Terms of Service

Last Modified Sat, 29 April 2017 (12:12 AM UTC)

Table of Contents

Preface

Our purpose in this document is not to overload you with "legalese" and big words, but rather to formally outline the agreement between you and us. In a perfect world, everyone would interact seamlessly and without issue; however, in this imperfect world, agreements like this Terms of Service become necessary in order to protect both you, the user, and us, the provider.

It's important to note that, should you have any questions or concerns regarding these Terms of Service, we are always available to you via the Support area of your Account page (login and go to https://totem.gg/support), and directly via email at support@totem.gg.

To avoid confusion, Totem is a product/website, desktop application, iOS and Android application, and other common forms of software developed and owned by our company, Totem Group, Inc. We are based in the USA and incorporated in the state of Delaware. Totem Group, Inc reserves the right to modify our Terms of Service, Privacy Policy, Content Creation and other legal policies, agreements, and documents at any time, without prior notice to you. We will attempt to notify our registered users by email, changelogs and site-wide notification when modifications are made and where applicable, but ultimately it is up to you to ensure you stay up-to-date and informed on the latest changes to our policies.

A: Definitions

For brevity, we may use the terms "Totem Group, Inc", "Totem Group", "Company", "Platform" "Totem", "Totem", "we", "our" or "us" when referring to Totem Group, Inc as a company, or Totem as a website, app, service, software, or platform. Collectively We may refer to our website network and the products and services offered by Totem Group, Inc and available through the Totem.GG domain name and Totem Group, Inc website network ("Websites" or "Platform") as "Content". The definition of Content is further defined below. This Terms of Service (also, "Terms", "Document") is an agreement between Totem Group, Inc and you (also, "User"), and describes the terms and conditions applicable to your access and use of our Websites. We may use the term "Policies" to reference all Totem Group, Inc policies, including but not limited to our Terms of Service, Privacy Policy, and Content Creation policy. All of our policies are publicly available at https://totem.gg/policies. Users may reference both public and registered users on our Platform, though the term "Registered User" applies to users with a Totem Account ("Account", defined further below), and the term "Public User" applies to users without a Totem Account and Registered Users that are not logged in to their Totem Accounts.

B: Your Acceptance

By using and/or visiting this website you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and the conditions dictated by Our Privacy Policy and other policies applicable to the Platform, all of which are published and publicly accessible at https://totem.gg/policies and which are incorporated herein by reference.

We make frequent reference to our Terms and other Policies throughout our website, and we specifically reference our Terms and Privacy Policy every time a user accesses their account or creates a new account, uploads or adds or links to new content, or interacts with other users on our Site. Direct hyperlinks to our Terms and Privacy Policy are included in the footer at the bottom of every page of our Platform.

The terms and conditions contained in these Terms may not be the only terms that apply to certain activites or transactions you may conduct on our Websites.

C: Totem Account

An Account may be required to access and use some Totem Group, Inc services and products. Questions related to Account registration and management may be directed via email to support@totem.gg, and some commonly asked questions and answers may be available throughout our Platform.

To create an Account, you must be 18 years of age or older (minor children must have the consent of their parents and/or legal guardians, whom then accept full responsibility for the conduct of the child), and have and provide a valid email address. While all other information (with exception to the creation of a password associated with Account authentication) is optional and voluntarily provided by you, you agree that all information you provide is truthful and accurate. Because of the nature of the video gaming industry, some information such as your display name (or "Handle"), may not have any tangible, real-life representation or basis; we simply request that all information that may correlate with your physical identity (example, but not limited to, your first and last name and location) be provided truthfully and accurately.

When creating an Account, you must be eligible to use the Totem Group, Inc service or product for which you are registering. Display names and other information you provide are tied to your Account. You may not use a display name containing overt references to illegal activities or discriminatory language, or that otherwise violates Totem Group, Inc Policies.

You are solely responsible for all activity on your Account. While we reserve the right to terminate your Account at any point, without prior notice to you, for any reason, we do not normally terminate Accounts unless they violate our Terms of Service or otherwise engage in activity that is improper or illegal.

You should not reveal your Account password to others; Totem Group, Inc does not store or view your password in plaintext, nor will we ever ask you to reveal your password, security questions, or other security-related information regarding your Account. You must notify us immediately should you become aware of any breach of security or unauthorized use of your Account or our Platform. Although Totem Group, Inc is not liable for for any losses caused by unauthorized use of your account, you may be liable for the losses of Totem Group, Inc or other Users due to such unauthorized use.

