Sava Studios

TERMS OF SERVICE

Last Updated: September 28, 2023

Sava Studios Inc., a Wisconsin corporation (“Sava Studios,” “we,” “us,” “our,” and their derivatives) provides Penguin Paradise, including any playtest program (collectively, the “Game”), websites, and subdomains (collectively, the “Websites”), and other online services (with the Game and the Websites, the “Services”). Please read these Terms of Service (these “Terms”) carefully because they govern your use of the Services. 

1. Agreement to Terms and Privacy Policy

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

BY USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (THE “PRIVACY POLICY”) THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE SERVICES.

2. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning the collection and processing of your personal information.

3. Children

In accordance with the policies of Meta® and Valve® for virtual reality games, the Game is not primarily directed to Children, and we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any personal information about Children. If you become aware that a Child disclosed personal information to us, please contact us by emailing us at support@savastudios.xyz so we may remove their personal information. User age may be collected by Meta® in accordance with its policies. A “Child” is a person under the age needed to consent to the processing of Personal Information in their country of residence (e.g., 13 years of age in the United States). Beginning in late 2023, Meta will allow parents to set up parent-managed Meta accounts for Meta Quest 2 and 3 for children ages 10-12.  We comply with Meta’s requirements for parent-managed accounts.  

4. Account Requirements

If you want to use the Game through your own account, you must be the minimum age required by Meta® for virtual reality games (e.g., 13 years of age in the United States) and must have a valid Meta account (collectively, “Accounts,” and each, an “Account”).  Beginning in late 2023, Meta will allow parents to set up parent-managed Meta accounts for children ages 10-12.  We comply with Meta’s requirements for parent-managed accounts. We do not administer Accounts, rather, they are administered by Meta. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. You must not permit a Child to access or use your Account unless it is a parent-managed Account and such access/usage complies with Meta’s applicable rules and regulations for parent-managed Accounts. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Sava Studios or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.

5. Intellectual Property Rights

All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the Services, are owned by Sava Studios, 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.

Sava Studios, Penguin Paradise, and all related names, logos, product and service names, designs, and slogans are trademarks of Sava Studios or its affiliates or licensors. You must not use such marks without our prior written permission, and we reserve all rights. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

6. Limited License to Use the Services

These Terms permit you to use the Services and view and use the content contained in the Services for your personal, non-commercial use only. As to the Game, the license contemplated by this Section gives you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, limited license to use one copy of the Game for your personal, non-commercial use for gameplay. For clarity, the foregoing license is only granted to those people that have purchased from or otherwise been given access to the Game by us or one of our third party publishers. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services. You must not access or use for any commercial purposes any part of the Services or materials available through them. No right, title, or interest in or to the Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by Sava Studios. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7. Feedback

You may elect to informally provide us with Feedback from time to time. You agree that Sava Studios will own, and you hereby assign to Sava Studios your intellectual property rights in and to any and all Feedback and that Sava Studios will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided by you, royalty-free and entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to us regarding the Services or any suggested improvements.

9. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

1. disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services;
2. exploit, harm, threaten, or harass anyone, or engage in any other conduct that affects anyone else’s use or enjoyment of the Services or may harm Sava Studios, as determined by us;
3. cheat, including, without limitation, by accessing the Game in an unauthorized manner, playing with multiple accounts for the Game, sharing accounts, using any techniques to alter or falsify a device’s location (for example, through GPS spoofing), or selling or trading accounts;
4. use the Services, or any portion thereof, to send advertising or promotional material or for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
5. impersonate or attempt to impersonate Sava Studios or anyone else; 
6. use the Services in any way that violates applicable laws, or use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights;
7. collect or store any personal information from the Services from other users of the Services, without their express permission;
8. remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
9. use, display, mirror, or frame the Services or any individual element within the Services, Sava Studios’ name, any Sava Studios trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Sava Studios’ express written consent;
10. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
11. modify, adapt, translate, or reverse engineer any portion of the Services, or use any manual process to monitor or copy any of the material on the Services for any other unauthorized purpose;
12. use any device, software, or routine that interferes with the proper working of the Services;
13. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
14. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Services are stored, or any server, computer, or database connected to the Services;
15. attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
16. otherwise attempt to interfere with the proper working of the Services; and
17. encourage or enable any other person to do any of the foregoing.

Although Sava Studios is not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating and updating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Services, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.

9. Health and Safety Precautions

While you are using the Game, please be aware of your surroundings, and play and communicate safely.

The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and safety risks not contained below. Sava Studios is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.

1. Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision, involuntary movements, or disorientation. Sava Studios is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep, and take 10- or 15-minute breaks every 30 minutes while playing the Game.
2. Motion Sickness. Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some users. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activities until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, earaches, or other health issues which may increase your susceptibility to adverse symptoms.
3. Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin, or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain: avoid excessive play; take a 10- to 15-minute break every 30 minutes while playing the Game; if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and if you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
4. Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to you playing the Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels so that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety, or when suffering from a cold, flu, headaches, migraines, or other illnesses.

10. Limited License to Broadcast Gameplay

Sava Studios believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each valid user of the Game (“Broadcasting User”) a personal, non-exclusive, non-transferable, revocable, limited license to broadcast such Broadcasting User’s unique gameplay (“Broadcasted Content”), but only through third party media that is, at the time of broadcast, currently approved by Sava Studios (“Approved Broadcaster(s)”). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you non-exclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that they opt out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content, including that user, is revoked.

