Terms of Use

1. Acceptance of these Terms

By accessing or using the Services, you agree to these Terms, our Privacy Policy, and our Disclaimers, each of which is incorporated into these Terms by reference. If you do not agree, please do not use the Services.

If you use the Services on behalf of a company, team, or other organization, you represent that you have the authority to bind that organization, and "you" includes that organization.

Additional terms. Certain events, tournaments, giveaways, creator programs, and private proposals may come with their own rules or written agreements. Those additional terms apply together with these Terms. If there is a conflict, the additional terms control for that specific activity.

2. Eligibility and age requirement

The Services are intended for adults. You must be at least 18 years old, or the age of legal majority where you live if that is higher, to use the Services, submit a form, or take part in an event. By using the Services, you represent that you meet this requirement.

3. Changes to the Services and these Terms

We may update these Terms from time to time. When we do, we will post the revised Terms on this page and update the "Last updated" date. Changes take effect when posted. Your continued use of the Services after a change means you accept the revised Terms.

We may also change, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.

4. Ownership of our content

Our content. The Services and everything in them are owned by PB Productions or its licensors and are protected by copyright, trademark, and other laws. This includes text, graphics, logos, photographs, video, audio, broadcasts, overlays, animations, designs, event formats, software, and the selection and arrangement of those materials (together, "Powerbang Content").

Limited license to you. We grant you a personal, non-commercial, revocable, non-transferable license to access and view the Services. You may share links to the Services and use the sharing tools offered by the platforms where our content is published.

Restrictions. Without our prior written permission, you may not:

• copy, reproduce, re-upload, distribute, sell, license, or publicly display or perform Powerbang Content;
• modify it or create derivative works from it;
• remove or alter any copyright, trademark, or other notice;
• scrape, harvest, or systematically download it; or
• use it to train, test, or improve any machine learning or artificial intelligence model.

All rights not expressly granted in these Terms are reserved by PB Productions.

5. Powerbang name, likeness, and brands

Our brands. "Powerbang," "Powerbang Gaming," and the related names, logos, and slogans are brand properties of PB Productions. "Maximum Carnage," including Maximum Carnage II and all related names, logos, formats, and event branding, is a brand property of PB Productions LLC, established in 2022.

Name and likeness. The name, image, voice, likeness, signature, and persona of Powerbang may not be used to advertise, promote, or endorse any product, game, service, event, or brand, or to suggest any sponsorship, affiliation, or endorsement, without express written authorization from PB Productions. This applies to thumbnails, advertisements, store listings, social media posts, and any synthetic or AI-generated imitation of Powerbang's voice or likeness.

Permitted uses. Nothing in this section restricts news reporting, commentary, or other uses that the law permits without authorization.

To request authorization, contact us through our Contact form.

6. Third-party brands and game IP

All game titles, characters, artwork, gameplay footage, audio, logos, and other game intellectual property featured in the Services are the property of their respective owners. All other trademarks, service marks, logos, and brand names are the property of their respective owners.

These materials appear for identification, commentary, coverage, and promotion. Their appearance does not mean that we own them and, unless we expressly say so, does not imply sponsorship, endorsement, or affiliation. Your use of any game or third-party platform is governed by that party's own terms.

7. Content and information you provide

Submissions. A "Submission" is anything you send, post, upload, or otherwise provide to us, whether through the Services or through another channel such as email, social media, Discord, live chat, or an event. Submissions include messages, ideas, feedback, clips, images, video, audio, artwork, logos, biographies, statistics, and channel information.

License to us. You keep ownership of your Submissions. You grant PB Productions a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, edit, adapt, publish, distribute, publicly perform, publicly display, and create derivative works from your Submissions, in any media now known or later developed, for our content, broadcasts, marketing, advertising, and promotional materials, and for operating the Services. This license applies unless PB Productions has agreed otherwise in writing.

No payment or approval rights. Unless a written agreement with PB Productions says otherwise, we do not owe you compensation, credit, or a right of approval for any use of a Submission. To the extent the law allows, you waive any moral rights you may have in your Submissions.

Your promises. You represent that you own or have the rights needed to grant this license, that your Submissions and our use of them will not violate any law or the rights of any person, and that you have permission from anyone who appears in them.

Not confidential. Submissions are treated as non-confidential and non-proprietary. We have no obligation to use, keep, or return them. Please do not send us anything you expect to keep confidential unless we have a signed confidentiality agreement with you.

Ideas and feedback. We may use any idea, suggestion, or feedback you send without restriction or obligation to you. We may already be developing similar ideas on our own.

Personal information in your Submissions is handled as described in our Privacy Policy.

8. Events, tournaments, and broadcasts

When this section applies. This section applies when you register for, are invited to, compete in, appear in, attend, or otherwise take part in any event, tournament, show, livestream, or broadcast produced or hosted by PB Productions (an "Event"), including Maximum Carnage.

Recording and release. Events are recorded, streamed, and published. By taking part, you grant PB Productions and its partners, licensees, and sponsors the perpetual, irrevocable, worldwide, royalty-free right to record you and to use your name, gamertag, handle, channel name, image, likeness, voice, statements, biographical details, gameplay, statistics, streams, clips, and social media content connected to the Event (together, "Participant Materials"). We may use Participant Materials in the Event broadcast and in any advertising, promotion, highlight, recap, sponsor deliverable, or other content, in any media now known or later developed, without further notice, approval, or compensation, unless a written agreement with PB Productions says otherwise.

