TERMS AND CONDITIONS OF USE
Welcome to Atlas Reality, Inc.! These Terms and Conditions of Use apply to and govern anyone who visits, accesses, or uses any of our websites, custom mobile games, applications, tools, or services in any way, including but not limited to Atlas Earth (found at https://www.atlasearth.com) and Atlas Empires (found at https://www.atlasempires.com). (Capitalized terms used in these Terms and Conditions of Use are defined in the "Some Definitions" section and elsewhere below.)
Description of Our Games & Services
The Company designs and develops mobile online games distributed primarily through iOS and Android Devices. The Company provides gamers with immersive single-player and multi-player experiences. Some Atlas Reality titles are location-based games where players utilize real world locations to play its games. In connection with its sales of its games as apps, the Company may sell, in addition to its games, virtual currencies that can be used by the player for purposes that may include speeding up timers and buying special in-game cosmetics. The Company may also leverage third-party advertising networks to monetize the gameplay. Atlas Reality may also create location-specific advertising for location-based games.
More information about the Company, its products, and the purchasing and delivery process is on our FAQ page, as updated from time to time https://atlasreality.helpshift.com/hc/en/. The Company reserves the right to discontinue or modify any aspect of the Games & Services at any time.
The following are definitions for some terms in these Terms and Conditions of Use:
Definitions for some other terms are stated in the body of these Terms and Conditions of Use.
YOUR CONSENT TO THE TERMS OF SERVICE
By visiting, accessing, or using any of the Games & Services, you consent to the Terms of Service, agree to be legally bound by them, and agree to fully abide by them. We reserve the right, at our discretion, to change or add to any of the provisions in the Terms of Service at any time. Changed and new provisions in the Terms of Service will be effective upon their posting on the Games & Services, and your visiting, accessing, or use of the Games & Services thereafter means that you accept those changed or new provisions to the Terms of Service.
If you do not agree with the Terms of Service, please do not visit, access, or use any of the Games & Services.
If you violate any of the Terms of Service or engage in any fraudulent or deceptive conduct on or through the use of any of our Games & Services, we may delete your profile, remove any content or information that you have posted on any of our Games & Services, and/or prohibit you from visiting, using, or accessing any of our Games & Services, in whole or in part, at any time in our sole discretion, with or without notice to you. In addition, if you violate any of the Terms of Service or engage in any illegal, fraudulent, or deceptive conduct in purchasing any items, including virtual land, through any of our Games & Services, we reserve the right to void the purchase transaction and/or claw back the item(s) you purchased, including virtual you land you may have purchased.
ELIGIBILITY TO ACCESS AND USE OUR GAMES & SERVICES
If you are under 18 years old or not capable of forming a legally binding contract under applicable law, you are not eligible or authorized to visit, access, or use any of the Games & Services, unless your parent or guardian (i) first has consented to your visit, access, or use after s/he visits, accesses, or uses the Games & Services to make sure that s/he understands the Terms of Service and agrees to them on your behalf and (ii) supervises your visits to, access to, and use of the Games & Services.
Only individuals who are 18 years old or older and who can form a legally binding contract under applicable law are eligible and authorized to visit, access, and use the Games & Services, unless their parent or guardian has consented to the individual's visit, access, and use after his/her parent or guardian has visited, accessed, or used the Games & Services to make sure that s/he understands the Terms of Service and agrees to them on behalf of the individual.
We may delete your profile, remove any content or information that you have posted on any of our Games & Services, and/or prohibit you from visiting, using, or accessing any of our Games & Services, in whole or in part, at any time in our sole discretion, with or without notice to you if we believe you are under 18, incapable of forming a legally binding contract under applicable law, or your parent or guardian has not consented to your visit, access, or use of the Games & Services as described above.
You may not be able to access or use some Games & Services or portions of them unless you create an account with us. By creating an account with us, you agree:
By creating an account with us, you also represent and warrant that:
If you provide any information that is untrue, inaccurate, incomplete, or not current (or that becomes untrue, inaccurate, incomplete, or not current) in creating an account with us, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Games & Services (or any portion thereof).
