Welcome to PerBlue Entertainment, Inc.'s ("PerBlue Entertainment", "We", "Our") action game, Portal Quest ("Game"), and all associated PerBlue Entertainment services provided at or through Portal Quest (collectively, "Portal Quest") including http://www.PerBlue.com however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, "Websites").
Portal Quest's users must be aged 13 years or older at the time of account creation. If you are under the age of 13, cease using Portal Quest immediately.
If you are a parent or legal guardian of a child who is using Portal Quest and you wish PerBlue Entertainment to disable your child's account, please email PerBlue Entertainment at legal@PerBlue.com, subject: Delete my child's account.
You agree NOT to:
Portal Quest is intended only as a Game for Devices. It should not be used while driving or operating any vehicle or other means of transportation, or used in any situation where such use could lead to death, personal injury, severe physical injury or property damage. You agree that your use of Portal Quest shall be at your sole risk. Portal Quest is provided "as is" and without any warranties of any kind.
PerBlue Entertainment expressly disclaims all warranties, expressed or implied, related to Portal Quest and your use thereof, including, warranties of title, merchantability, fitness for a particular purpose or non-infringement or warranties of uninterrupted, timely, secure, or error-free use or operation.
If you purchased the Game from a third party platform (e.g. Google Play), your sole remedy is to request a refund from such platform and, consistent with its policies, the platform will refund the purchase price for Portal Quest to you. To the maximum extent permitted by law, the platform will have no warranty obligation whatsoever with respect to Portal Quest and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Portal Quest.
PerBlue Entertainment does not warrant or make any representations regarding the use or the results of the use of any Portal Quest Information, terms of security, safety, correctness, accuracy, reliability, or otherwise. You assume the entire cost of and responsibility for any necessary servicing, repair, or correction related to your use of Portal Quest or download of the Game. In no event shall PerBlue Entertainment or any third party platform be responsible for any such servicing, repairs or corrections. You understand and agree that you access, download, or otherwise obtain Portal Quest, or material or data through the use of Portal Quest, at your own discretion and risk.
PerBlue Entertainment assumes no liability or responsibility for (a) errors, mistakes, or inaccuracies of Portal Quest; (b) any products or services listed on or purchased through Portal Quest; (c) any acts, omissions and conduct of any users, advertisers and/or other parties on or through Portal Quest; (d) any unauthorized access to or use of Portal Quest servers and/or any and all personal information or other data stored therein; (e) any interruption or cessation of transmission to or from Portal Quest; (f) any injuries physical or emotional to you or third parties related to use of Portal Quest; (g) any illegal activity in connection with Portal Quest; and (h) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Portal Quest.
PerBlue Entertainment does not warrant, endorse, guarantee, or assume responsibility for any product listed or sold by a third party through Portal Quest or any hyperlinked website or featured in any advertisements.
To the maximum extent permitted by law, PerBlue Entertainment expressly disclaims all liability for product defect or failure of Portal Quest or the Devices on which it is loaded, claims that are due to normal wear, Portal Quest or Device misuse, abuse, modification, improper product selection, non-compliance with any codes, or misappropriation. PerBlue Entertainment makes no warranties to those defined as "Consumers" in the Federal Trade Commission's Magnuson-Moss Warranty Act.
PerBlue Entertainment will not be a party to or in any way be responsible for monitoring any transactions or interactions between You and other Users or third-parties. As with use of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Your sole and exclusive remedy from any use of, or inability to use, Portal Quest, shall be for you to discontinue use of Portal Quest.
To the extent that there are claims not covered by the disclaimers, limitations of liability and indemnifications herein, PerBlue Entertainment, not any third party platform, is responsible for addressing any of such claims related to Portal Quest or Your possession and/or use of Portal Quest, including but not limited to (a) product liability claims; any claim that Portal Quest fails to conform to any applicable legal or regulator requirement; and (b) claims arising under consumer protection or similar legislation.
