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Please read these Terms of Service and our Privacy Policy (www.solzerogame.com/privacy.php) carefully before using Chondrite Games, LLC's ("CHONDRITE") Services.
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and CHONDRITE. If you do not agree to all the terms and conditions, you must not use our Services.
1. DEFINITIONS
a) Account — Any account provided by CHONDRITE that you create to access certain Services.
b) In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
c) IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
d) Privacy Policy — CHONDRITE policy regarding privacy. The current version is found at www.solzerogame.com/privacy.php
e) Service or Services — Any game, website, and other related services by CHONDRITE and its affiliates.
f) Terms of Service or Term — These terms of service
g) Virtual Goods— Digital material CHONDRITE may make available under certain restrictions. Including, but not limited to custom maps and textures.
2. OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
a) Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a CHONDRITE game client, and the CHONDRITE game clients and server software) are owned or licensed by CHONDRITE. CHONDRITE reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
b) License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant CHONDRITE policies, CHONDRITE grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
c) License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by CHONDRITE based on average usage of the Services from other users.
You acknowledge you will not directly or indirectly:
1. Partake in any activity or action that CHONDRITE deems to be against the spirit or intent of the Services.
2. copy, distribute or reproduce any Service or related content.
3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or CHONDRITE itself.
4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
5. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a CHONDRITE employee.
6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
d) Your Account and Virtual Goods and/or In-App Purchases.
1. No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by CHONDRITE and are licensed to you under the same rules as 2(a).
2. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by CHONDRITE based on average usage of the Services from other users. If you would like us to delete your account, please alert us here: solzerogame@gmail.com
3. USER CONTENT
a. CHONDRITE assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk
b. When you transmit or upload User Content, you agree to abide by the following rules:
1. All content will be accurate
2. All content will be free of any infringing material
3. All content will not be in violation of any law, contractual restrictions, or other parties' rights.
4. All content will be free of viruses, adware, spyware, worms, or other malicious code.
c. You hereby grant CHONDRITE a revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to CHONDRITE the right to authorize others to exercise any of the rights granted to CHONDRITE under these Terms of Service. You further hereby grant to CHONDRITE the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. CHONDRITE does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: solzerogame@gmail.com.
4. FEES AND PAYMENT TERMS
a. Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. CHONDRITE may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. CHONDRITE shall have no liability to you or any third party is CHONDRITE exercises any such rights.
b. Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. CHONDRITE does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
c. ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT CHONDRITE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
5. DURATION
a) Unless modified or amended by CHONDRITE, this agreement and its provisions shall remain in effect. Termination of any license granted by CHONDRITE under this agreement does not affect any other provisions of this agreement.
6. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
a) You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized under the provisions of Section 6(c) below. If you are under 13 years of age, you may not use our Services. If you are under 13 years of age, you must not create an Account, use any part of the Services, or submit personal information through the Services.
b) Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 6(c) below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
c) If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:
1. You acknowledge, and further agree they are entering into an agreement with your consent;
2. You acknowledge, and further agree you are responsible for all the provisions they have agreed to on your behalf;
3. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
4. In consideration for CHONDRITE allowing access to the Game by a minor, and in addition to the provisions of Section 13 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless CHONDRITE with respect thereto.
7. SERVICE AND AVAILABILITY
a) You acknowledge that CHONDRITE may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
b) You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of CHONDRITE, and that CHONDRITE cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
8. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE CHONDRITE AND CHONDRITE AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF CHONDRITE AND/OR THE CHONDRITE AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID CHONDRITE AND/OR THE CHONDRITE AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID CHONDRITE OR ANY CHONDRITE AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CHONDRITE AND/OR ANY CHONDRITE AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
9. INDEMNITY
a) You agree to defend, indemnify and hold harmless CHONDRITE, any third-parties under agreement with CHONDRITE, any parent, subsidiary or affiliate of CHONDRITE, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
1. Your failure to comply with any provision of this agreement;
2. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
3. Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
b) You acknowledge, and further agree, that CHONDRITE has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
10. DISPUTE RESOLUTION
a) Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if CHONDRITE, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or CHONDRITE may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
1. The American Arbitration Association (AAA) will run the arbitration between you and CHONDRITE, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
2. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and CHONDRITE agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
11. GENERAL PROVISIONS
a) It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that CHONDRITE may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
b) Force Majeure. Both you and CHONDRITE shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or CHONDRITE, as applicable under the circumstances.
c) No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
d) Waiver. Signed written consent from a legally authorized representative of CHONDRITE is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
e) Injunctive Relief. You and CHONDRITE acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or CHONDRITE) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
f) Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of New Hampshire, or, as appropriate, by federal law as applied by a federal court sitting in New Hampshire, both without regard to Florida choice of law rules.
