)  a 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send it by email (this is the 21st century) to our Copyright Agent at by email at legal@smol.fun.  A physical copy might be required, in which case we’ll let you know.

(b) Governing Law. The laws of the State of California and the United States shall govern the Agreement and all disputes arising out of it without reference to conflicts of laws. You consent to the exclusive and personal jurisdiction of courts sitting in Los Angeles County, California, including small claims courts.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  You are responsible for compliance with all local laws if and to the extent local laws are applicable.  

(c) Remedies.  You agree that we would be irreparably damaged if you breached terms of this Agreement.  Therefore, you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to such breaches, including preventing them, in addition to such other remedies as we may otherwise have available to us under applicable laws.  Choosing one remedy does not foreclose our right to exercise other remedies.

(d) No third party beneficiaries.  You agree that your access to and use of our Materials, this Agreement, and our enforcement of it, do not confer any rights or remedies on any person (or entity) other than SMOL and you.

(e) Waiver and Severability.  Failure to exercise or enforce—or a delay in doing so—any right or remedy in this Agreement shall not constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of the Agreement is determined to be invalid under any applicable law, the balance of the Agreement shall remain enforceable.

(f) Notices. Except as set forth in this section, all notices given under this Agreement shall be deemed as given: (i) three (3) business days after said notice is placed in the mail with the United States Postal Service, with a tracking number, first class postage prepaid, or (ii) two (2) business days after said notice is mailed via a reputable carrier such as FedEx, or (iii) upon confirmed receipt of an email to an authorized representative. In addition, you need to send a copy of your notice to SMOL at legal@smol.fun. 

(g) Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior written and oral agreements between the Parties regarding such subject matter. SMOL can change the terms of this Agreement by posting new terms and alerting you to such changes by posting on its site.  The new terms will take effect when posted.  No changes made by you in any document constitutes an amendment or other modification to this Agreement.

Still awake and alive?



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