In the event of any third party claim, not covered by the disclaimers, limitations of liability and indemnifications herein, that Portal Quest or your possession and use of Portal Quest infringes that third party's intellectual property rights, PerBlue Entertainment, not any third party platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
All of the content on Portal Quest including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content ("Content"), is owned by PerBlue Entertainment, its licensors, vendors, agents or content providers. All elements of Portal Quest including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.
Users who use the Portal Quest Forum or send email to PerBlue Entertainment staff are required to agree to the following additional terms and conditions that govern all communications on the Forum between the User, other Users, and/or PerBlue Entertainment and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Forum:
You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chat room postings, ideas, suggestions, concepts, designs, or other material ("Material") You submit to any physical PerBlue Entertainment company address, to any website owned or controlled by PerBlue Entertainment, or to any e-mail addresses contained in or on those web sites (each a "PerBlue Entertainment Location") and that You submit in your capacity as a User, in PerBlue Entertainment's sole discretion, shall be the property of PerBlue Entertainment.
When You submit any Material to a PerBlue Entertainment Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to PerBlue Entertainment and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to PerBlue Entertainment, PerBlue Entertainment has the right to use the Material for as long as it wants, in any way it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You at any time. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.
You agree to treat any communication or information you receive from PerBlue Entertainment, through Portal Quest posted by PerBlue Entertainment, in Portal Quest in a private forum, through e-mail, or in PerBlue Entertainment's bug tracking system as confidential ("Confidential Information") and refrain from sharing it with any third parties, including other Users and PerBlue Entertainment competitors. Such Confidential Information may include without limitation, previews of designs or models for the Game, software, source code, bug reports, any information provided by PerBlue Entertainment to beta testers, any information in tech support e-mails, private forum messages, private messages in the Game, and marketing information.
If You do not agree to these additional terms and conditions governing communication, you should not partake in correspondence with PerBlue Entertainment and should not use the Forum.
PerBlue Entertainment is not responsible for Your interactions with other Users, including playing, communicating, networking, any purchase or sale of goods, and/or any other interactions between You and other Users. All such interactions made using Portal Quest should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. PerBlue Entertainment bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, PerBlue Entertainment is under no obligation to become involved. You release PerBlue Entertainment and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, Portal Quest and PerBlue Entertainment.
Portal Quest may contain links to third-party websites that are not owned or controlled by PerBlue Entertainment. All such links are provided solely as a convenience to You. PerBlue Entertainment has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. PerBlue Entertainment does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the Portal Quest, You expressly relieve PerBlue Entertainment from any and all liability arising from Your use of any third-party website.
The Websites also include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to the Websites, and that your use of the third party services is subject to the terms and policies of those services. In some cases, the Websites may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.
PerBlue Entertainment has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials ("Advertisements") on or in connection with Portal Quest for its sole benefit. You will not, and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with Portal Quest.
Deletion. You may delete Your Portal Quest account at any time, for any reason. Email PerBlue Entertainment at legal@PerBlue.com, subject: Delete my Portal Quest account.
Effects of Termination. Upon any such termination, Your rights to access and use Portal Quest shall automatically terminate. PerBlue Entertainment has no obligation to delete, remove, or retain Your User Submissions or any Virtual Items, and they may remain active on Portal Quest. In addition, even if User Submissions or Virtual Items are deleted from active display on Portal Quest, they may be recorded and saved by PerBlue Entertainment in its archives.
Modification. PerBlue Entertainment may at any time modify the Game or Websites, any characters in the Game or Websites, or any physical characteristics of the Game or Websites at any time for any reason (or no reason) and without notice to You.
PerBlue Entertainment respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
PerBlue Entertainment's designated Copyright Agent to receive notifications of claimed infringement is: Justin Beck legal@PerBlue.com or mail to PO Box 1861, Madison, WI 53701. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
We may give notice to Our Users of any infringement notice by means of a general notice on any of Our Websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
We will refer to subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe to (collectively, "use" or "using") Portal Quest as "Users" and "User", "You" or "Your" throughout this policy.
