Effective Date: January 18, 2021
”) are entered into by and between you and Titanium Toaster Corp., a Delaware corporation (the “Company
and its subdomains (collectively, the “Websites”
), the video games we publish and distribute, including Cubieverse (collectively, the “Games”
, and each, a “Game”
), and the other online services we may provide (collectively, with the Websites and the Games, the “Services”
Our Services are not designed for Children, and we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any Personal Information from Children. A Child
is a person under 16 years old. If you are a parent or guardian of a Child who has submitted Personal Information, please contact us by emailing us at email@example.com
4. Intellectual Property Rights
All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Services, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2020 Titanium Toaster Corp., Titanium Toaster™, Cubieverse™, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, and the Company reserves all rights. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
5. Limited License to Use the Services
You may elect to informally provide us with Feedback from time to time. You agree that the Company will own, and you hereby assign to the Company your intellectual property rights in and to, any and all Feedback and that the Company will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback
” means any feedback or ideas you provide to the Company regarding the Services, including the Games, or any suggested improvements.
7. Bitcoin and Ethereum
Users of the Game may earn Bitcoin and/or Ethereum (collectively, “Cryptocurrencies
”) while playing the Game. We will credit your account for such Cryptocurrencies earned by you, and in our sole discretion, may impose limits on such Cryptocurrencies, including, without limitation, the amount that may be acquired, earned, or transferred. We make no guarantee as to the nature, quality, or value of any Cryptocurrencies or their availability or supply. You acknowledge and agree that we may engage in actions that may impact the perceived value or acquired price of such Cryptocurrencies at any time, except as prohibited by applicable law.
You are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any applicable tax authority with respect to Cryptocurrencies earned while playing the Game.
Users of the Game may also transfer Cryptocurrencies they earn by playing the Game to their Uphold account (each a “Uphold Transfer
”) based upon an exchange rate and other requirements, procedures, and limitations established by Uphold. You agree to abide by Uphold's platform requirements. All transfers of Cryptocurrencies are final and not refundable or exchangeable, except as required by applicable law or as provided by Uphold. Any such Uphold Transfers are between you and Uphold, and we will not be liable for those transactions with Uphold. We make no guarantee as to your ability to access your Uphold account or make a Uphold Transfer, and we will have no liability for any losses you may incur as a result of your inability to access your Uphold account or make a Uphold Transfer. If you encounter a problem with a Uphold Transfer, please contact Uphold directly.
Cryptocurrencies earned while playing the Game do not: (i) have an equivalent value in real currency (except as through a Uphold Transfer); (ii) act as a substitute for real currency; (iii) act as consideration for any legally enforceable contract (except as through a Uphold Transfer); or (iv) earn interest. Cryptocurrencies earned while playing the Game are not redeemable or exchangeable for real currency, monetary value, or convertible virtual currency from us or any other third party, except through a Uphold Transfer or as required by applicable law.
8. Prohibited Uses
- disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else's use of the Services;
- engage in any other conduct that affects anyone else's use or enjoyment of the Services or that, as determined by us, may harm the Company;
- cheat, including, without limitation, by accessing the Games in an unauthorized manner, playing with multiple accounts for the same Game, sharing accounts, using any techniques to alter or falsify a device's location (for example, through GPS spoofing), and selling or trading accounts;
- use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights;
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
- use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- modify, adapt, translate, or reverse engineer any portion of the Services, or use any manual process to monitor or copy any of the material on the Services for any other unauthorized purpose;
- use any device, software, or routine that interferes with the proper working of the Services;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Services are stored, or any server, computer, or database connected to the Services;
- attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- otherwise attempt to interfere with the proper working of the Services; and|
- encourage or enable any other person to do any of the foregoing.
9. Additional Prohibited Uses For the Games
You agree that in conjunction with your use of the Games, you will maintain safe and appropriate contact with other users and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.
10. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of the contents of the Services.
11. Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
12. Links from the Websites
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Changes to the Websites and Unavailability of the Websites
We reserve the right to withdraw or amend the Websites in our sole discretion without notice. The Websites and their content are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination of the Services, Sections 4, 6, 10, and 15-20 will survive such termination.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAMES AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAMES AND SOFTWARE) OF THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE COMPANY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Governing Law and Jurisdiction
19. Waiver and Severability
20. Entire Agreement
22. Your Comments and Concerns
If you are a law enforcement agency, please email us at firstname.lastname@example.org
with your comments or concerns with the subject line “Law Enforcement Request.”