1. Introduction
This Terms of Service ("Agreement") is a legally binding agreement between ELRAVERSE, TOO ("ELRAVERSE," "we," "our," or "us") and you ("you" or "User"). This Agreement governs your use of, access to and/or download of ELRAVERSE Game(s), our online website, any game-specific site, software systems, customer support, social media, community channels and/or any other online services, provided by ELRAVERSE and by any of our authorized third party (collectively the "ELRAVERSE Services" or “Services”), whether as a guest or a Registered User (as defined below).
In particular, we draw your attention to some important terms in this Agreement. By accepting this Agreement:
· You agree to ELRAVERSE rules and policies that are expressly incorporated into this Agreement, including our Privacy Policy, which explains what Information we collect from you and how we protect it.
· You agree that you use the ELRAVERSE Services at your own risk, and that ELRAVERSE's liability to you is limited as set forth in Section 7 below.
· You agree to resolve disputes between you and ELRAVERSE in individual arbitration, and not in court, as set forth in Sections 8 below.
· You agree that to enter into this Agreement, you are an adult of legal age of majority in your country of residence, and you are legally and financially responsible for all actions using or accessing the ELRAVERSE Services. BY ACCEPTING THIS AGREEMENT, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS GOVERNING DISPUTE RESOLUTION.
"ELRAVERSE Game(s)" refer to any game(s) that ELRAVERSE has launched or in the future will launch, or any of its game(s) during the test process.
ELRAVERSE Game(s) include but are not limited to the software of ELRAVERSE Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by ELRAVERSE under this Agreement, and/or any copy of the foregoing.
ELRAVERSE reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the ELRAVERSE Services shall constitute your acceptance to be bound by the newly updated Agreement.
IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS ELRAVERSE SERVICES IN ANY WAY.
2. Eligibility
You may establish an Account only if you are a natural person and an adult in your country of residence, and you are not an individual specifically prohibited by us from using the ELRAVERSE Services.
You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the ELRAVERSE Services.
You shall be responsible for keeping your Account secure and confidential (including but not limited to email address, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all actions performed, using, or accessing the ELRAVERSE Services through your Account, whether or not authorized by you.
3. In-App Purchases
a. ELRAVERSE Services may include an opportunity for you to acquire virtual, in-game currency ("Virtual Currency"), including by purchasing a limited license to Virtual Currency for a fee. ELRAVERSE Services may also include the opportunity to acquire virtual, in-game digital items ("Virtual Goods"), including by purchasing a limited license to the Virtual Goods that may be paid for with real money or Virtual Currency.
When you pay to obtain such Virtual Currency or Virtual Goods, you acknowledge and agree that you are obtaining or purchasing the right to have your License include such Virtual Currency and Virtual Goods. You further acknowledge and agree that neither Virtual Currency nor Virtual Goods have any monetary value whatsoever and shall not be redeemed for real money (fiat or otherwise) or any item with monetary value, and Virtual Currency and Virtual Goods are not provided for investment purposes.
b. Regardless of any reference ELRAVERSE might make outside this Agreement to purchasing or selling Virtual Currency or Virtual Goods, you acknowledge and agree that both Virtual Currency and Virtual Good(s) are licensed, not sold, to you under this Agreement. Provided that you comply with this Agreement, ELRAVERSE grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Virtual Currency and Virtual Good(s), whether paid for or otherwise obtained, solely in connection with your use of the ELRAVERSE Services. Except as permitted under this Agreement, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods. Any access or use of Virtual Currency or Virtual Goods not specifically permitted by this Agreement is a violation of this Agreement and may result in a termination of your Account. Except for the limited license granted described above, ELRAVERSE reserves and retains all other right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
c. ELRAVERSE reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that ELRAVERSE may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
d. When you provide payment information to ELRAVERSE or its authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize ELRAVERSE to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law.
e. You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
4. Privacy and Data Collection
We collect information about you and your activities within the game to provide and improve the Services. For more details about how we collect, use, and protect your information, please refer to our Privacy Policy.
5. License Grant
ELRAVERSE grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right to install and use the ELRAVERSE Game(s) software on devices you legally own or control, solely for your personal entertainment and non-commercial purpose (the "License"). The rights granted to you by ELRAVERSE under this License are subject to the terms of this Agreement and you may make use of the License only if you comply with all applicable terms. The License becomes effective on the date that you accept this Agreement.
By accepting this Agreement, you understand and acknowledge that ELRAVERSE Game(s) software is licensed, not sold to you, under the License, and furthermore that the License does not grant you any title or ownership in the ELRAVERSE Game(s) software.