Most of our Users will use Portal Quest as it was intended — a harmless way for friends and strangers to play together. Please take care with how you play Portal Quest, and how you manage your information and communications on Portal Quest.
Please be aware that any profile, personally identifiable information that you voluntarily disclose on any public forum on our Websites or through any action including but not limited to messaging within our Game, is publicly available and can be read, collected, or used by others, and could be used to send you unsolicited messages. Perblue Entertainment is not responsible for any third party use of User profiles, personally identifiable information, or any other identifying information that you choose to disclose publicly using Portal Quest.
Users must create a unique account name and may need to provide all or some of the following: his or her name, Facebook data, Facebook ID, age, email address, phone number, and password to Perblue Entertainment to activate an account for use in Portal Quest (collectively, "Personal Information").
When you play our Game, we collect certain types of technical information about your device running Google Android, computer, tablet, or any other method used to access and operate Portal Quest ("Device"), including but not limited to unique device ID, device type, carrier, location, default device language, and platform (collectively, "Device Information").
Perblue Entertainment may collect additional profile/account information about Users from Third Party Platforms that you have agreed may be shared by those Third Party Platforms, including without limitation Facebook, advertising networks, surveys, and other data collectors. Except where we have obtained your express consent, Perblue Entertainment only shares Personal Information with Third Party Platforms to the extent expressly allowed by the User. You additionally allow us to access information contained in cookies placed on your device by the Third Party Platform as permitted by the terms of your agreement and privacy settings with the Third Party Platform. We may share this information with the Third Party Platform for their use as permitted by the terms of your agreement and privacy settings with the Third Party Platform.
A User's Personal Information, Device Information will be retained for each User for as long as Perblue Entertainment's business needs require as determined at Perblue Entertainment's sole discretion, unless the User contacts Perblue Entertainment and requests to have his or her Personal Information and/or Device Information deleted in accordance with the procedure outlined in the section titled "How to Delete Information Obtained by Perblue Entertainment."
Perblue Entertainment may use data collected from you, after removing any data that identifies any specific User from Personal Information and Device Information and combine such remaining data to create "Aggregate Information." Such anonymous Aggregate Information is not personally identifiable and is not Personal Information or Device Information.
Playing the Game may require the use of a device running Google Android. If you want to receive SMS text notifications from Portal Quest, a messaging (including SMS text messages) plan is also required. Standard data and messaging charges, fees, and taxes from the User's carrier apply to any SMS text notifications you receive from Portal Quest.
To use Portal Quest, the User must consent to: (a) the receiving of text messages; and (b) pay carrier data, messaging, and other fees resulting from Portal Quest use.
We may occasionally email you with offers, promotions, and/or information of interest. To opt out of emails from us, please follow the unsubscribe instructions contained in the relevant emails or contact us at legal@Perblue.com. Our applications may also deliver notifications to your phone. You can disable these notifications in your phone's settings or by deleting the relevant application.
When Users and others visit our Websites, Perblue Entertainment collects the visitor's IP address (the unique set of numbers used to identify the visitor's computer), and his or her registered domain or home server. When Users use Portal Quest, including the Game, Websites including the Forum, or bug tracking system, Perblue Entertainment's servers automatically record certain information about their usage from their mobile device and/or web browser. These server logs may include information such as a Device identification number and Device identifier, web requests, Internet Protocol address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the number of messages related to the User's profile, the amount of time spent on particular web pages, and the dates and times of requests. Perblue Entertainment, its contractors and other third parties that help Perblue Entertainment provide Portal Quest and the Websites ("Perblue Entertainment's agents") may use "cookies" to improve visitors' experience at the Website.
