Terms of service

Effective Date and Last updated: May 25, 2024

Welcome to the ThunderDay Games (“ThunderDay Games,” “we,” “us,” or “our”) website at playperiodparty.com (the "Site"). These Terms of Service, any applicable supplemental or promotional terms and conditions, and our Privacy Policy, which are incorporated by reference (collectively, the “Terms”) constitute a legal agreement between you, a user of the Site (“you” or “your”), and ThunderDay Games. The Terms govern your use of the Site, including all related webpages, and texts, information, photos, game design documentation, or other kinds of documentation and data (“Content”) that appears on the Site. Please read our Terms of Service and Privacy Policy carefully. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE.

1. Privacy Policy

Please review our Privacy Policy, which is part of these Terms of Service and describes how we handle any personal Information about Site users. By accessing, browsing, or using the Site, you expressly consent to the collection, use, storage, processing, and disclosure of your information, including personal information, as described in our Privacy Policy.

2. Intellectual Property

A. ThunderDay Games Ownership 

ThunderDay Games owns or licenses all right, title and interest (including patent rights, copyright rights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other applicable rights) to all the materials and Content on the Site, including but not limited to text, photographs, graphics, logos, button icons, audio, videos, game designs, and those rights are protected by United States and international applicable laws. 

B. Feedback

From time to time, you may submit comments, suggestions, information, questions, ideas, descriptions of processes, or other information to ThunderDay Games via contact forms or other means (collectively, “Feedback”). We may also solicit Feedback from you through playtests, surveys, interviews, or discussions. As we need to be able to freely work with your Feedback to improve our games, the Content, and the Site, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback.

C. Permitted Distribution 

You may copy or distribute the materials and Content that appears on the Site only for non-commercial purposes, specifically, research, teaching and learning, and other similar purposes regarding educational, health care, social issues. You may not use the Site materials or Content for any commercial purpose or in any manner that disparages or discredits any person. All distributed copies must display the following copyright notice: “Copyright ThunderDay Games.” Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such content.

3. Prohibited Uses

Unless you have received express written permission from ThunderDay Games or otherwise expressly permitted within these Terms, you may not: (a) use the Site or the Content for any unlawful purpose; (b) use the Site or Content in a manner that violates any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) distribute or otherwise use the Content for any commercial purposes; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to interfere with or circumvent the security features of the Site; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

4. Links to Other Websites

The Site may contain links to other websites. We do not endorse or sponsor any third party websites or the information, products, or services contained on any third party websites and we have no control over third party websites or their content. Access to and use of any third party website is solely at your own risk.

5. Site Availability and Support

You may access the Site if and when it is available. We do not guarantee availability of the Site or of materials and Content on the Site. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. We have no obligation to provide support in relation to the Site or Content.

6. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE SITE OR CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. WE DO NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND OUR CONTROL. THE SITE AND ALL CONTENT OR MATERIALS YOU DOWNLOAD OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THESE TERMS, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SITE SHALL BE LIMITED TO FIVE DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. YOU AND THUNDERDAY GAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

8. Indemnification

You hereby agree to defend, indemnify, and hold ThunderDay Games, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or applicable law.

9. Termination

We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason. Sections 2A, 2B, 7-10 of the Terms survive any such termination.

10. Governing Law and Exclusive Jurisdiction and Venue

These Terms and your use of the Site is governed by the laws of the State of New York applicable to contracts made and performed there, without regard to its conflicts of law principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, Content, or the Site will reside in the State and Federal Courts of New York, New York.

11. Changes to these Terms

We reserve the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means. You should periodically review these Terms for changes. The updated Terms will govern your use of the Site as of the Effective Date indicated at the top of these Terms. If you do not agree to the updated Terms, you should stop using the Site. Your use of the Site after the Effective Date of the updated version of these Terms will constitute your acceptance of the updated Terms.

12. International Use

ThunderDay Games servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject ThunderDay Games to any registration requirement within such jurisdiction or country.

13. General

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in the Site. If, at any time, we fail to respond to a breach of these Terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in writing and signed by us. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and ThunderDay Games with respect to the Site. Both you and ThunderDay Games warrant to each other that, in entering these Terms, neither you nor ThunderDay Games have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and ThunderDay Games or ThunderDay Games' successors and permitted assigns, will have any right to enforce any of these Terms.

14. Contact

If you have any questions, comments or concerns about the Site, you may contact us at the email listed below.