Cubieverse - Terms of Service

Effective Date: January 18, 2021 1. Acceptance of the Terms of Use These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and Titanium Toaster Corp., a Delaware corporation (the “Company,” “we,” “our,” and their derivatives). These Terms of Use govern your use of our websites, including https://cubieverse.com/ 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”). THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. BY USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (AVAILABLE AT https://cubieverse.com/privacy) (the “Privacy Policy”) THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE SERVICES. 2. Children 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 support@coinhuntworld.zendesk.com. 3. Privacy Policy All personal information we collect on the Websites, through the Services, and through the Games is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning the collection and processing of your personal information. 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 These Terms of Use permit you to use the Services and view and use the content contained in the Services for your personal, non-commercial use only. Additionally, your use of such Games may be subject to an end-user license agreement or other written terms (including, without limitation, payment obligations) (“EULA”). In the event of any conflict or inconsistency between the terms of any such EULA and these Terms of Use, such EULA will control. As to each Game, the license contemplated by this paragraph gives you a non-exclusive, non-transferable, non-sublicensable limited right and license to use one copy of the Game for your personal, non-commercial use for gameplay. For clarity, the foregoing license with respect to each Game is only granted to those persons that have purchased from or otherwise been given access to the particular Game by us or one of our third party distributors, subject to any applicable EULA and other applicable obligations. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services. You must not access or use for any commercial purposes any part of the Services or materials available through them. No right, title, or interest in or to the Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 6. Feedback 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. Except through a Uphold Transfer, you may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute Cryptocurrencies earned while playing the Game. Any disposition or attempted disposition of such Cryptocurrencies in violation of these Terms of Use will be void and will result in immediate termination of your account. We do not recognize or condone any non-Uphold third party service that may be used to sell, exchange, transfer, or otherwise dispose of Cryptocurrencies you earn while playing the Game. We do not assume any responsibility for, and will not support, such third party transactions. If you do anything related to the Game that is against the law or otherwise not in line with these Terms of Use or any of our policies, we reserve the right to deny, suspend, or terminate your ability to do a Uphold Transfer (whether or not you have a transaction in process). There may be situations where the Game, its content, or Cryptocurrencies earned may be removed (due to violations of these Terms of Use or for other reasons). We will have no liability for any losses you may incur as a result, and we will not be liable to refund any Cryptocurrencies you earned while playing the Game. 8. Prohibited Uses You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any way that violates applicable laws, to exploit or harm anyone, to send advertising or promotional material, or to impersonate or attempt to impersonate the Company or anyone else. Additionally, you agree not to:
  1. 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;
  2. 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;
  3. 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;
  4. use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights;
  5. remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
  6. 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;
  7. 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;
  8. use any device, software, or routine that interferes with the proper working of the Services;
  9. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  10. 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;
  11. attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
  12. otherwise attempt to interfere with the proper working of the Services; and|
  13. encourage or enable any other person to do any of the foregoing.
Although the Company is not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating and updating the Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user's access to any of the Services, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Services to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law. 9. Additional Prohibited Uses For the Games While you are using the Games, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Games is at your own risk and that you will not use the Games to violate any applicable law, regulation, or instructions as outlined in these Terms of Use and you will not encourage or enable any other individual to do so. 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. 14. Termination 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 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE, (B) THE USE OF OR INABILITY TO USE THE SERVICES OR THEIR CONTENT, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE, (B) THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. 17. Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services. 18. Governing Law and Jurisdiction All matters relating to the Services and these Terms of Use and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services must be instituted exclusively in the federal and state courts located in King County, Washington, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 19. Waiver and Severability No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 20. Entire Agreement These Terms of Use and our Privacy Policy are the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter. 21. Changes to these Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Services, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes. 22. Your Comments and Concerns If you have any questions about the Services or these Terms of Use, please contact us at support@coinhuntworld.zendesk.com. If you are a law enforcement agency, please email us at support@coinhuntworld.zendesk.com with your comments or concerns with the subject line “Law Enforcement Request.”
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