When you create an account with us, you may be asked by us to set up a user ID and a password to be able to access or use some parts of our Games & Services. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your user ID and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account, user ID, or password, or any other breach of security. You may be held liable for losses incurred by us or any other User of or visitor to any of our Games & Services due to someone else using your user ID, password, or account as a result of your failing to keep your user ID, password, or other account information secure and confidential. To help protect against unauthorized access to or use of your ID, password, account, or account information, we strongly recommend that you exit from your account at the end of each session. You may not use anyone else's user ID, password, or account at any time without the express permission and consent of the holder of that ID, password, or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Atlas Reality reserves the right to terminate a User's account at any time with or without notice to the User and for any reason, including but not limited to a User's violation of our Terms of Service or engaging in conduct through our Games & Services that we deem to be abusive of programs we may make available through or conjunction with our Games & Services.
LICENSE AND SITE ACCESS
General Terms of Limited License
Unless noted otherwise, the Games & Services and all Content on the Games & Services are the property of Atlas Reality and protected by federal, state, and international laws, including copyright laws. All rights are reserved.
On the condition that you are eligible to use our Games & Services as provided above in these Terms and Conditions of Use and that you comply with the Terms of Service, Atlas Reality grants you a limited, non-exclusive license to visit and/or access the Games & Services for personal use. This license does not grant to you, any other User, or any other person any right:
Any unauthorized visit, access, or use of the Games & Services by you, or any violation by you of the Terms of Service, shall terminate the permission or license granted to you by Atlas Reality.
In addition, if you accessed or downloaded the Games & Services from an App Provider, then you also acknowledge and agree that:
By accessing, using, or visiting any of our Games & Services, you agree not to take any of the following actions:
The Games & Services may provide you and other Users with the ability to send or post Postings. The Company is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, you understand and agree that the Company, in it its sole discretion, may, but is not obligated to, review and delete or remove (without notice) any Postings for any reason or no reason, including, without limitation, any Posting that in the sole discretion of the Company, violates the Terms or might be offensive or illegal.
You acknowledge that you are responsible for any Postings you submit through the Games & Services, including the legality, reliability, appropriateness, originality, and copyright of any such Postings. You may not upload to, distribute, or otherwise publish through the Games & Services any Posting that:
If you believe that any material on any of our Games & Services infringes a lawful copyright, you may email a written notice of such infringement to our Designated Copyright Agent at firstname.lastname@example.org or mail such notice to: Atlas Reality, Inc., Attn: Designated Copyright Agent, 500 E. Whitestone Blvd, #3698, 78630, Cedar Park. The telephone number for our Designated Copyright Agent is Beau Button (512) 277-5027. Be sure to include in your notice: (1) your physical or electronic signature; (2) identification of the copyrighted work or works you claim to have been infringed; (3) identification of the material you claim infringes upon the copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our Sites; (4) your address, telephone number and email address so we may contract you in response to your notice; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
VIRTUAL LAND, LANDMARKS AND ASSETS
Atlas Reality may sell quantities of virtual land that fictionally correspond to land in the real world. We refer to items of such virtual land collectively as "Parcels" and each item of such virtual land referred to individually a "Parcel." Each Parcel of virtual land is 900 virtual sq. ft. However, Parcel sizes may vary based on geographic location on which they are fictionally based. Therefore, and for the avoidance of doubt, Parcels may vary in size, and sizes could be subject to change. Features of the Games & Services called "Landmarks" are groups of Parcels designed by the Company. These Parcels, as a whole, represent landmarks in the real world. Notwithstanding anything to the contrary in these Terms & Conditions, no references to land, Parcels, square feet, Landmarks, any related words or concepts in these Terms & Conditions or in the Games & Services are intended, or shall be deemed to,
VIRTUAL EMINENT DOMAIN
In rare cases, you may buy a Parcel or Parcels in one of our Games & Services that will be designated as part of a Landmark or virtual point of interest in the future. In these special circumstances, we reserve the right to take back such Parcel or Parcels in order to appropriately package it with the designated Landmark or virtual point of interest and, if we take back such Parcel or Parcels you have purchased for that reason, you will be refunded the in-game credits spent originally acquiring such Parcels. Any decisions we make whether to designate a Parcel or Parcels as part of a Landmark or virtual point of interest or whether or to what extent to refund you with in-game credits for a Parcel or Parcels that you acquired prior to our designation of such Parcel(s) as part of a Landmark or virtual point of interest are final.