At any time, you may request a Basic Data Wipe or Full Data Wipe on your Account. A Basic Data Wipe keeps your basic Account information, such as your email, display name, and essential account information intact while removing all other content directly associated with your account. A Full Data Wipe removes all content directly associated with your Account, including the Account itself; once the process is complete, you will no longer be able to acess to your Account (as it will no longer exist). We presently process both Basic Data Wipes and Full Data Wipes in a semi-automated manner, so it may take some time to process your request and remove all applicable information from our Platform.

D: Content

"Content" on the Totem Platform includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio, visual and other material appearing on or referencing to and/or from Totem Group, Inc, as well the as the design and appearance of our Websites. Content includes user-generated Content ("UGC"), which further includes but is not limited to Account information and any other Content contributed by Users on Totem Websites. All Content, with the exception of UGC discussed below in Section E - is owned by Totem Group, Inc or its affiliates, subsidiaries, partners, suppliers, or licensors. Totem Group, Inc makes no commitment as to the accuracy, completeness, and/or usefulness of UGC found on the Platform.

Totem Group, Inc is based in the United States of America and, as such, its founders strongly believe in and advocate freedom of speech & expression. We do not censor our own Content, UGC, or partner Content, except where required by law or in cases we feel the integrity or mission of Totem may be adversely affected (solely up to our discretion). We do not condone any discriminatory, illegal, or otherwise tasteless actions or the contribution of such Content. While we do not proactively censor or pre-screen any Content or UGC, for the purposes of this document, we obviously need to reserve the right, in our sole discretion, to remove any Content, including UGC, at any time without prior notice to you or other Users.

E: Contributing UGC to the Totem Platform & UGC License Grant to Totem Group, Inc

Totem Group, Inc does not manually pre-screen all UGC and does not endorse or approve any UGC that you and other Users may contribute to the Totem Platform. You are solely responsible for your UGC and certify that all UGC you contribute complies with our Terms and applicable federal and local laws in the area in which you live. Totem Group, Inc is based in the United States of America and, as such, likely became vulnerable to the NSA and other applicable governmental agencies and actors before we even finished drafting these Terms, so bear in mind that, while we will protect your UGC to the best of our ability, we are , like you, subject to (perhaps victims of?) the laws and regulations of the country in which we reside and base our operations.

We respect the intellectual property rights (IP) of others. You must have the legal right to upload UGC to the Totem platform. You may not upload or contribute any UGC on the Totem Platform that infringes on the copyright, trademark, or other IP of a third-party, nor may you upload UGC that violates the law, Totem Terms or Policies, and/or any third-party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. Totem Group, Inc may, without prior notice to you and in our sole discretion, remove any UGC or Content for any reason, at any time.

When you contribute UGC to the Totem Platform, you expressly grant Totem Group, Inc a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, use, publish, adapt, translate, archive, modify, reproduce, create derivative works from, license, print, distribute, transmit, broadcast, and otherwise display, sell and communicate the UGC or any portion thereof, in any manner or form and in any medium, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third-party. You grant Totem Group, Inc all licenses, consents, and clearances to enable Totem Group, Inc to use such UGC or such purposes, and you waive and agree not to assert any moral or similar rights you may have in such UGC. We respect and stand by your rights and decisions regarding your UGC - the purpose of this paragraph is to just give us the legal room to be able to do what we need to do on your behalf should you wish to make your UGC available (either freely or for a fee) to other Users.

F: Claims of Copyright Infringement

If you are a copyright owner or agent thereof and believe that any Content on the Totem Platform infringes upon your copyright, please submit notice to us via email (dmca@totem.gg) with the following information:

• The legally binding signature of the person authorized to act on behalf of the owner of the copyright, accompanied by a detailed description of the work you claim is/was infringed,

• The URL of the location on our Platform containing infringing material,

• A link to a screenshot or video recording of the infringing material (many URL's on our platform contain multiple sources of Content that change frequently),

• Your full name, direct phone number, email address, and physical address.

Should you submit a Claim of Copyright Infringement to us, you certify in doing so that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, that you are the copyright owner or certified to act on behalf of the copyright owner, and that all of the information you provide in the notice is accurate, under penalty of perjury.

You should be VERY sure before you submit a Claim of Copyright Infringement - we do not take them lightly, and false positives are likewise NOT TOLERATED and may result in you being blacklisted (among any other legal recourse we choose to pursue).

