Terms of Use

Scope & Acceptance

These Terms of Use (“Terms”) govern your access to and use of the Present Day Media, LLC (“PDM,” “we,” “our”) websites, games, and applications that reference them. By visiting or using any PDM experience, you agree to comply with these Terms and all applicable laws. If you do not agree, do not use our services.

Supplemental guidelines or product-specific terms may apply to certain features. When posted, those terms become part of your agreement with us.

Eligibility & User Conduct

You may use our services only if you can form a binding contract with PDM and are not legally prohibited from doing so. You agree to use the services solely for lawful purposes and in a manner that does not infringe, misappropriate, or violate any rights of others.

• No attempting to gain unauthorized access to systems, networks, or data.
• No introducing malware, automated scripts, or other harmful code.
• No interfering with or disrupting the integrity or performance of the services.
• No impersonating any person or misrepresenting your affiliation with an entity.

Intellectual Property

The services, including all content, artwork, logos, software, gameplay, and documentation, are owned by PDM or our licensors and protected by intellectual property laws. Except for the limited rights expressly granted to you under these Terms, we retain all rights, title, and interest in the services.

You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the services without our prior written consent unless a law provides you permission to do so despite this restriction.

User Content & Submissions

Some PDM experiences allow you to submit content, such as leaderboard names, scores, or feedback. You retain ownership of the content you submit, but you grant PDM a non-exclusive, worldwide, royalty-free license to host, display, modify, reproduce, and distribute that content for the purpose of operating, promoting, and improving the services.

You are responsible for the content you submit and must ensure it does not infringe rights of others or violate these Terms. We reserve the right, but have no obligation, to remove or refuse any submission for any reason.

Third-Party Services

Our services may link to or interoperate with third-party platforms (for example, Google, Firebase, and advertising networks). Your use of those services is subject to the third parties' own terms and policies. PDM is not responsible for third-party content, features, or the availability of those services.

Updates & Availability

We may update, suspend, or discontinue any service or feature at any time without liability. We are not liable for any loss or damage caused by scheduled or unscheduled downtime, maintenance, or changes to the services.

Disclaimers

The services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, PDM disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, PDM and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of the services.

Our total liability for any claim arising out of or relating to the services is limited to the greater of fifty (50) U.S. dollars or the amount you paid to us, if any, for the service in the twelve months before the event giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless PDM and our affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in any way related to your access to or use of the services, your content, or your violation of these Terms.

Governing Law & Venue

These Terms are governed by the laws of the State of Indiana, USA, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction of the state and federal courts located in Marion County, Indiana, for any dispute arising out of or relating to the services.

Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will update the “Last updated” date and post the revised Terms on this page. Your continued use of the services after changes become effective constitutes acceptance of the updated Terms.

Contact Us

Questions about these Terms can be sent through our Contact Form. We may ask you to verify your identity before addressing certain requests.

Product-Specific Terms

The following supplements apply to specific Present Day Media experiences. If there is a conflict between these supplements and the provisions above, the supplement controls for that product.