Editing and release of claims. We may edit Participant Materials and combine them with other content. To the fullest extent the law allows, you release PB Productions and its partners from any claim arising out of the permitted use of Participant Materials, including claims based on rights of publicity or privacy.

Promotional assets. We may create player cards, graphics, and other assets that feature you. If we give you assets to share, you may use them only to promote the Event. Those assets remain the property of PB Productions.

Rules and conduct. You agree to follow the Event rules, the game publisher's terms, and the rules of any platform used for the Event. Cheating, harassment, hate speech, and other misconduct may lead to removal from the Event and forfeiture of any prize.

Prizes. Prizes are awarded under the Event rules and are subject to eligibility verification and applicable law. Winners are responsible for any taxes and may need to provide payment and tax information before a prize is delivered. Prizes cannot be transferred or substituted unless the Event rules say so.

Changes and cancellation. We may change the schedule, format, lineup, rules, or prizes of an Event, or postpone or cancel it, without liability to you.

Your responsibility. Participation is voluntary. You are responsible for your own equipment, internet connection, game and platform accounts, and costs.

Audience participation. Chat messages, comments, and other on-stream interactions may appear in the broadcast and in content made from it.

9. Communications with us

Messages you send through our forms, email, social media, or community channels may be received, read, and answered by members of Powerbang's team, including staff, contractors, and moderators, and not only by Powerbang personally. By contacting us, you consent to that review and agree that we may reply using the contact details you provide.

We are not obligated to respond to every message. You agree that communications we send you electronically satisfy any legal requirement that they be in writing.

10. Acceptable use

When using the Services, you agree not to:

• break any law or violate the rights of any person;
• impersonate Powerbang or anyone else, or falsely claim an affiliation with us;
• harass, threaten, or abuse any person;
• upload or transmit malware or other harmful code;
• scrape, harvest, or use automated tools to access the Services without our written permission;
• interfere with the Services or attempt to bypass any security or access control, including access codes;
• send spam or unsolicited commercial messages through the Services; or
• use the Services if you are under 18.

Private pages. Some pages are available by invitation only and are protected by an access code. Materials on those pages are confidential and are intended only for the invited recipient. You agree not to share an access code or the materials behind it without our permission.

11. Mature content

The Services feature video game content. That content includes stylized, animated combat and shooting of the kind found in popular mobile games, and it may include strong language or mature humor. The Services are intended for viewers who are 18 or older. Viewer discretion is advised.

12. Sponsorships, partnerships, and affiliate links

We may receive compensation from commercial partners, and some links in the Services are affiliate links that may earn us a commission. Opinions remain our own. See our Disclaimers for details.

13. Third-party sites, platforms, and embedded content

The Services link to and embed content from third parties, including YouTube, TikTok, Instagram, X, Facebook, Discord, and game publishers. We do not control those sites or services and are not responsible for their content, policies, or practices. Their own terms and privacy policies apply to your use of them.

14. Copyright and intellectual property complaints

We respect intellectual property rights. If you believe that material in the Services infringes your copyright, send a written notice through our Contact form that includes:

• your physical or electronic signature;
• identification of the copyrighted work you believe has been infringed;
• identification of the material you believe is infringing and where it is located;
• your name, 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; and
• a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or are authorized to act for the owner.

We may remove material that appears to infringe and may end access for repeat infringers.

15. Disclaimer of warranties

The Services are provided "as is" and "as available." To the fullest extent the law allows, PB Productions disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, secure, or free of errors, or that any content will be accurate, complete, or current. You use the Services at your own risk.

16. Limitation of liability

To the fullest extent the law allows, PB Productions and its owners, members, employees, contractors, agents, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services, any Event, or the conduct or content of any third party.

Our total liability for all claims relating to the Services will not exceed the greater of the amount you paid us in the twelve months before the claim arose or one hundred U.S. dollars (US $100).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the greatest extent the law permits.

17. Indemnification

You agree to defend, indemnify, and hold harmless PB Productions and its owners, members, employees, contractors, agents, and partners from any claims, damages, losses, liabilities, and costs, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your Submissions, your participation in any Event, or your violation of these Terms, any law, or the rights of any third party.

18. Suspension and termination

We may suspend or end your access to the Services, remove any content, or disqualify you from any Event at any time and for any reason, including a violation of these Terms.

The sections of these Terms that by their nature should continue will survive termination. These include the sections on ownership, the licenses and releases you grant, disclaimers, limitation of liability, indemnification, and governing law.

19. Governing law and venue

Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Washington, United States, without regard to its conflict of laws rules.

Venue. Any such dispute will be brought exclusively in the state courts located in Benton County, Washington, or in the federal court whose district includes Benton County, Washington. You consent to the personal jurisdiction and venue of those courts and waive any objection to them.

Informal resolution first. Before filing a claim, you agree to contact us through our Contact form and give us 30 days to try to resolve the matter informally.

Individual claims. To the extent the law allows, claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding.

Time limit. To the extent the law allows, any claim relating to the Services must be filed within one year after the claim arose.

Users outside the United States. The Services are operated from the United States. If you use them from another country, you are responsible for complying with your local laws.

20. General terms

• Entire agreement. These Terms, the Privacy Policy, the Disclaimers, and any additional terms that apply to a specific activity are the entire agreement between you and PB Productions about the Services.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them freely.
• Relationship. Nothing in these Terms creates a partnership, employment, or agency relationship between you and PB Productions.
• Interpretation. Headings are for convenience only, and "including" means "including without limitation."

21. Contact us

Questions about these Terms, and requests for written authorization or permission, can be sent to PB Productions LLC through our Contact form.