Terms of Service

Agreement to Our Legal Terms

Plonks is owned and operated by Burrow Studio LLC, a Florida limited liability company with its address at 7901 4th St N, Suite 300, St. Petersburg, FL 33702, United States ("Company," "we," "us," "our"). We operate the website https://plonks.org (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Plonks is a free-to-play browser-based collectible trading game. Players earn tokens through daily rewards and activities, open packs to collect characters called Plonks across 8 rarity tiers, buy and sell on a player-driven marketplace, send direct trade offers, and compete on global leaderboards. The game includes real-time chat and social features. No download, installation, or payment is required to play.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Burrow Studio LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may modify these Legal Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we will notify you through the Services (for example, a banner or a prompt asking you to review and accept the updated terms) before or when the changes take effect. Changes required by security updates, new functionality, a court order, or bug fixes may take effect immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate your use of the Services as per the "Term and Termination" section.

Age requirement. The Services are intended for users who are at least 13 years old. Persons under the age of 13 are not permitted to use or register for the Services. By creating an account you confirm that you are at least 13. If you are under 18, you also confirm that your parent or legal guardian knows you are using the Services and permits it. If we learn that a user is under 13, we will delete the account and its associated data.

Our Services
Intellectual Property Rights
Artwork and Third-Party Content
User Representations
User Registration
Prohibited Activities
User Generated Contributions
Contribution License
Third-Party Websites and Content
Services Management
Moderation, Reporting, and Appeals
Privacy Policy
Copyright Infringements
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
Virtual Items & Randomized Packs
Your Mandatory Legal Rights
Miscellaneous
Contact Us

1. Our Services

The information provided when using the Services is 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (such as HIPAA, FISMA, or GLBA), so if your interactions would be subjected to such laws, you may not use the Services.

2. Intellectual Property Rights

Our intellectual property

Except for the Artwork and other Third-Party Content described in Section 3, we are the owner or the licensee of the intellectual property rights in our Services, including the source code, databases, functionality, software, website designs, game systems, and text in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos that we own and display in the Services (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use. This license does not extend to the Artwork, which is addressed in Section 3.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services may terminate immediately.

Your submissions and contributions

Submissions: If you send us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable license to use, modify, and incorporate that Submission for any lawful purpose without acknowledgment or compensation to you. Submissions do not include your Contributions, which are covered by Section 8.

Contributions: The Services may invite you to chat, participate in real-time messaging, customize your profile, or interact with other functionality during which you may create, submit, post, display, or transmit content and materials to us or through the Services, including but not limited to text, chat messages, profile bios, avatars, and usernames ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

You are responsible for what you post or upload. You confirm that you will not post, send, publish, upload, or transmit through the Services any Submission or Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we may remove or edit any Contributions if in our reasonable opinion they are harmful or in breach of these Legal Terms. Section 11 describes how we notify you and how you can appeal. We may also suspend or disable your account and report you to the authorities where appropriate.

3. Artwork and Third-Party Content

The character artwork, illustrations, and related visual assets that depict Plonks and appear in the Services (the "Artwork") are the property of LapaMauve (webgames.io) or the Artwork's other respective rights holders. Burrow Studio LLC is not the owner of the Artwork and does not claim ownership of it. The Artwork is displayed in the Services with the permission of its owner.

Nothing in these Legal Terms transfers or licenses any right in the Artwork to you. You may view the Artwork as displayed within the Services for your personal, non-commercial enjoyment of the game. You may not copy, extract, reproduce, modify, distribute, or use the Artwork for any other purpose, including commercial use, without the written permission of its owner.

Any other third-party names, marks, or materials that appear in the Services belong to their respective owners. Their appearance does not imply endorsement or affiliation.

If you are a rights holder and believe that Artwork or other content in the Services is used without authorization, follow the procedure in Section 13.

4. User Representations

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update it as necessary.
You have the legal capacity to enter into these Legal Terms, or, if you are under 18, your parent or legal guardian permits you to use the Services.
You are at least 13 years old.
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Harass, abuse, or harm another person, or use any information obtained from the Services to do so.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit viruses, Trojan horses, malware, phishing attempts, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
Use bots, scripts, robots, spiders, scrapers, cheat utilities, offline readers, data mining tools, or any other automation to access or interact with the Services.
Delete the copyright or other proprietary rights notice from any Content.
Impersonate another user, an administrator, Plonks staff, or any other person.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services, including bans and trading locks.
Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Collect usernames and/or email addresses of users for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
Exploit bugs, glitches, or unintended game mechanics rather than reporting them.
Create or operate multiple accounts.
Sell, purchase, or exchange virtual items or tokens for real money or anything of value outside the Service.
Manipulate the marketplace or trading system, including wash trading or price manipulation.
Share or post personal information of other users.
Post spam, sexually explicit content, or links to malicious websites in chat.