If a visitor requests information by sending Perblue Entertainment an email or accesses the Game, Perblue Entertainment may save the visitor's e-mail address and any other information that the visitor or User provides. This information may be used by Perblue Entertainment to provide services or products the visitor requests and to contact the visitor in the future by mail, by e-mail, or by phone to convey information about Perblue Entertainment's services. Such information also allows Perblue Entertainment to respond to visitors' inquiries concerning career opportunities at Perblue Entertainment. Visitors will always be provided with the option not to be contacted or to unsubscribe if they register with the site.
A User may have his or her Personal Information and Device Information deleted by emailing legal@Perblue.com with the Memo Title: Delete User Information from the email address used to create the account. This will result in the account being deleted.
Perblue Entertainment uses a variety of physical, technical, and procedural safeguards to guard against loss, misuse, and alteration of Personal Information and Device Information. For example, Information transmitted from mobile devices to Perblue Entertainment is encrypted; access to Personal Information is limited to Perblue Entertainment and contractor personnel who need the information for Portal Quest; and Perblue Entertainment uses and requires its contractors to use technical measures to guard against unauthorized access to Personal Information. Perblue Entertainment also requires Users to use usernames and passwords to access Personal Information. Perblue Entertainment cannot, however, guarantee the security of any Personal Information, Device Information, or information collected from the Websites or other correspondence including e-mail. Despite Perblue Entertainment's efforts to secure such information, it may be accessed, disclosed, altered, or destroyed by a breach of Perblue Entertainment's physical, technical, and procedural safeguards. Users use Portal Quest and visitors go to the Websites at their own risk. If Perblue Entertainment learns that a User's Personal Information, or Device Information has been disclosed to an unauthorized person, Perblue Entertainment will attempt to notify the User.
Perblue Entertainment uses each User's Personal Information and Device Information to provide Portal Quest to the User. Providing Portal Quest to the User may include the following uses of Personal Information, and Device Information:
Perblue Entertainment does not use Personal Information to send commercial or marketing SMS text messages or email messages to Users without their express consent, unless they have opted-in to be part of a specific program or feature in accordance with the applicable Portal Quest consent procedures.
Perblue Entertainment may use Aggregate Data to analyze how Users use Portal Quest to determine ways in which Perblue Entertainment can improve Portal Quest and to consider offering new services to Users. Perblue Entertainment may also use information collected from the Websites to analyze traffic to the Websites to determine how to improve them.
Perblue Entertainment may use or disclose Personal Information, Device Information, and information collected through e-mail or from the Websites: to comply with applicable laws; to protect the rights and property of Perblue Entertainment or others; to protect a person's safety; to prevent abuse; as evidence in legal proceedings; to cooperate with properly authorized law enforcement investigations; and in response to subpoenas from third parties. If permitted by law, Perblue Entertainment will use good faith efforts to promptly notify a User of any subpoena that seeks any of the User's Personal Information or Device Information to enable the User to seek to quash the subpoena.
Perblue Entertainment may disclose or sell Personal Information, Device Information, and information collected from the Websites as an asset in conjunction with the sale of Perblue Entertainment to a third party or in conjunction with the sale of a portion of Perblue Entertainment's assets.
Perblue Entertainment recognizes the importance of protecting the privacy of children. Consistent with the Children's Online Privacy Protection Act, Perblue Entertainment will not knowingly collect any Personal Information or Device Information from anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS Portal Quest AT ANY TIME OR IN ANY MANNER. If Perblue Entertainment learns that Personal Information of persons less than 13-years-of-age has been collected through Portal Quest without verifiable parental consent, then Perblue Entertainment will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 18 has obtained a Portal Quest account against your wishes or without your consent, then you may alert Perblue Entertainment at legal@Perblue.com and request that Perblue Entertainment delete that child's Device Information, Personal Information, and account from its systems.
Portal Quest is hosted in the United States. Users who use Portal Quest from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.
In the event that Perblue Entertainment is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control so that Perblue Entertainment can continue operations. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how Users' Personal Information and Device Information is treated, transferred, or used. Users will be notified via notice through Perblue Entertainment of any such change in ownership or control of their Personal Information and Device Information.