Last Updated: April 20, 2022
Partake in any activity or action that the Company deems to be against the spirit or intent of the Services;
Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any other material obtained through the Services, in whole or in part;
Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
Restrict or inhibit other users from using or enjoying the Services;
Harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of any person, group, the Company itself, or Company Affiliates;
Organize or participate, in conjunction with your use of the Services, in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by the Company in its sole discretion;
Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;
Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services or the Company;
Use your access to the Services to obtain, generate, or infer any business information about the Company or Company Affiliates, including without limitation information about sales or revenue, Company staff, technical stack, or statistics about users;
Use your access to the Services to obtain, generate, or infer any information about other users of the Services, including without limitation, their name, contact information, or place of residence;
Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, or errors;
Make available through the Services any material or information that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Company employees;
Attempt to gain unauthorized access to Services; and,
Use the Services where it is prohibited by law. If you violate these rules, the Company will determine in its sole but good faith discretion what action to take. The Company may provide you a warning, depending on the on the severity of the activity in which you were engaged. If the Company believes the severity of the act warrants it, it may terminate your license and ban you any further use of the Services.
By using or accessing the Services, you represent and warrant that you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement. MINORS MAY NOT USE THE SERVICES.
If you have been previously banned from using any Company Services, then you may not use the Services.
By accessing the Services, you represent and warrant that you are not located in a country or jurisdiction that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United State government list of prohibited or restricted parties.
You acknowledge and agree that your use of the Services does not grant or confer any interest, whether monetary or otherwise, in any aspect or feature of the Services and the Company may, in its sole and absolute discretion:
Amend, modify, enhance, upgrade, update, or otherwise change the Services;
Terminate or restrict access to the Services, or any portion of the Services at any time and for any reason without prior Notice or liability to you;
Interrupt your access to and use of the Services;
Limit access to and use of the Services to certain countries and geographic locations;
Further, you are solely responsible for any internet connection and/or mobile fees that you may incur as a result of using the Services.
By using the Services
When you provide the Company any feedback regarding the Services, you grant the Company a royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit Feedback for any purposes, for all current and future methods and forms of exploitation.
All content included as part of the Services, including but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained hereon is property of the Company or its third party suppliers, or is rightfully used subject to a license agreement and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works of, or in any way exploit any of the content, in whole or in part, provided on, transmitted through, or found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any such content, and in particular you shall not delete or alter any proprietary rights or attribution notices in such content. You shall use the content provided through, transmitted through, and found on the Services solely for your personal use, as outlined in these Terms, and will make no other use of the Content without the express written permission of the Company and/or related third party owners of such content. You acknowledge and agree that you do not acquire any ownership rights in the content provided through the Services. Except as provided herein, these Terms do not grant any licenses, express or implied, to such content or any other intellectual property of the Company, its licensors, or any third-party owner.
The Services may contain certain tools to allow the Company to analyze how users interact with the Services. Any such data collection is on a collective and non-individual basis to improve the Services, identify bugs, and identify features and functions that work well or that may need improvement. In the event the Services crash or a bug affects usage, the Company may collect information to identify the source of the crash or bug, including the type of operating system you are using. In all cases, the Company will collect only the information reasonably necessary to identify the suspected error.
The Services may contain links to third party websites (“
Similarly, due to the unique nature of the Services and functionality of blockchain technology, your use of the Services may result in your receipt of unsolicited digital items or currencies, in multiple manners, whether known or hereafter invented. You expressly acknowledge and accept this possibility, and consent to the receipt of the same.
A LONG TIME AGO IN A GALAXY FAR, FAR, AWAY, SOME OMNISCIENT AND ALL-SEEING LAWYERS DECIDED THAT FULL CAPITALIZATION WOULD BE A GOOD WAY TO ‘SET OFF’ IMPORTANT SECTIONS IN LEGAL DOCUMENTS. THEY FAILED TO REALIZE THAT ALL ASPECTS OF LEGAL DOCUMENTS ARE IMPORTANT, AND TO INCLUDE ALL CAPS AS A WAY TO ‘SET OFF’ PARTICULAR SECTIONS WOULD NOT REALLY WORK THAT WELL. ACCORDINGLY, OUR LAWYER (HI NOAH) TOLD US WE HAD TO DO THIS. SO, WE’RE TYPING LIKE WE’RE YELLING AT YOU, BUT WE’RE NOT YELLING AT YOU. WE JUST WANT YOU TO KNOW THAT THIS SECTION IS SUPER IMPORTANT, BUT ALSO SO IS THE REST OF THE AGREEMENT. ANYWAY…
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. THE SERVICES ARE PROVIDED TO YOU WITH ALL FAULTS, AND THE COMPANY, COMPANY AFFILIATES, AND COMPANY LICENSORS AND DEVELOPERS AND SUPPLIERS EACH DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. IN ADDITION TO THE FOREGOING, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THE GAME AND THE SERVICES IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, NOR COMPANY AFFILIATES, LICENSORS, DEVELOPERS, SUPPLIERS, OR SUBSIDIARIES BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree your exclusive remedy and the Company’s entire liability for breach of this Agreement is limited, at the Company’s sole and exclusive discretion, to (1) replacement of the Services; or (2) refund of any license fee you paid pursuant to the Company’s refund policy. In no event will the Company’s total liability to you for all damages (except as required by applicable law) exceed $169.00.
You agree to defend, indemnify and hold harmless the Company, Company Affiliates, and any third-parties under agreement with Company, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Your failure to comply with any provision of these Terms of Service;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
The Company reserves the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you acknowledge and agree that the Company has no obligation to defend, indemnify or hold harmless you in any way related to this Agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
This Section shall survive the termination of these Terms.
The American Arbitration Association (“AAA”) will run the arbitration between you and the Company, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
YOU UNDERSTAND AND AGREE THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.
If you have any questions or comments about these Terms or the Services, please contact us at: firstname.lastname@example.org
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