NO SECURITIES OR YIELD
Atlas Reality may provide Games & Services that pay real world U.S. dollars back to the player as a cash back reward styled as payments for the virtual use of virtual land. We call such cash back reward "Virtual Rent." By using our Games & Services, a User acknowledges and agrees: that Rent is scheduled by Atlas Reality; that Rent may be subject to change, reduced significantly, and/or terminated in our sole discretion; and that payment of Rent is not guaranteed. Our intent to pay Rent as a cash-back reward is not a promise of yield, dividends, interest, or any other form of investment income or return. For the further avoidance of doubt, in games where virtual land generates Rent, the sale of such virtual land shall not be construed as a sale of an investment contract, note, or any other form of security. Rather, the sale of such virtual land is solely for entertainment and enjoyment purposes. We pay Rent solely to reward your loyalty, foster verisimilitude, and enhance your gaming experience. You should never purchase a Parcel, Landmark, or any other virtual land through our Games & Services for investment purposes. None of these features of our Games & Services are suitable for investment purposes. None of our Games & Services are a replacement for standard investment vehicles such as stocks or bonds or savings vehicles such as savings accounts, time deposits, or certificates of deposit.
CASH BACK REWARDS AND CASHING OUT
Our Games & Services may offer cash-back rewards, like Virtual Rent, in the form of "real world" U.S. dollars or cryptocurrency. You may be able to cash out some or all of the amount of the balance of your Virtual Rent to your PayPal, bank, or crypto account. In order to cash out from Games & Services, the balance of your accrued Virtual Rent cash-back rewards must be at least $5. This threshold may be subject to change. Furthermore, applicable fees to transfer the money may be deducted from the balance of your accrued Virtual Rent cash-back rewards.
In the Games & Services, you may have the opportunity to purchase with "real world" fiat currency (e.g., real world U.S. dollars): (a) virtual currency, including but not limited to virtual cash or runes, for use exclusively in a particular game or service provided by Atlas Reality; (b) virtual in-game items; (c) "virtual memberships," which are access to premium content; and (d) other real world or virtual goods or services. (Items in (a) – (d) are referred to collectively as "Virtual Items" and each, individually, as a "Virtual Item.") You are only allowed to purchase a Virtual Item from us or our authorized partners through the Games & Services, and not in any other way. Please note that you pay for Virtual Items that you may purchase from us via the Apple Store or Google Play.
The Company may manage, regulate, control, modify, or eliminate any and all Virtual Items at any time, with or without notice. The Company shall have no liability to you, any other User, or any third party in the event the Company exercises any such rights.
You shall not purchase or redeem, or attempt to purchase or redeem, any Virtual Item through the Games & Services except as expressly authorized in the Games & Services. Nor shall you sell, re-sell, or otherwise transfer, or attempt to sell, re-sell, or otherwise transfer, any Virtual Item to any person or entity, including but not limited to the Company, another User, or any third party, except as expressly authorized in the Games & Services.
Virtual memberships that are monthly subscriptions may be terminated at any time by ending membership access via Google Play, the AppStore, or our website.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE GAMES & SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS OTHERWISE MAY BE EXPRESSLY STATED IN WRITING BY ATLAS REALITY, INC.