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PRIVACY POLICY
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Privacy is something we take very seriously here at Chondrite Games, LLC ("CHONDRITE"), and it is our goal to be open and transparent with what information we collect, and how we use it. This website, products, mobile applications, console or PC applications, and any services (collectively "Services") linked by this Privacy Policy ("Policy") are controlled by CHONDRITE and its affiliates ("we", "our", or "we").
This Policy will explain what information we collect, why we collect it, and how we use it. Additionally, this Policy explains the choices we offer, including how to access and update your information.
If you have any questions about this Policy, please contact us at: solzerogame@gmail.com
By using the Services, you are consenting to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree with these terms, please do not use the Services.
Information we collect
We collect information to provide better Services to our users and improve our business.
We collect information in two ways:
1. Information you give us or information provided through a social network. For example, some of our services require you to sign up for an account, provide information for a contest or award, or link an account through a social network. We work with social networks including, but not limited to Facebook, Twitter, Google Plus, and LinkedIn. We have access to information you directly provide and information through those social networking services based on your privacy settings on those networks.
2. Information we get from your use of our Services. We may collect information about the Services that you use and how you use them, like when you visit different parts of our site or applications and what selections you make on the Services. We may also automatically collect certain technical information such as:
a) Device information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the Services).
b) Personal Information
We collect the following personal information when you use our Services:
1. Email used for game account creation
2. Associated PayPal Email address
3. Account holder's name is shown in the paypal receipt, but not logged
c) Log information
When you use our Services or view content provided by us, we may automatically collect and store certain information in server logs. This information may include:
1. Details of how you used our service, such as your navigation paths and search queries.
2. Mobile related information if you access our Services using your mobile device.
3. Internet protocol address.
4. Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
5. Cookies that may uniquely identify your browser, mobile device, or your account.
6. Browser type, operating system, and other technical information
2. How we use information we collect
We use the information we collect from all of our Services to provide, maintain, protect and improve our Services, to develop new Services and offerings and to protect us and our users.
When you contact us, we may keep a record of your communication as well as the other information in this Privacy Policy to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
Please keep in mind that comments sections, forums, and other similar areas of our Services are public. Any information posted in those areas is viewable and usable by anyone that has access.
We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.
3. Choice
If we provide you with any mailings or other communication, you can always opt out of that communication.
You have the right to remove your personal information from our databases. To do this, please delete your website account. If you have any problems or questions, please let us know by contacting us here solzerogame@gmail.com and we will assist you with the process.
4. Accessing and updating your personal information
Whenever you use our Services, we aim to provide you with access to your personal information in your account. If that information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
5. Information we share
We do not share personal information with companies, outside organizations and individuals unless one of the following circumstances apply:
A. With your consent
We will share personal information with companies, outside organizations or individuals if we have your consent to do so.
B. For external processing
We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
C. For legal reasons
We will share personal information with companies, outside organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our users or the public as required or permitted by law.
D. In case of a sale or asset transfer
If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of our Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Services.
E. In aggregated form for business purposes
We may share aggregated, non-personally identifiable information publicly and with our partners such as businesses we have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our services.
6. Information security
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website or storage system is entirely secure, and as such we can make no guarantee for the safety of your information stored in associated with the Services. You should protect the account information in your possession as well.
7. Enforcement
We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up.
8. Children Under 13
Our Services are not directed toward children under 13 and we will not knowingly collect information for any child under the age of 13. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our Services, please contact us at solzerogame@gmail.com
9. Our Services are Located in the United States
Our Services are hosted in the United States. If you are outside of the United States, your information will be processed and stored in the United States and you are consenting to such processing and storage.
10. Changes
Our Privacy Policy may change from time to time. We will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain Services, email notification of privacy policy changes).