7. User Generated Contributions

The Services may invite you to chat, participate in real-time messaging, customize your profile, or interact with other functionality, and may provide you with the opportunity to create, submit, post, display, or transmit content and materials to us or on the Services, including but not limited to text, chat messages, profile bios, avatars, usernames, and other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child exploitation or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

8. Contribution License

You keep ownership of your Contributions. By posting Contributions to any part of the Services, you grant us a non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, display, transmit, reformat, and moderate your Contributions, and to share them with other users as the Services are designed to do, in each case as needed to operate, secure, and improve the Services. You represent and warrant that you have the right to grant this license.

This license continues until you delete the Contribution or your account (or until it expires under our retention schedule in the Privacy Policy), except that it continues for copies kept in routine backups for a limited period, for records we are required or permitted to keep for safety, fraud-prevention, or legal reasons, and for copies other users have already made or received.

We are not responsible for the statements or representations in your Contributions. You are solely responsible for your Contributions to the Services. We have the right (1) to edit, redact, or otherwise change any Contributions to enforce these Legal Terms; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions that we reasonably consider to violate these Legal Terms or the law. We have no obligation to monitor your Contributions.

9. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies of any website to which you navigate from the Services.

10. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. Moderation, Reporting, and Appeals

Reporting. You can report a chat message or user from within the Services, or email support@plonks.org to report illegal or harmful content. Please include enough detail for us to locate the content (for example, the username and approximate time). Our single point of contact for users and authorities is support@plonks.org.

What we may do. If we find content or conduct that violates these Legal Terms or the law, we may remove or restrict content, issue warnings, apply trading locks, suspend or ban accounts, and report matters to the authorities.

Notice and reasons. When we remove content or restrict or terminate an account, we will tell you what we did and why, and how to appeal, unless doing so would compromise an investigation, expose another person to harm, or is prohibited by law. Immediate action without prior notice may be needed to stop abuse, fraud, or security threats.

Appeals. To appeal a moderation decision, email support@plonks.org from the address on your account, with your username and a short explanation. A person who was not involved in the original decision will review it, and we will tell you the outcome.

12. Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from a region with laws or other requirements governing personal data collection, use, or disclosure that differ from those of the United States, your data will be transferred to and processed in the United States as described in the Privacy Policy.

13. Copyright Infringements

We respect the intellectual property rights of others and respond to notices of alleged infringement that comply with applicable law, including the U.S. Digital Millennium Copyright Act (17 U.S.C. §512). This section applies to user Contributions, the Artwork, and any other content in the Services.

Notice of infringement

If you believe that material on or accessible through the Services infringes a copyright you own or control, send a written notice to our designated agent at dmca@burrowstudio.org or by mail to Burrow Studio LLC, Attn: Copyright Agent, 7901 4th St N, Suite 300, St. Petersburg, FL 33702, that includes:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to be infringed.
Identification of the material claimed to be infringing and information reasonably sufficient for us to locate it (for example, a URL or username and time).
Your name, mailing address, telephone number, and email address.
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Please be advised that under applicable law you may be held liable for damages if you knowingly make material misrepresentations in a notice. If you are not sure whether material infringes your copyright, consider first contacting an attorney.

Counter-notification

If we remove material because of a notice and you believe the removal was a mistake or the material was removed due to misidentification, you may send a counter-notification to the same address containing: your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; and your name, address, and phone number, with consent to the jurisdiction of the federal court for the district where you are located (or, if outside the United States, the Middle District of Florida) and to accept service of process from the person who sent the original notice. We may restore the material after a reasonable waiting period unless the complainant tells us they have filed a court action.

Repeat infringers

In appropriate circumstances, we will suspend or terminate the accounts of users who are repeat infringers.

14. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We may suspend or terminate your access to the Services (including blocking certain IP addresses), or delete your account and any content or information that you posted, if you breach these Legal Terms or any applicable law, if we reasonably believe your use creates risk or harm to other users or the Services, or if we discontinue the Services. Where practical and not prohibited by law, we will give you notice and an opportunity to respond as described in Section 11, but we may act without prior notice where needed to stop abuse, fraud, or security threats. You may stop using the Services and delete your account at any time from your account Settings.