You will be provided a Virtual Item that you purchase for use in Atlas Reality's Games & Services upon Atlas Reality's acceptance of your purchase.
Pre Order Purchases
From time to time, Atlas Reality may advertise limited offers to purchase, with real world fiat currency (e.g., real world U.S. dollars), new or upcoming games or Virtual Items before the game or Virtual Item has been released. These purchases are called "Pre-Order Purchases." Pre-Order Purchases are FINAL and NON-REFUNDABLE unless Atlas Reality receives a refund request from the purchaser within 24 hours of the Pre-Order Purchase. Preorder purchases are made through the Atlas Reality website.
When buying a Virtual Item, you agree that:
You agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due with respect to your purchase or Pre-Order Purchase. You agree that Atlas Reality, as the seller, is not responsible for reporting, collection, or payment of any taxes on your behalf.
POTENTIAL BENEFITS TO USERS FOR USING THE ATLAS MERCHANT PLATFORM
Atlas Reality has established a program, called the Atlas Merchant Platform ("AMP"), through which Users may be eligible to receive free virtual in-game currency, points, and other digital rewards for use in the Games & Services (collectively, "Rewards") for making certain purchases of goods or services at a real-world, physical location (e.g., store or restaurant) that is owned or operated by a merchant that participates in the AMP or through the participating merchant's related website or mobile app.
To be eligible to earn Rewards from a participating merchant through the AMP, a User must use his or her Enrolled Card, which must be an eligible Visa or Mastercard credit card, to make a Qualifying Purchase under a Card Linked Offer.
We reserve the right to determine whether any given transaction is a Qualifying Purchase. We reserve the right to limit the value of Rewards to $100 or less per Qualifying Purchase.
The terms of your purchase of any product or service from a merchant participating in the AMP are governed by your relationship with that merchant. Visa and Mastercard are not responsible for the offers (including Card Linked Offers), goods, or services displayed, purchased, or paid for in connection with an offer (including a Card Linked Offer) or the merchants whose offers, products, or services are promoted in connection with an offer (including a Card Linked Offer). Visa and Mastercard will have no liability associated with or arising from your participation in an offer, including your failure to receive rewards.
If you return an item you purchase from a merchant participating in the AMP for which you have received a Reward (including but not limited to free virtual currency), Atlas Reality reserves the right to clawback or otherwise cancel the Reward (including but not limited to free virtual currency) you received for such purchase without any compensation to you. Furthermore, if we suspect that a User is engaging or has engaged in conduct we consider, in our sole discretion, to be abusive of the AMP, we reserve the right to terminate the User's account at any time with or without notice to the User. Conduct abusive of the AMP includes, without limitation, (1) a User's making a substantial dollar amount of purchases from a merchant participating in the AMP that generates a substantial amount of free virtual currency or other Rewards or (2) returning goods or services purchased from a merchant that participates in the AMP at a high rate.
User Payment Card Eligibility for the AMP
Only U.S.-issued VISA credit cards and Mastercard credit cards are eligible for use in Atlas Reality's Atlas Merchant Platform, which again, we refer to as the AMP. No other kind of payment card is eligible to participate in the AMP, including but not limited to, Visa or Mastercard debit cards, prepaid cards, and corporate cards, as well as Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible to participate. If your enrolled Visa or Mastercard credit card is lost, stolen, or damaged, please call your card issuer to request a replacement card. If recognized by Visa or Mastercard as the case may be, unauthorized purchases using a lost or stolen Visa or Mastercard card or card number will not be considered Qualifying Purchases. Please note that transactions cannot be aggregated across or transferred to a replacement card or if the issuer changes the card account number of the originally registered Visa or Mastercard credit card. Visa and Mastercard reserve the right to terminate statement credit processing at any time in their respective sole discretion, with or without notice, and shall not be liable for any outstanding statement credit processing requests at that time. In no event shall Visa or Mastercard's role as a Payment Services Provider (defined below) constitute or be considered as issuing or maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending rewards and any associated dollar values represent offer fulfillment amounts in process, and not your funds or balances maintained or held by Visa or Mastercard.
