THIS IS A VIRTUAL REALITY AND/OR A AUGMENTED REALITY GAME. WHEN PLAYING THE GAME YOU MAY NOT BE ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VIRTUAL REALITY HEADSET OR PLAYING THE GAME THROUGH/WITH AUGMENTED REALITY GAME EQUIPMENT, HEADSETS, GLASSES, HANDHELD DEVICES ETC. IT IS YOUR RESPONSIBILITY TO CONTROL YOUR SURROUNDINGS AND MOVEMENTS AT ALL TIMES WHEN PLAYING THE GAME TO ENSURE THAT YOU DON’T INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY PROPERTY ETC. FALLING, STRIKING OR OTHERWISE CONTACTING ANYTHING WHILE PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND EVEN CAUSE DEATH. ANY PLAYING OF THE GAME IS AT YOUR OWN RISK. IF YOU ARE PLAYING AN AUGMENTED REALITY GAME OUTDOORS YOU ARE SOLELY RESPONSIBLE FOR CONTROLLING THE SURROUNDINGS. DON’T PLAY AUGMENTED REALITY GAMES IN LOCATIONS WITH TRAFFIC, CROWDED AREAS, HAZARDEOUS SURROUNDINGS ETC.
2. The Game
The Game is a videogame provided to you by Geniesoft.
3. Access to the Game
4. Third Party Accounts
If enabled by Geniesoft in its sole discretion, you may establish an account with account data provided to Geniesoft by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.
5. Registration and warranties
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you not listed on any U.S. Government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Geniesoft, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
6. Products and services
GENIESOFT RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. GENIESOFT MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. GENIESOFT MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME. THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.
Certain versions of the Game may be provided as a “free-to-play game” where you can access and play certain parts of the Game or Game versions without paying any fees. However other versions of the Game or certain Game levels and features are “premium features” where you must pay a fee or purchase in-game material or access to play such levels and features etc. Where applicable, You agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing Geniesoft and/or the platform/service providers with valid credit card information to secure payment. Geniesoft and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Geniesoft or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Geniesoft or the platform/service provider have had the opportunity to confirm your purchase.
8. Payment terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. you are required to pay certain fees (certain Game versions and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the platform/service provider’s Game access pages etc. Geniesoft may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Geniesoft and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Geniesoft or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Geniesoft and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Geniesoft or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Geniesoft or the platform/service provider are not required to collect) and for all hardware, software, mobile/handheld, Internet, Virtual Reality/Augmented Reality equipment (platform specific VR/AR headsets/screen etc.) and other costs you incur to access and play the Game. Geniesoft and/or the platform/service provider reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Geniesoft or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
10. Delivery of products and services, Updates and New Releases
GENIESOFT PROVIDES THE GAME ON AN “AS IS” BASIS. GENIESOFT OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, GENIESOFT OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS DETERMINED BY GENIESOFT OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.
GENIESOFT MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, GENIESOFT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT GENIESOFT MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO OFFER ANY OR ALL OF THE FOREGOING TO YOU. GENIESOFT MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, GENIESOFT WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, GENIESOFT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
11. Links to other Games etc.
The Game, platforms etc. may contain advertising and links to other games, websites, services etc. Geniesoft does not review or evaluate any adverts or games, websites, services etc. linked to in the Game or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, games, websites, services, the platforms etc. You should carefully review the adverts and respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Geniesoft be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services etc. available on such games, websites, services, platforms etc.
Your access to and/or playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Geniesoft, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY GENIESOFT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GENIESOFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, GENIESOFT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF GENIESOFT, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH GENIESOFT PROVIDE RULES FOR USER CONDUCT AND POSTINGS, GENIESOFT DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. GENIESOFT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
GENIESOFT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CREATED CONTENT, AS DEFINED IN SECTION 19, THAT YOU OR ANY OTHER USERS OR THIRD PARTIES SHARE OR ACCESS WHEN USING THE GAME. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CREATED CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITABLE FOR YOU AND/OR YOUR PURPOSE AND YOU AGREE THAT GENIESOFT WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CREATED CONTENT.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT GENIESOFT SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GENIESOFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GENIESOFT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GENIESOFT OR AN GENIESOFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
GENIESOFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND GENIESOFT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Geniesoft takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and you are accessing and playing the Game and seeing the advertising on your own risk. Nor does Geniesoft take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Geniesoft or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to Geniesoft any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grants Geniesoft an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
19. User Created Content and Intellectual Property
User Intellectual Property.
By using the Game you may create certain content such as playable levels, in-game items, stories, and/or other related content (“User Created Content”). Except for the Geniesoft Content contained therein, any intellectual property right and title to such User Created Content will remain, and where applicable, will become your intellectual property created and submitted by you for use in the Game (“User Intellectual Property”).
Geniesoft License to User Intellectual Property.
By creating, submitting for publishing, uploading and/or publishing any User Created Content in or in connection with the Game You agree that Geniesoft will be given an irrevocable, sub- licensable, assignable, perpetual, worldwide, paid in full, royalty free license and right to utilize, perform, reproduce, incorporate in to the Game, modify, edit, public perform and display, distribute and make derivative works of Your User Created Content and any User Intellectual Property contained therein in any and all media now known or hereafter devised.
Guidelines for User Created Content.
