Welcome and thanks for your interest in the products and services of Stryve, Inc. ("Stryve"). By accessing and applications, market spaces, websites, or forums created or maintained by Stryve (the "Apps"), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms"). "Stryve", "we", "us", or "our" refer to Stryve, Inc., and all of its subsidiaries.
Stryve reserves the right to revise these Terms at any time. If we do, we will post the modified Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Your continued use of the Apps constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Apps.
These Terms will cover your use of all products and services of Stryve, including but not limited to our Website, Forums, mobile applications or other Apps on any or all platforms. The Terms will apply to all online and socially connected Apps.
You must provide all equipment and software necessary to connect to the Apps, including, but not limited to, a mobile device that is suitable to connect with and use the Apps, in cases where the Apps offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Apps. You are also responsible for adhering to any third party terms for using any third party SNS or mobile platforms.
"Content" means all software, communications, images, sounds, and material perceived or made available from the Apps. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Stryve. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Stryve, its logos, and the Apps' names are trademarks of Stryve and may not be used without Stryve's express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Goods acquired and developed during the course of the Apps, are the sole and exclusive property of Stryve or its licensors. Stryve may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Stryve or any other third party.
You understand that the Service is an evolving one. Stryve may require that you accept updates to the Apps you have installed on your computer or mobile device. You acknowledge and agree that Stryve may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Apps.
Without limiting any other remedies, We reserve the right to limit, suspend, terminate, modify, or delete your account or access to any or all of the Apps or portions thereof if you are, or Stryve suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Apps, with or without notice to you, at any time. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired, earned or developed during the Apps. You can lose your user name and/or persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Apps, and Stryve is under no obligation to compensate you for any such losses or results.
Stryve reserves the right to stop offering and/or supporting the Apps or a particular part of the Apps at any time either permanently or temporarily, at which point your license to use the Apps or a part thereof will be automatically terminated or suspended. In such event, Stryve shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Apps.
Termination of your Account can include disabling your access to the Apps or any part thereof including any content you submitted or others submitted.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, ip addresses and your personal information) may be accessed and monitored as necessary to provide the apps and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the apps is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of stryve, including to enforce our terms.
By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Apps. If you have a dispute with other users, you release Stryve and hereby agree to indemnify Stryve from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY STRYVE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STRYVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STRYVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STRYVE DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM STRYVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STRYVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STRYVE'S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By accessing and using the Apps, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Stryve. You agree to conduct any disputes through Arbitration unless otherwise specified in this section. Arbitration shall be conducted through the American Arbitration Associations (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The AAA will determine payment of all arbitration fees. Parties will share in the costs of arbitration. As an exception, either you or Stryve may elect to utilize small claims court in the sole jurisdiction of King County, Washington. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. Any claims not covered under these terms shall be governed in the exclusive jurisdiction of the King County.
You agree to defend, indemnify and hold harmless Stryve, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys' fees and costs, arising out of your use the Apps and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. Stryve reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Stryve, and you agree to cooperate with Stryve's defense of these claims. Stryve will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or the Apps.
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in a way that may constitute copyright infringement, you can provide notice of your claim to Stryve's Designated Agent listed below. For your notice to be effective, it must include the following information:
Stryve may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
In the event of a conflict between a translation of the Stryve Policies and the English version, the English version of the Stryve Policies will control.
The failure of Stryve to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You acknowledge that the rights granted and obligations made under these Terms to Stryve are of a unique and irreplaceable nature, the loss of which shall irreparably harm Stryve and which cannot be replaced by monetary damages alone. Accordingly, Stryve shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Apps, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Apps or any content or other material used or displayed through the Apps and agree to limit your claims to claims for monetary damages, limited by Section XII (if any).
Stryve shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Stryve, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Stryve's control such as acts of God, war, riots, fire, floods, natural disaster, criminal activity, accident, alien invasion, act of government or terrorism, embargoes, network infrastructure failures, strikes, shortages of material or supplies or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
These terms and conditions constitute the entire and exclusive agreement between you and Stryve concerning your use of the Apps and supersedes any and all statements or other agreements, whether oral or written, between you and Stryve regarding that use.