Payment Card Encryption, Processing, and Use Of Transaction Information
We will notify the applicable Payment Services Provider when you have activated a Card Linked Offer and you hereby authorize us to provide such notifications to the Payment Services Provider. Your Qualifying Purchase(s) will be monitored by the applicable Payment Services Provider. The Payment Services Provider provides us with details of your transaction when its systems detect a transaction that may be a Qualifying Purchase. If the Reward associated with a Card Linked Offer is a statement credit, the Payment Services Provider may also initiate statement credits as requested by us. By activating a Card Linked Offer, you agree that the Payment Services Provider can monitor your Enrolled Card transactions to identify Qualifying Purchases to apply towards your completion of a Card Linked Offer and to initiate statement credits requested by us, and you consent to the Payment Services Provider providing such Qualifying Purchase information to us and the applicable Offer Partner and processing such statement credits. We reserve the right to limit Rewards Value to $100 or less per Qualifying Purchase.
The terms of your purchase of any product or service from a merchant are governed by your relationship with that merchant. Visa and Mastercard are not responsible for the offers, goods, services displayed, purchased, or paid for in connection with an offer or the merchants whose offers, products, or services are promoted in connection with an offer. Visa and Mastercard will have no liability associated with or arising from your participation in an offer, including your failure to receive rewards.
Except where prohibited by law, the provisions in this section apply to you whether or not you have paid access, visit, or use our Games & Services.
OUR GAMES & SERVICES AND ALL CONTENT ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL OF OUR GAMES & SERVICE AND ALL CONTENT PROVIDED ON ANY OF THEM IS SUBJECT TO CHANGE WITHOUT NOTICE. ATLAS REALITY DOES NOT GUARANTEE THAT THE GAMES & SERVICES OR ANY CONTENT ON THEM WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. YOU ACCESS AND USE ANY OF GAMES & SERVICE AND ANY CONTENT ON THEM AT YOUR OWN RISK.
ATLAS REALITY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, FOR ALL OF OUR GAMES & SERVICE AND ALL CONTENT ON ANY OF THEM.
THERE MAY BE TIMES WHEN THE GAMES & SERVICES OR CONTENT ON THEM MAY BE UNAVAILABLE, EITHER TEMPORARILY OR PERMANENTLY, DUE TO, FOR EXAMPLE AND WITHOUT LIMITATION, THE NEED TO PERFORM ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. WE RESERVE THE RIGHT TO DISCONTINUE, CHANGE, SUSPEND, REMOVE AND/OR DISABLE ACCESS TO ANY OF OUR GAMES & SERVICES AND TO ANY CONTENT ON OUR GAMES & SERVICES AND TO IMPOSE LIMITS ON THE USE OF, VISIT TO, OR ACCESS TO ANY OF OUR GAMES & SERVICES OR TO THE CONTENT ON ANY OF OUR GAMES & SERVICES, IN EACH CASE AT ANY TIME AND WITHOUT NOTICE OR LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR THE DISCONTINUANCE, MODIFICATION, SUSPENSION OR REMOVAL OF, OR DISABLING OF ACCESS TO, ANY SUCH GAME & SERVICE OR CONTENT AT ANY TIME AND/OR FOR ANY PERIOD OF TIME. ALSO, FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF, OR ALL OF, OUR GAMES & SERVICES OR TO THE CONTENT ON THE GAMES & SERVICES, INCLUDING TO REGISTERED USERS.
YOU AGREE THAT ATLAS REALITY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, IN GENERAL AND TO THE EXTENT OUR WEBSITE IS TEMPORARILY DOWN BECAUSE OF THAT CONGESTION OR OVERLOAD. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, ANY SNEAKER, AUTHENTICATION TAG, OR ANY OTHER PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE GAMES & SERVICES BY A THIRD PARTY.