This Privacy Policy was last updated on April 28, 2015.
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and CHONDRITE. If you do not agree to all the terms and conditions, you must not use our Services.
1. DEFINITIONS
a) Account — Any account provided by CHONDRITE that you create to access certain Services.
b) In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
c) IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
d) Privacy Policy — CHONDRITE policy regarding privacy. The current version is found at www.solzerogame.com/privacy.php
e) Service or Services — Any game, website, and other related services by CHONDRITE and its affiliates.
f) Terms of Service or Term — These terms of service
g) Virtual Goods— Digital material CHONDRITE may make available under certain restrictions. Including, but not limited to custom maps and textures.
2. OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
a) Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a CHONDRITE game client, and the CHONDRITE game clients and server software) are owned or licensed by CHONDRITE. CHONDRITE reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
b) License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant CHONDRITE policies, CHONDRITE grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
c) License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by CHONDRITE based on average usage of the Services from other users.
You acknowledge you will not directly or indirectly:
1. Partake in any activity or action that CHONDRITE deems to be against the spirit or intent of the Services.
2. copy, distribute or reproduce any Service or related content.
3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or CHONDRITE itself.
4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
5. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a CHONDRITE employee.
6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
d) Your Account and Virtual Goods and/or In-App Purchases.
1. No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by CHONDRITE and are licensed to you under the same rules as 2(a).
2. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by CHONDRITE based on average usage of the Services from other users. If you would like us to delete your account, please alert us here: solzerogame@gmail.com
3. USER CONTENT
a. CHONDRITE assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk
b. When you transmit or upload User Content, you agree to abide by the following rules:
1. All content will be accurate
2. All content will be free of any infringing material
3. All content will not be in violation of any law, contractual restrictions, or other parties' rights.
4. All content will be free of viruses, adware, spyware, worms, or other malicious code.
c. You hereby grant CHONDRITE a revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to CHONDRITE the right to authorize others to exercise any of the rights granted to CHONDRITE under these Terms of Service. You further hereby grant to CHONDRITE the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. CHONDRITE does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: solzerogame@gmail.com.
4. FEES AND PAYMENT TERMS
a. Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. CHONDRITE may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. CHONDRITE shall have no liability to you or any third party is CHONDRITE exercises any such rights.
b. Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. CHONDRITE does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
c. ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT CHONDRITE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
5. DURATION
a) Unless modified or amended by CHONDRITE, this agreement and its provisions shall remain in effect. Termination of any license granted by CHONDRITE under this agreement does not affect any other provisions of this agreement.
6. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
a) You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized under the provisions of Section 6(c) below. If you are under 13 years of age, you may not use our Services. If you are under 13 years of age, you must not create an Account, use any part of the Services, or submit personal information through the Services.
b) Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 6(c) below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
c) If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:
1. You acknowledge, and further agree they are entering into an agreement with your consent;
2. You acknowledge, and further agree you are responsible for all the provisions they have agreed to on your behalf;
3. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
4. In consideration for CHONDRITE allowing access to the Game by a minor, and in addition to the provisions of Section 13 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless CHONDRITE with respect thereto.
7. SERVICE AND AVAILABILITY
a) You acknowledge that CHONDRITE may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
b) You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of CHONDRITE, and that CHONDRITE cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
8. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE CHONDRITE AND CHONDRITE AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF CHONDRITE AND/OR THE CHONDRITE AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID CHONDRITE AND/OR THE CHONDRITE AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID CHONDRITE OR ANY CHONDRITE AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CHONDRITE AND/OR ANY CHONDRITE AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
9. INDEMNITY
a) You agree to defend, indemnify and hold harmless CHONDRITE, any third-parties under agreement with CHONDRITE, any parent, subsidiary or affiliate of CHONDRITE, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
1. Your failure to comply with any provision of this agreement;
2. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
3. Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
b) You acknowledge, and further agree, that CHONDRITE has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
10. DISPUTE RESOLUTION
a) Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if CHONDRITE, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or CHONDRITE may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
1. The American Arbitration Association (AAA) will run the arbitration between you and CHONDRITE, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
2. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and CHONDRITE agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
11. GENERAL PROVISIONS
a) It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that CHONDRITE may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
b) Force Majeure. Both you and CHONDRITE shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or CHONDRITE, as applicable under the circumstances.
c) No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
d) Waiver. Signed written consent from a legally authorized representative of CHONDRITE is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
e) Injunctive Relief. You and CHONDRITE acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or CHONDRITE) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
f) Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of New Hampshire, or, as appropriate, by federal law as applied by a federal court sitting in New Hampshire, both without regard to Florida choice of law rules.
