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Terms of Service

Terms of Service

Last Modified: July 15, 2024

Greetings players,

These terms of service (the "Terms") set out the terms and conditions by which I, Vitor Junior, offer you access to use and enjoy my games, apps, websites, and other services (the "Services"). I am an independent game developer based in Brazil. When I say "I," "me," or "my," I'm referring to myself as the sole provider of the Services, and these Terms are an agreement between you and me.

Please read these Terms carefully and pay particular attention to these items:

1. YOUR ACCOUNT

  1. Eligibility: You'll need an account to access many of my services. To create an account and use the Services, you must be an adult or have valid parent or legal guardian consent to be bound by these Terms. You may not create or use an account or use any of the Services on behalf of any other person or other legal entity or for a commercial purpose.
  2. Account Creation: You can create an account with unique login credentials on my websites or by logging into the Services with an existing social media account (if applicable).
  3. Accurate Information: You must always supply me with accurate and complete information including your real name.
  4. Email Address: I send account, legal, and service-related notices to the email address registered to your account. You must keep the email address associated with your account current and verified.
  5. Account Security: You can't share, sell, or transfer your account or login credentials with anyone. You must keep your login credentials secret and notify me immediately of any breach of security.
  6. Multi-Factor Authentication: To secure the integrity of the Services and/or your account, I may require you to enable multi-factor authentication.

2. ACCOUNT TERMINATION

  1. Termination by You: You may terminate or suspend your account at any time by contacting me at [email protected].
  2. Termination by Me: I may terminate or suspend your account if I reasonably determine that you have breached any part of these Terms, doing so would be in the best interests of our community or the Services, or if required for upholding a third party's rights.
  3. Inactivity: If you do not use your account for a prolonged period, I reserve the right to take measures against your account, including suspension or termination. I will notify you first and give you an opportunity to avoid such measures.
  4. Effect of Termination: If your account is terminated, you'll no longer have access to your account, including any associated data or Virtual Content. You'll not be entitled to any refunds and I'll have no liability to you.

3. LIMITED LICENSE

  1. Grant: I grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Services for your individual, non-commercial, entertainment purposes only.
  2. Restrictions: You may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign, or otherwise distribute any of the Services or any of my intellectual property.
  3. Intellectual Property: I (and my licensors) own and reserve all rights, title, and interest in and to the Services, including all data and content posted, generated, provided, or otherwise made available in or through the Services.

4. VIRTUAL GOODS, GAME CURRENCY AND PURCHASES

  1. Definition: Virtual Content includes game currency and virtual goods, such as skins, emotes, etc.
  2. Acquisition: You can acquire a limited license to access Virtual Content by purchasing it, earning it, or receiving it.
  3. No Ownership: You do not own the Virtual Content you unlock. You only get a license to access it, and it has no monetary value.
  4. Availability: Virtual Content may change, and I have the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Game Content, including Virtual Content, at any time.

5. FEES & TAXES

  1. Fees: Some aspects of the Services may require you to pay a fee. You agree to provide accurate and complete payment information and pay all fees and applicable taxes incurred on your account.
  2. Payment Responsibility: You're solely responsible for paying any applicable taxes related to acquiring, using, or accessing Game Currency. Verify the proper amount of Game Currency has been added to or deducted from your account during any given transaction.

6. UNSOLICITED IDEA SUBMISSION POLICY

  1. Policy: I value your feedback but please don't submit any creative ideas, suggestions, or materials to me. If you do, I have the right to use them without any payment to you.

7. USER RULES

  1. Compliance: You must comply with all laws and regulations in the jurisdiction in which you reside and my acceptable use and behavioral policies.
  2. Examples of Prohibited Behavior: Impersonating others, harassment, removing proprietary notices, transmitting harmful content, spamming, using unauthorized third-party programs, accessing restricted areas, selecting offensive usernames, non-participation in live gameplay, account boosting, inducing breaches, and using the Services for business purposes without my consent.

8. USER GENERATED CONTENT

  1. Responsibility: You're responsible for any communications, usernames, images, sounds, or other material and info that you create, upload, use, or transmit with or through the Services.
  2. License: You grant me a worldwide, perpetual, irrevocable, sublicenseable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, and import your content.

9. MONITORING & ANTI-CHEAT

  1. Monitoring: I may actively monitor the use of the Services for various purposes, including preventing cheating and hacking, reducing toxic player behavior, and improving the Services.
  2. Anti-Cheat Software: To prevent cheating and hacking, I may require you to install anti-cheat software that may run in the background of your device.

10. UPDATES AND MODIFICATIONS

  1. Changes to Terms: I may update these Terms in the future as the Services and applicable laws evolve. I will inform you of the new agreement which will supersede and replace these Terms.
  2. Changes to Services: I may change, modify, update, suspend, or restrict your access to any features or parts of the Services, and may require you to download and install software and updates to support the Services.
  1. External Links: The Services may contain links to websites operated by other parties. Use these links and the corresponding external websites at your own risk. I don't control the linked sites and am not responsible for the content available there.
  1. Policy: I respect copyright law and expect my users to do the same. It is my policy to terminate accounts in appropriate circumstances of users who infringe or are believed to infringe the rights of copyright holders.
  2. Submitting a Notice: If you're a copyright owner, are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by submitting a notice that contains all of the following:
    • Identify the copyrighted work that you claim has been infringed.
    • Identify the material that you claim is infringing and information reasonably sufficient to permit me to locate the material.
    • Provide your mailing address, telephone number, and email address.
    • Include the statements: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." and "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
    • Provide your full legal name and your electronic or physical signature.
  3. Contact Information: You can send your Notice by email to: [email protected].