ATLAS REALITY DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION OR POSTING, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT OR POSTING.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ATLAS REALITY SHALL NOT BE RESPONSIBLE FOR USER SUBMISSIONS, POSTINGS, OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY USER AND THAT THE RISK OF HARM OR DAMAGE FROM ANY SUCH SUBMISSIONS, POSTINGS, OR CONDUCT RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION OR POSTING OR INTERACTION WITH ANY USER IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY USER IN CONNECTION WITH THE GAMES & SERVICES OR ANY USER SUBMISSION, POSTING, OR CONDUCT, YOU AGREE THAT ATLAS REALITY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. ATLAS REALITY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
THE LAW OF SOME JURISDICTIONS RESTRICTS, OR ALTOGETHER PROHIBITS, CONTRACTUAL LIMITATIONS ON WARRANTIES. THEREFORE, THE FOREGOING LIMITATIONS IN THIS SECTION MIGHT NOT APPLY TO YOU EITHER IN WHOLE OR IN PART.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL ATLAS REALITY, ANY OF OUR AFFILIATES, OWNERS, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, ANY OF OUR OFFER PARTNERS, OR ANY PAYMENT CARD NETWORK BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR IN CONNECTION WITH YOUR USE, ACCESS, OR VISIT, OR INABILITY TO USE, ACCESS, OR VISIT, ANY OF OUR GAMES & SERVICES, WHETHER OR NOT ATLAS REALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATLAS REALITY FOR ANY DAMAGE OR LOSS THAT ARISES OUT OR IS IN ANY WAY CONNECTED WITH YOUR VISIT, ACCESS TO, OR USE OF, OR YOUR INABILILITY TO VISIT, ACCESS, OR USE, ANY OF OUR GAMES & SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ATLAS REALITY FOR USING THE GAMES & SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE INCIDENT THAT CAUSED YOUR DAMAGE OR LOSS.
THE LAW OF SOME JURISDICTIONS RESTRICTS, OR PROHIBITS ALTOGETHER, CONTRACTUAL LIMITATIONS OF LIABILITY AND LIMITATIONS ON DAMAGES PROVISIONS. THEREFORE, THE ABOVE LIMITATIONS IN THIS SECTION MIGHT NOT APPLY TO YOU EITHER IN WHOLE OR IN PART.
By visiting, accessing, or using any of our Games & Services, you agree to defend, indemnify, and hold harmless Atlas Reality, our Affiliates, Offer Partners, Payment Services Providers, payment card networks we utilize, and our and their respective owners, officers, directors, members, managers, shareholders, employees, agents, predecessors, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Games & Services; (ii) your Postings; (iii) your interaction with any User; or (iv) your violation of the Terms of Service.
The Terms of Service and the relationship between you and Atlas Reality shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its principles of conflict of laws.
Unless otherwise provided in the Terms of Service, you agree that the following procedures shall be the exclusive mechanism for resolving any dispute between you and the Company arising out of or in connection with the Terms of Service or Games & Services:
Informal negotiations. In the first instance, you and the Company agree to engage, in good faith, in informal negotiations in an effort to resolve any such dispute. The dispute shall be considered to have arisen when you or the Company sends to the other party a written notice that describes in reasonable detail the nature of the dispute. The period for informal negotiations shall be fourteen (14) days from receipt of the written notice of dispute unless such time is modified by written agreement of you and the Company.
Mediation. In the event that you and the Company do not resolve the dispute through the informal negotiations describe above, you and the Company agree to submit the dispute to mediation. You and the Company shall propose and agree upon a neutral and otherwise qualified mediator no later than fourteen (14) days following the end of informal negotiations concerning the dispute. In the event that you and the Company fail to agree upon a mediator, you and the Company shall jointly request that the American Arbitration Association ("AAA")'s office in San Antonio, Texas appoint a mediator and the mediation will be held in Austin, Texas or other mutually agreed to venue. The period for mediation shall commence upon the appointment of the mediator and shall not exceed sixty (60) days, unless such time period is modified by written agreement of you and the Company. The decision to continue mediation shall be in the sole discretion of each party involved in the dispute. You and the Company will each bear your own respective costs of the mediation, including your own attorney's fees associated with the mediations. The fees of the mediator and mediation service, if any, shall be shared equally by you and the Company.