For security reasons, the screenshot or video recording you link to should be hosted on an established, well known host (such as Dropbox, Google, Facebook, etc [we are not affiliated with any of these platforms - but they are well known brands, and as such are great illustrations of our point]). We do not download any attachments sent to that email address, so links to files on well-known hosts helps ensure we can access the content while maintaining the security of our Platform. Note that sending attachments may flag your email as potential hazardous and affect email delivery - it is not our fault if you can't follow this simple bullet list and process. Do not add attachments.

G: Free and Paid/"Premium" Services, "Early Access"

Everything on the Totem platform considered "launch ready" by Totem Group, Inc is currently free until we finish planning and building our "Premium" (paid) services, and/or the remainder of the Totem Platform. We will be releasing more information on our "Premium" services and features at a later date. In the meantime, we are offering "Early Access" to specific Users, at Our discretion. "Early Access" is just that - early access to unreleased features and services on the Totem Platform that We hope to make available to everyone in the near future. At Our discretion, we may choose to help fund Totem Group and the development of the Totem Platform by offering "Early Access", "Premium", or other features and services to Users for a single or recurring monthly fee (likely as timed promotions before or immediately after the Totem Platform is completed). We will release pertinent information to Users as these services and features become available.

H: Rules of Conduct

You may violate the Terms if, as determined by the sole discretion of Totem Group, Inc, you:

• Promote, create, or distribute Content that is illegal in the USA (or elsewhere and we decide it may adversely affect Totem Group, Inc or our mission);

• Harass, threaten, personally attack, or spam other Users; performing any action or personal attack towards another User after their request to desist (or in extreme cases before a request to desist) may be considered harassment under these Terms, as per the sole discretion of Totem Group, Inc;

• Participate, either solo or in a group setting, in hate speech, active discrimination, infringement, or otherwise invading another User's personal privacy [your freedom and rights only extend to the point where you adversely affect the freedom and rights of other people];

• Impersonate another person (real identity, online persona, or otherwise) or indicate falsely, directly or indirectly, that you are an Totem Group, Inc employee or represent the interests of Totem Group, Inc;

• Attempt to retrieve another User's private information, including passwords, billing information, or any information not directly available to you (e.g. a User may mark specific information as being available only to specific organizations or Users - you should not attempt to access this information unless you are one of those Users or in one of those organizations);

• Upload any Content that you do not own or have permission to distribute on the Totem Platform;

• Promote, encourage, or otherwise participate (directly or indirectly) in any activity involving intentionally compromising the integrity, security, confidentiality, or uniformity of Totem Group, Inc and/or the Totem Platform, its stored data, transmissions and transmitted data. This includes but is not limited to hacking, cracking, phishing, social engineering, or other methods of exploiting, circumventing, or attacking Totem Group, Inc, its property, or any Users or UGC therein. If you (by accident) find a security flaw or potential exploit and report it to us, we will do our best to compensate you in a manner amenable to both you and Totem Group, Inc (we don't have enough capital to offer cash bounties - but we can probably work something out with you). ;Security is important to us - but flaunting or exploiting a flaw is distasteful and ultimately harmful to you and other Users.;;

• Upload any files that contain or contribute to the above, viruses, worms, spyware, corrupted data, or anything else that may cause direct or indirect damage to Totem Group, Inc, the Totem Platform, Users, our Partners or associated data;

• Modify or attempt to modify any file or any other part of Totem Group, Inc products or services that Totem Group, Inc does not specifically (in writing) authorize you to modify;

• Interfere with the Constitutional freedoms of other Users - specifically other Users' right to free speech, privacy, other Users' ability to enjoy our Platform, Totem Group, Inc' ability to provide our products and services, or materially increase the cost for Totem Group, Inc to provide a product or service to the enjoyment of its Users;

• Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation not specifically endorsed by Totem Group, Inc or its partners (non-spammy guild recruitment is an exception here, obviously).;

• Otherwise violating Totem Terms and Policies;

Specific Totem products or services may include additional rules or terms that apply to your conduct on those products or services.

Naturally, you must further act in accordance with all federal, state, and local laws, regulations, and rules that apply to your activities when you use our Platform. Where applicable federal or state regulations may directly contradict any section of these Terms, such contradictory section of these Terms will be deemed void and all other Terms in this Document will remain valid, active, and binding.

Unless otherwise specified, there is no requirement or expectation that Totem Group, Inc will monitor or record any online activity on our Platform, including communications. However, Totem Group, Inc reserves the right to access and/or record any online activity on our Platform; further, you give Totem Group, Inc your express consent to access and record your activities. All activities recorded are considered to be UGC, and are thus subject to our Data Wipe policies (meaning at any point in time you may request to view or wipe all data related to your account, including even your account itself).