13. WARRANTY DISCLAIMER

  1. No Warranties: The Services are provided to you on an "as is" and "as available" basis without warranties or representations of any kind, express or implied.

14. LIMITATION OF LIABILITY

  1. Limitation: To the extent permitted by law, my total liability to you for any loss, harm, or damage suffered by you in connection with your downloading, use, and/or access of the Services is limited to the total amounts paid by you to me during the twelve (12) months immediately prior to the time your cause of action first arose.
  2. Business Losses: I only make the Services available for domestic and private use. I am not liable for business losses (such as any loss of profit, loss of business, business interruption, loss of goodwill, or loss of business opportunity).
  3. Foreseeable Losses: I am not responsible for any damage which arises because you failed to install any update when it is made available by me or where you fail to maintain the minimum system specifications required. I am not responsible for: (i) any loss that was not foreseeable at the time you entered into these Terms; or (ii) any loss that we both knew might happen only because of your special circumstances existing at the time you entered into these Terms (including all indirect damages).
  4. Unlawful Exclusions: Despite anything else I say in these Terms, I DO NOT EXCLUDE OR LIMIT IN ANY WAY MY LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, including my liability for: (i) death or personal injury arising from my negligence; (ii) my fraud or fraudulent misrepresentation; (iii) willful or grossly negligent behavior; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract ("Cardinal Duties") to the extent that is typical and foreseeable; (v) for any guarantee given by me to you; or (vi) for any liability under a jurisdiction's applicable product liability legislation.

15. GOVERNING LAW

  1. Jurisdiction: These Terms and any action arising out of or in connection with these Terms shall be governed by the laws of Brazil.

16. DISPUTE RESOLUTION

  1. Resolution Path: If you have any dispute or claim arising from or relating to your use of the Services ("Claim"), I invite you to first try to resolve the issue by contacting Player Support.
  2. Arbitration: Any dispute, claim, or controversy arising out of or related to these Terms or the Services shall be resolved exclusively by private, binding arbitration, rather than in court, except that qualifying small claims may be submitted in small claims court and either party may seek emergency provisional relief.
  3. Class Action Waiver: You and I agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
  4. AAA Rules: The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules ("AAA Rules").
  5. Commencing Arbitration: Either party may commence an arbitration proceeding by submitting a written Demand for Arbitration to AAA and giving notice to the other party.
  6. Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
  7. Arbitration Location: You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location.
  8. Intellectual Property Infringement: Either party may seek emergency provisional remedies, including injunctive or similar relief, pursuant to the AAA Rules or from a court of competent jurisdiction located in Brazil.
  9. Confidentiality: Any dispute, claim, or controversy that has been submitted to arbitration, and all related proceedings, including any settlement agreement, shall be kept confidential.
  10. Severability: If any part of this arbitration agreement is declared unenforceable, that part shall be severed, and the remainder of this arbitration agreement shall be given full force and effect.

17. ADDITIONAL TERMS APPLICABLE TO SERVICES

  1. Third-Party Platforms: You may access Services I make available from certain authorized third-party stores or platforms. These Terms are an agreement between us and you, and not between you and the third-party platform.

18. LEGAL ENTITY

These Terms are an agreement between you and me, Vitor Junior, an individual developer based in Brazil.

19. MISCELLANEOUS

  1. Contact: If you have any questions concerning the Services, or if you would like to contact me for any other reason, please contact me at [email protected].
  2. Assignment: Neither you nor I may assign our rights under these Terms, in whole or in part, to any person or entity at any time without the prior written consent of the other party.
  3. Complete Agreement: These Terms represent the complete agreement between you and me concerning the Services, and supersede any prior or contemporaneous agreements between us.
  4. Force Majeure: I shall not be liable for any delay or failure to perform, including any failure to perform under these Terms due to unforeseen circumstances or cause beyond my control.
  5. Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and me as a result of these Terms or your use of the Services.
  6. No Waiver: My failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision.
  7. Remedies: I could suffer irreparable harm if a breach of certain of these Terms is not specifically enforced and damages may not be an adequate remedy for me as a result. I may rely upon this Section to ask a court for injunctive relief or specific performance.
  8. Notices: All notices given by you or required under these Terms shall be in writing and addressed to me at the contact information provided.
  9. Legal Compliance: You cannot use the Services if the U.S. government lists you as a specially designated national and/or blocked person, or if you are on any similar list promulgated by an official agency or department of the United States government.
  10. Severability: If any provision of these Terms is held to be invalid or unenforceable for any reason, such provision shall be considered severed from these Terms, and the remainder of these Terms shall continue in full force and effect.
  11. Headings: The headings and parentheticals in these Terms are provided for informational and entertainment purposes only. They have no legal effect whatsoever.
  12. Duration: These Terms begin on the date you first accept them and last for as long as you use or maintain an account on the Services. Certain sections, including Sections 2.3, 3.2, 4.3, 4.4, 4.5, 5.1, 6, 8, and 13-18 inclusive, shall survive the termination of these Terms.
  13. Including: Whenever I use "including" in these Terms, I mean "including without limitation."

20. PRIVACY POLICY

My Privacy Policy, available at privacy.php, explains how I collect, use, and protect your personal information. By using the Services, you also agree to my Privacy Policy.

21. ACCESSIBILITY

I am committed to making my services accessible to all users. If you have any accessibility concerns or require assistance, please contact me at [email protected].

22. LANGUAGE

These Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version conflicts with the English version, the English version controls.