Island Skies Alpha Confidentiality
By participating in the PuffPals: Island Skies Alpha Test, you agree to the following:
Keep it secret!
Keeping Alpha content controlled will give us a lot more freedom to share a wider range of work in progress content with Alpha testers without worrying about confusing or upsetting people who haven't been part of the Alpha process, who might not understand the context of what's being shared or the state of production.
Live streaming Alpha is not allowed at this time.
Do not share screenshots of the Alpha build outside of the Island Skies Discord at this time.
Q: Can I share content that's already been shared by Fluffnest?
A: Yes! Any content that we have already shared publicly is fair game. We will try to make the confidentiality status of content clear as it's being shared.
Q: What happens if I share something accidentally?
A: Depending on the circumstances, you may be removed from the Alpha Testing program without a refund of your pledge.
Q: Can I stream Alpha to other Alpha testers?
A: While this agreement does not explicitly forbid this, streaming platforms typically do not meet the confidentiality requirements of the agreement.
Not allowed: streaming to a private discord server or chat where you've made a channel with people you are certain are active Alpha testers. This is not allowed, as with a group not directly audited by Fluffnest it becomes less feasible to verify the Alpha status of every member on an ongoing basis, meaning this no longer meets the requirements for maintaining confidentiality.
Allowed: screen sharing one on one through something like FaceTime with someone you're certain is also an active Alpha tester who has not been removed from the program. This is allowed, as with one or two people you can establish a very high level of certainty regarding their status in the Alpha testing program.
Not allowed: streaming on any public platform, or to any users who are not active members of or have been removed from the Alpha Testing program.
This Nondisclosure Agreement (the "Agreement") is entered into by and between Fluffnest Games, Inc. ("Disclosing Party") and the Discord user ("Receiving Party") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").
1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.
2. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. By the Disclosing Party inviting the Receiving Party into the Alpha Testing program and Exclusive Discord Server, and by the Receiving Party accepting the invitation, both parties adopt this agreement as binding.