User Created Content must comply with all applicable laws as well as guidelines, terms and conditions as stated in this Term of Use and requirements as may be notified to You by Geniesoft from time to time and must not contain any content (including, by way of example and not limitation language, sounds, images, designs, patterns, layouts and levels etc.) that includes, is or can be construed to be: (i) graphic depictions of gratuitous or excessive violence; (ii) sexually explicit, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially and/or ethnically charged; (iii) depicting or promoting intoxication or substance abuse; (iv) depicting or promoting negative racial, ethnic, gender, political or religious stereotypes; (v) making negative or disrespectful use of religious symbolism; or (vi) reflecting adversely on the name, reputation, or goodwill of Geniesoft, its partners, the platform etc.
Protection of Third Party Rights.
You will be fully responsible for Your User Created Content and represent that any content you post, submit, upload, publish etc. through the Game does not infringe on any third party Intellectual Property Rights or other rights under applicable laws (including such rights as privacy rights etc.). It is your responsibility to make sure that no copyright protected material owned or controlled by third parties is inserted into Your User Created Content without the prior written consent of such third party and that no open source software is contained or uploaded therein.
End User Warranties for User Created Content and User Intellectual Property.
Penalties and Actions.
. and Geniesoft may, but has no obligation to, provide You with an opportunity to appeal that decision. If you infringe in any third party Intellectual Property Rights, Geniesoft may or will disable or terminate Your account and take such action as we deem appropriate.
Storage of Deleted User Created Content.
20. Copyright and DMCA Policy
If you believe content in or accessible through the Game is in violation of your copyright or trademark rights, please submit a “DMCA Takedown Notice” including the information set out below in section 20.1.
20.1 DMCA Takedown Notices
To request the removal of materials based upon copyright infringement, you must file a notice containing the following:
Your name, company name, full legal name of the copyright holder that you represent, your address, telephone number, email address (if any) and country of residence.
A description of the copyrighted work that you claim has been infringed.
A description of where on Geniesoft service the material that you claim is infringing may be found, sufficient for Geniesoft to locate the material (e.g., the online level ID or the URL for the game).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your electronic or physical signature.
You may file your notice:
By email: email@example.com
If you wish to reach our designated DMCA agent, you can contact:
21. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Geniesoft rights to control the Game’s environment, and the conduct of the End Users within that environment, Geniesoft prohibits the following practices that Geniesoft has determined detract from the overall user experience and you are strictly prohibited from:
Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
Use of your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played or services used;
Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Geniesoft;
Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
When naming any character, team, guild or clan you may not use language that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable or offensive;
You may not post or communicate any player's real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
You may not use language or images that are or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise offensive or objectionable;
You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Geniesoft;
You may not post, upload or link to any imagery or content that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
You may not create, distribute, publish or otherwise make public, in any form, content created within the Game that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
You may not impersonate any Geniesoft, its’ employees, consultants, partners etc;
You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
You may not market, promote, advertise, or solicit products or services in the Game;
You may not modify any part of the Game, or Clients, Servers etc;
You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
You will follow the instructions of authorized personnel in or related to the Game;
You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
You may not provide false information or intentionally hide any information when registering for your account in the Game;
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
You will not exploit any bug in the Game and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to firstname.lastname@example.org.
You will not attempt to play the Game on any server or platform that is not controlled or authorized by Geniesoft, its designees or platform/service providers;
You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Geniesoft;
You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
Using Geniesoft’ copyrights or trademarks or any confusingly similar marks;
Uploading invalid data, viruses, worms, or other software agents to the Game;
Collecting information from other End Users without obtaining their consent; or
You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
If you post recordings of your playing of the Game on sites lite Twitch.com, YouTube.com etc. you shall refer to the name of the Game and give Geniesoft credit as the developer of the Game. Such recordings and postings shall be done in good taste.
22. Account Termination and Content Removal
You may terminate Your account at any time by contacting us at email@example.com
and we may, but have no obligation to, provide You with an opportunity to appeal the decision.
If your account is terminated, You will no longer have access to Your Account or the Game, including any of the associated data (though this does not limit or affect any rights you have under data or consumer protection laws). Where Geniesoft terminate Your account for a reason such as a breach of this Agreement, you will not be entitled to any refunds and Geniesoft will have no liability to you and we reserve the right to terminate any other accounts you may have created.
You understand and agree that using the Game comes with the risk that your account may be terminated or suspended in accordance with this Agreement and that, whenever you use the Game, you will bear this risk in mind and always conduct Yourself appropriately.
23. Communication and Feedback
Geniesoft may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Geniesoft may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Geniesoft. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Geniesoft, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to Geniesoft and acknowledge that Geniesoft may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Geniesoft by following the specific instructions in promotional messages or by our customer support at firstname.lastname@example.org
These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
24. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Geniesoft finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
Disputes between you and Geniesoft
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST GENIESOFT, YOU AGREE TO FIRST CONTACT GENIESOFT AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO GENIESOFT. THE NOTICE TO GENIESOFT MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 33 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND GENIESOFT CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 26-29.
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Geniesoft can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Geniesoft in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Game account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Geniesoft, 245, Geumnam-ro, Dong-gu, Gwangju, Republic of Korea and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
27. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 26 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
29. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Korea, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Korea, with the district court of Seoul (Seoul District Court) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(c) Notwithstanding anything to the contrary, Geniesoft may apply to any court of competent jurisdiction for injunctive or other equitable relief.
32. Entire agreement, Assignment
The Game and related products and services hereunder are offered by Geniesoft , a Korea corporation, with registered and business offices at 245, Geumnam-ro, Dong-gu, Gwangju, Republic of Korea. If you have questions or concerns about these Terms or Use, contact us at:
Last Updated: May 18, 2021.