Court lawsuit. To the extent, if any, that a dispute between you and the Company arising out of or in connection with the Terms of Service or Games & Services is not settled completely and finally pursuant to the mediation described above, you and the Company agree that a lawsuit may then and only then be filed in court regarding the dispute. If such a lawsuit is filed, you and the Company further agree that:
the lawsuit shall be brought and litigated only in a state or federal court whose jurisdiction includes Austin, Texas, and the jurisdiction and venue of those courts shall be exclusive;
you and the Company consent to personal jurisdiction and venue in those courts for such lawsuit and waive any objection based on forum non conveniens to litigating such lawsuit in those courts;
the court shall award the prevailing party in any such lawsuit its reasonable costs and attorney's fees, in addition to any other remedy to which the prevailing party may be entitled; and,
YOU AND THE COMPANY WAIVE YOUR OR THEIR RESPECTIVE RIGHT TO TRIAL BY JURY IN ANY SUCH LAWSUIT; and
In addition to the foregoing provisions: YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE TERMS OR GAMES & SERVICES MUST BE COMMENCED IN COURT WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you wish to terminate your registration and account with us, you may do so at any time by deleting your account in-app via the settings menu. Except as prohibited by law, we reserve the right to suspend, disable, or terminate your account or registration with us and/or your access to or use of the Games & Services, any Content, or any part of any of the Games & Services or Content, immediately at any time and for any or no reason.
The Company shall not be liable to you or any third party for termination of the Games & Services, Content, or any part of any of the Games & Services or Content. If you object to any provision or condition of the Terms of Service, or any subsequent modifications thereto, or become dissatisfied with the Games & Services in any way, your only recourse is to immediately discontinue use of the Games & Services. Upon termination of your registration and account with us, you shall cease all use of the Games & Services. The provisions regarding warranty disclaimers, limitations of liability, indemnity, and privacy shall survive termination of your account and registration.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to our Games & Services, or any portion of them, for any reason; (2) to modify or change our Games & Services, any Content, any portion of Games & Services or Content, and any policies or terms applicable to them; and (3) to interrupt the operation of our Games & Services, or any portion of them, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If any of the provisions of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be void, unlawful, or unenforceable, the court or tribunal may, if applicable law permits, modify the void, unlawful, or unenforceable provision(s) to the minimum extent needed to make it or them valid, legal, and enforceable, or, if the law does not permit such modification or if the court or tribunal elects not to make such modification, the void, unlawful, or unenforceable provision(s) shall be deemed severable from the Terms of Service, shall be deemed stricken from the Terms of Service, and shall not affect the validity, legality, and enforceability of any remaining provisions of the Terms of Service, which shall remain in full force and effect.
Our failure to insist on or enforce strict performance of the Terms of Service shall not be construed as a waiver by us of any provision or any right we have to enforce the Terms of Service, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of the Terms of Service. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.
The Terms of Service, and any rights and licenses granted thereby, may not be transferred, or assigned by you but may be assigned by the Company without restriction or notification to you. Any prohibited assignment shall be null and void.
The Terms of Service shall constitute the entire agreement between you and the Company concerning the Games & Services, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use and access to the Games & Services are hereby superseded and cancelled.
Please use reasonable judgment when playing our games. Please obey city, county, state, and national laws, including those that prohibit trespassing and regulate vehicles on roads and highways. Enjoy our games responsibly.
If you have any questions or concerns about the Terms for these Games & Services or their implementation, you may contact us at email@example.com.
Last Updated: 10/13/2022