License Conditions
a. You acknowledge and agree that your use of ELRAVERSE Services is also governed by the Privacy Policy which may be amended from time to time by ELRAVERSE in its sole discretion. You acknowledge and agree that the Privacy Policy is at all times incorporated and forms a part of this Agreement.
b. You acknowledge and agree that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the ELRAVERSE Services:
i. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of ELRAVERSE or third parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
v. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of ELRAVERSE Services and related contents, information, element for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the ELRAVERSE Services;
viii. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the ELRAVERSE Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
ix. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third parties to do any of the above.
c. You further acknowledge and agree that your use of the ELRAVERSE Services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the ELRAVERSE Services when local laws or local regulations so require.
d. Except as expressly authorized under this Agreement, you may not copy the ELRAVERSE Services in whole or part or any accompanying materials therein. Because the ELRAVERSE Services contain our proprietary information, you agree: (i) to hold in the strictest confidence all code and any technical elements of the ELRAVERSE Services, ii) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (iii) subject to all applicable law (including US Copyright law and DMCA), not to make use of the ELRAVERSE Services except for your individual enjoyment and non-commercial purpose.
e. Except expressly authorized herein, any use of the ELRAVERSE Services in whole or part, without our prior written consent, is strictly prohibited and the License granted herein will be terminated. ELRAVERSE expressly reserves the right to deny anyone access to the ELRAVERSE Services at any time for any reason without prior notice. You further agree that ELRAVERSE , without any liability, shall be entitled to suspend or terminate providing any of the ELRAVERSE Services or change the provided content at any time for any reason without prior notice.
f. ELRAVERSE reserves the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While ELRAVERSE reserves the right to take action upon being alerted or informed of inappropriate game play or communications between Users made in connection with their access or use of the ELRAVERSE Services, you are solely responsible for any interactions with other Users. By using the ELRAVERSE Services, you acknowledge and accept that at any time there may be language or material accessible on or through the ELRAVERSE Services that may be inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no circumstances shall ELRAVERSE be liable for any inappropriate User behavior or language. If ELRAVERSE determines in its sole discretion that any inappropriate User behavior or language was made or communicated from your Account, ELRAVERSE reserves the right to suspend or terminate your access to the ELRAVERSE Services and/or to take other enforcement actions as ELRAVERSE deems necessary to safeguard its rights.
g. You further agree that ELRAVERSE is not liable for the behavior of any other Users or third parties, including but not limited to any third-parties’ websites or services linked on or through the ELRAVERSE Services.
6. Intellectual Property
a. ELRAVERSE shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the ELRAVERSE Services under this Agreement. You acknowledge that your use of the ELRAVERSE Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the ELRAVERSE Services may cease to be available to you at any time without prior notice in the sole discretion of ELRAVERSE .
b. Any or all of the ELRAVERSE Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the ELRAVERSE Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the ELRAVERSE Services) are protected by applicable laws from unauthorized use.
c. You agree that any or all of the ELRAVERSE Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without ELRAVERSE express prior written permission. Any use of our copyrighted materials, including but not limited to derivative works, requires the express prior written consent of ELRAVERSE . Please note any unauthorized reproduction or redistribution of the ELRAVERSE Services shall be prohibited and may result in severe legal penalties.
d. ELRAVERSE remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the ELRAVERSE Services. You acknowledge and agree that you do not have any right or interest as a result of using the ELRAVERSE Services, except those explicitly granted to you under this Agreement.
7. Limitation of Liability
a. You agree that your use of the ELRAVERSE Services shall be at your own risk. ELRAVERSE provides ELRAVERSE Game(s) and/or the ELRAVERSE Services on an "as is" and "as available" basis. To the fullest extent permitted by applicable laws, ELRAVERSE and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether ELRAVERSE has been advised of the possibility of such liabilities.
b. ELRAVERSE hereby disclaims all warranties, conditions, common law duties and representations, either express, implied, oral or written. ELRAVERSE makes no warranties about the accuracy or completeness of the ELRAVERSE Services. Also, ELRAVERSE assumes no liability or responsibility for:
i. any errors, mistakes, or inaccuracies of the ELRAVERSE Services;
ii. personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the ELRAVERSE Services;
iii. any interruption, suspension or termination of the ELRAVERSE Services;
iv. any bugs, viruses or similar links transmitted by third parties on or through the ELRAVERSE Services;
v. any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
vi. any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
c. In no event shall ELRAVERSE be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if ELRAVERSE has been advised of the likelihood of such damages occurring.
d. ELRAVERSE has no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, ELRAVERSE is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
e. The maximum aggregate, cumulative liability of ELRAVERSE and our members, officers, employees, directors, consultants, affiliates, will not exceed your direct damages, if any, up to the total amount paid by you to us during the three (3) months prior to your making a claim against ELRAVERSE . These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
8. Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Kazakhstan International Arbitration Centre (KIAC). The seat of arbitration shall be Kazakhstan. The language of the arbitration shall be Russian or English.
9. Changes to Terms of Service
ELRAVERSE reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the ELRAVERSE Services shall constitute your acceptance to be bound by the newly updated Agreement.
10. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at elraverse@gmail.com.