The above limited license is subject to the additional conditions:

1. a Broadcasting User may only broadcast their own gameplay;
2. all Broadcasted Content must otherwise comply with these Terms and the Privacy Policy;
3. Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)’ applicable terms of service, policies, rules, and guidelines; and
4. Sava Studios may revoke a Broadcasting User’s license to broadcast for any or no reason and without notice.

Any user may revoke their permission to be included in Broadcasted Content by providing written notice to the applicable Broadcasting User of their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Sava Studios may also provide Opt-Out Notices, on a case-by-case basis, on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the user who opted out. Sava Studios does not assume any responsibility for ensuring compliance with the foregoing.

Below is an exclusive list of currently Approved Broadcasters. Users may only use Broadcasted Content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, and we do not make any representations as to the quality or functionality of the Approved Broadcasters’ services.

1. Twitch Interactive, Inc.
2. YouTube, LLC
3. Meta Platforms, Inc.
4. Twitter Inc.
5. reddit Inc.
6. Discord, Inc.

We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at support@savastudios.xyz

11. Playtests

Sava Studios may, in its sole discretion, ask you to participate in a playtest to help test and improve the Game (each, a “Playtest Program”). As consideration for your full participation in a Playtest Program and compliance with your obligations below, Sava Studios will provide you with a Game reward, as determined by Sava Studios.

As a participant in the Playtest Program, you may be exposed to confidential, pre-release materials and information about the Game. You may not share, copy, disclose, distribute, stream, publish, transmit, post, or otherwise make available to a third party, directly or indirectly, any non-public information that (a) we disclose to you, (b) you may disclose to us, or (c) you may otherwise learn as the result of your participation in the Playtest Program.

You may be asked to provide us with Feedback based on your play experiences and agree that we will own, and you hereby assign to us, any and all Feedback that you may provide to us.

As long as you are participating in the Playtest Program, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to use the Game and any other documents, information, materials, or communications relating to the Game, solely for the purposes of participating in the Playtest Program and providing Feedback to us about your experience with the Game. Use of the Game or confidential information regarding the Playtest Program in any manner not expressly permitted in these Terms is strictly prohibited.

We reserve the right, but are not obligated, to remove, disable, or suspend your participation in the Playtest Program at any time, without notice, and for any reason or no reason. We reserve the right to withdraw or change the Playtest Program, in our sole discretion and without notice. We will not be liable to you if for any reason all or any part of the Playtest Program is unavailable at any time or for any period.

We retain ownership and other applicable rights in the Playtest Program, which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 12. Changes to the Services 

We reserve the right to withdraw, modify, suspend, or discontinue any of the Services in our sole discretion and without notice. The Services are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. We may, from time to time, provide enhancements or improvements to the features or functionality of the Game, which may include patches, bug fixes, updates, upgrades, and other modifications. Updates may modify or delete certain features or functionalities of the Game. You agree that we have no obligation to provide any updates or continue to provide or enable any particular features or functionalities of the Game.

13. Reliance on Information Made Available Through the Services. 

We do not warrant the accuracy, completeness, or usefulness of any information made available through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any information made available through the Services.

14. Third Party Content

The Services may display, include, or make available third party content (including data, information, links, applications, and other products or services). This third party content is provided for your convenience only. We have no control over third party content and accept no responsibility for third party content or for any loss or damage that may arise from your use of such third party content. 

15. Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not link in such a way as to suggest any form of association, approval, or endorsement on our part.

16. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination of the Services, all provisions regarding Sava Studios’ limitation of liability and Sections 5 (Intellectual Property Rights), 7 (Feedback), 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnification), 20 (Governing Law and Jurisdiction), 21 (Waiver and Severability), and 22 (Entire Agreement) will survive such termination.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAME AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY SAVA STUDIOS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAVA STUDIOS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SAVA STUDIOS NOR ANYONE ASSOCIATED WITH SAVA STUDIOS REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAME AND SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM SAVA STUDIOS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SAVA STUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. SAVA STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SAVA STUDIOS, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SAVA STUDIOS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) THE USE OF OR INABILITY TO USE THE SERVICES, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES, EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAVA STUDIOS AND YOU.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless Sava Studios, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, members, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

20. Governing Law and Jurisdiction

All matters relating to the Services and these Terms and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Minnesota, without giving effect to any choice or conflict of law provision or rule.Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services must be instituted exclusively in the federal and state courts located in Hennepin County, Minnesota. You waive any and all objections to this Section and the exercise of jurisdiction over you by such courts in Hennepin County, Minnesota.

21. Waiver and Severability

No waiver by Sava Studios of any term or condition set out in these Terms will 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 Sava Studios to assert a right under these Terms will not constitute a waiver of such right. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

‍22.Entire Agreement

These Terms and the Privacy Policy are the sole and entire agreement between you and Sava Studios regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.

23. Changes to these Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Services, following the posting of revised Terms, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.

24. Contact Us 

If you have any questions about the Services or these Terms, please contact us at  support@savastudios.xyz If you are a law enforcement agency, please email us at support@savastudios.xyz with the subject line “Law Enforcement Request.”