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PRIVACY POLICY
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Privacy is something we take very seriously here at Chondrite Games, LLC ("CHONDRITE"), and it is our goal to be open and transparent with what information we collect, and how we use it. This website, products, mobile applications, console or PC applications, and any services (collectively "Services") linked by this Privacy Policy ("Policy") are controlled by CHONDRITE and its affiliates ("we", "our", or "we").
This Policy will explain what information we collect, why we collect it, and how we use it. Additionally, this Policy explains the choices we offer, including how to access and update your information.
If you have any questions about this Policy, please contact us at: solzerogame@gmail.com
By using the Services, you are consenting to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree with these terms, please do not use the Services.
Information we collect
We collect information to provide better Services to our users and improve our business.
We collect information in two ways:
1. Information you give us or information provided through a social network. For example, some of our services require you to sign up for an account, provide information for a contest or award, or link an account through a social network. We work with social networks including, but not limited to Facebook, Twitter, Google Plus, and LinkedIn. We have access to information you directly provide and information through those social networking services based on your privacy settings on those networks.
2. Information we get from your use of our Services. We may collect information about the Services that you use and how you use them, like when you visit different parts of our site or applications and what selections you make on the Services. We may also automatically collect certain technical information such as:
a) Device information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the Services).
b) Personal Information
We collect the following personal information when you use our Services:
1. Email used for game account creation
2. Associated PayPal Email address
3. Account holder's name is shown in the paypal receipt, but not logged
c) Log information
When you use our Services or view content provided by us, we may automatically collect and store certain information in server logs. This information may include:
1. Details of how you used our service, such as your navigation paths and search queries.
2. Mobile related information if you access our Services using your mobile device.
3. Internet protocol address.
4. Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
5. Cookies that may uniquely identify your browser, mobile device, or your account.
6. Browser type, operating system, and other technical information
2. How we use information we collect
We use the information we collect from all of our Services to provide, maintain, protect and improve our Services, to develop new Services and offerings and to protect us and our users.
When you contact us, we may keep a record of your communication as well as the other information in this Privacy Policy to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
Please keep in mind that comments sections, forums, and other similar areas of our Services are public. Any information posted in those areas is viewable and usable by anyone that has access.
We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.
3. Choice
If we provide you with any mailings or other communication, you can always opt out of that communication.
You have the right to remove your personal information from our databases. To do this, please delete your website account. If you have any problems or questions, please let us know by contacting us here solzerogame@gmail.com and we will assist you with the process.
4. Accessing and updating your personal information
Whenever you use our Services, we aim to provide you with access to your personal information in your account. If that information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
5. Information we share
We do not share personal information with companies, outside organizations and individuals unless one of the following circumstances apply:
A. With your consent
We will share personal information with companies, outside organizations or individuals if we have your consent to do so.
B. For external processing
We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
C. For legal reasons
We will share personal information with companies, outside organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our users or the public as required or permitted by law.
D. In case of a sale or asset transfer
If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of our Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Services.
E. In aggregated form for business purposes
We may share aggregated, non-personally identifiable information publicly and with our partners such as businesses we have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our services.
6. Information security
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website or storage system is entirely secure, and as such we can make no guarantee for the safety of your information stored in associated with the Services. You should protect the account information in your possession as well.
7. Enforcement
We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up.
8. Children Under 13
Our Services are not directed toward children under 13 and we will not knowingly collect information for any child under the age of 13. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our Services, please contact us at solzerogame@gmail.com
9. Our Services are Located in the United States
Our Services are hosted in the United States. If you are outside of the United States, your information will be processed and stored in the United States and you are consenting to such processing and storage.
10. Changes
Our Privacy Policy may change from time to time. We will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain Services, email notification of privacy policy changes).
This Privacy Policy was last updated on April 28, 2015.