Should you encounter any User that you believe is violating any of these Terms or our other Policies, you may contact our support via your Account page, or directly via email at support@totem.gg.

I: Updates to Totem Platform

From time to time, Totem Group, Inc may update our products or services, adjust certain parameters or values, or make other changes in order to provide and maintain our high quality products, services, and user experience. These updates may cause unknown bugs, issues, glitches, or setbacks within the Totem Platform and may affect Users' Accounts, groups, ranking, or other persistent values affecting a User or group's reputation or Account. While we make our best effort to ensure our updates and new services do not adversely affect existing Accounts, products, or services, we ultimately reserve the right to make these changes and we are not liable to you for these changes or their effect on Users, Accounts, or groups on our Platform.

J: Indemnification and Limitation of Liability

You agree to defend, indemnify and hold harmless Totem Group, Inc from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Totem Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your UGC caused damage to any third party. This defense and indemnification obligation will survive these Terms and your use of our Platform.

To the maximum extent permitted by law, you agree that the use of the Totem Platform, Website, Content, Totem Group, Inc Staff and Officers, other Totem Group, Inc products and services and related third-party products, services, and Content (collectively, "Totem Parties") are provided on an "AS-IS" basis, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. No warranty is given about the quality, functionality, availability, security, or performance of Totem Parties. Totem Group, Inc does not assume liability for inability to obtain, understand, or use any content, products, or services on a commercially reasonable basis and does not guarantee that you will be able to access or use Totem Parties at times or locations of your choosing, or that Totem Parties will have adequate capacity for Totem Parties as a whole or in any specific geographic area.

To the maximum extent by law, Totem Parties disclaim all liability, whether based in contract, negligence, tort, strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising directly or indirectly from access to or use of Totem Parties, even if Totem Parties have been advised of the possibility of such damages. Without limiting the foregoing, in no case shall the liability of Totem Parties exceed the amount that you paid to Totem Parties during the eight (8) months prior to the time your cause of action occurred.

Because some jurisdictions do not allow certain exclusions or limits of liability for certain damages, in such jurisdictions the liability of Totem Parties may be limited to the fullest extent permitted by law.

K: Location and Age

The Totem Website and Platform are based and controlled by Totem Group, Inc in the United States of America, and we make no representations as to the availability, performance, or appropriateness of the Totem Group, Inc Platform in other locations. Access to our Platform from outside the USA is subject to a User's own volition and the local laws and regulations of that location; Users are responsible for their own compliance with such regulations and law.

Further, the Totem Platform is not intended or directed towards individuals under 15 years of age. Totem Group, Inc does not knowingly collect information from Users under such age, and upon discovering a User is under 15 years of age (e.g. the User did not supply accurate, truthful information at registration), all information previously collected is immediately wiped and the account terminated.

L: Links to Third-Party Websites, Products, and Services

The Totem Platform may include hyperlinks to products, services, or websites operated by third-parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Totem Group, Inc does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

If you are concerned about your privacy (as you likely should be), we recommend that, should you see an ad for a product, service, or promotional offer you are interested in, you should visit the third-party site directly, instead of clicking on the ad. In this way, you can more readily avoid phishing attacks, malware, and other social engineering attacks on your identity or Account.

M: General, Supplemental, and Closing Terms

In addition to and subject to the above Terms, you agree that: the Totem Platform shall be deemed solely based in Delaware; the Totem Platform shall be deemed passive websites that do not give rise to personal jurisdiction over Totem Group, Inc, either specific or general, in jurisdictions other than Delaware. These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law rules. Any legal proceeding arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the Federal and State courts of Delaware and you consent to the jurisdiction of such courts.

You further agree not to bring claims on a representative, class member basis, or as a private attorney general. The failure of Totem Group, Inc 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 the Terms remain in full force and effect.

This notice, combined with the Privacy Policy, Content Creation Policy, and other Policies published by Totem Group, Inc shall constitute the entire agreement between you and Totem Group, Inc concerning the Totem Platform. Finally, you agree that any cause of action, desired by you, arising out of or related to the Totem Platform, must commence within three (3) months after the cause of action accrues. Otherwise, any such cause of action is permanently barred.

N: Questions, Further Concerns, Support

Please contact our support via the Support page in the Account page of our website (once you are signed in), or contact us directly via email: support@totem.gg.