If we terminate or suspend your account for breach, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason. However, we have no obligation to update any information on our Services. To the extent permitted by law, we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. To the extent permitted by law, you agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. Governing Law

These Legal Terms shall be governed by and construed in accordance with the laws of the State of Florida and applicable U.S. federal law, without regard to conflict of law principles. Subject to Section 17 and Section 25, any legal action or proceeding arising under these Legal Terms that is not subject to arbitration will be brought exclusively in the state courts located in Pinellas County, Florida, or the United States District Court for the Middle District of Florida, and the Parties consent to personal jurisdiction and venue in those courts.

17. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any formal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party. You can send notice to us at support@plonks.org.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the demand is filed. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration may be conducted by phone, online, or through the submission of documents, or in person in the county where you live or in Pinellas County, Florida, as the AAA rules provide. The arbitrator must follow applicable law and issue a written decision. AAA's consumer fee schedule applies, and we will pay any administrative and arbitrator fees that exceed what you would pay to file a lawsuit in court.

Opt-out. You may opt out of this arbitration provision within thirty (30) days of first accepting these Legal Terms by emailing support@plonks.org from the address on your account with the subject "Arbitration Opt-Out." If you opt out, Disputes will be resolved in the courts described in Section 16.

Small claims. Either Party may bring an individual claim in small claims court if it qualifies. Disputes brought in court are not otherwise subject to arbitration.

Minors. If you are under 18, this section applies to the fullest extent permitted by law, and nothing in it limits any right you or your parent or guardian has that cannot be waived under the law of your place of residence.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If the restriction in (b) or (c) is found unenforceable as to a particular claim, that claim (and only that claim) must be brought in court rather than arbitration.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by the courts described in Section 16.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

20. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF VIRTUAL ITEMS OR IN-GAME CURRENCY, OR OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU — IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THESE LEGAL TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your misuse of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This section does not apply to users who are minors, to the extent the law of their place of residence does not allow it.

22. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, as described in our Privacy Policy. Although we perform regular routine backups of data, you are responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. To the extent permitted by law, we shall have no liability to you for any loss or corruption of any such data.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. Virtual Items & Randomized Packs

Virtual Items

Plonks, tokens, and all other virtual items, currencies, and collectibles available through the Service (collectively, "Virtual Items") are licensed to you on a limited, personal, non-transferable, non-exclusive, revocable basis solely for use within the Service. Virtual Items have no real-world monetary value and cannot be redeemed for cash, gift cards, or any other form of consideration outside the Service. You acknowledge that you do not own any Virtual Items and that your license may be revoked if you breach these Legal Terms or if we discontinue the Services.

You agree not to sell, trade, barter, or otherwise transfer Virtual Items outside the Service, including through third-party marketplaces, forums, or private arrangements. Any such transfer is a violation of these Terms and may result in account termination.

Randomized Packs

Opening a pack awards a randomly selected Plonk. The drop rates for each rarity in each pack are displayed in the Services on the pack's information panel, and the displayed rates reflect any active boosts that apply to your account. The Services also include a "pity" system that guarantees a higher-rarity result after a set number of openings without one, and duplicate protection that may favor items you do not yet own when a pity result is awarded.

Plonks is free to play: tokens are earned through gameplay, no purchase is required to play, and there is no real-money wagering. Packs are not gambling, and no pack result can be exchanged for cash or real-world prizes. If we add optional purchases or other ways to obtain tokens or packs in the future, we will present additional terms before you can make any purchase, and we will update these Legal Terms as needed.

Changes to game mechanics

We may modify, rebalance, add, or remove Virtual Items, adjust drop rates, token values, pack contents, pity thresholds, and other game mechanics to keep the game healthy and fair. We will keep the displayed drop rates accurate. To the extent permitted by law, we are not liable for changes that affect the perceived rarity, availability, or value of items in your collection.

25. Your Mandatory Legal Rights

Nothing in these Legal Terms limits any rights you have under mandatory consumer-protection, data protection, or other laws of the country where you live that cannot be waived by contract. If you are a consumer in the European Union, the United Kingdom, or another jurisdiction that gives you the right to bring claims in your local courts or to rely on your local law, you keep those rights, and any term in these Legal Terms that conflicts with them applies only to the extent the law allows.

26. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, including in connection with a merger, acquisition, or sale of assets. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

27. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Burrow Studio LLC
7901 4th St N, Suite 300
St. Petersburg, FL 33702, United States
General support: support@plonks.org
Copyright (DMCA) notices: dmca@burrowstudio.org