TERMS

TERMS AND CONDITIONS

Last update 02 November, 2017

Welcome to the "Hostile Universe" mobile game, which is offered by TRIBALUDIC. Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our website located at Hostile Universe (the “Site”) and of our App, which are accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site and App are collectively called the “App.”

Agreement to Terms

By using our App, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the App.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the App is subject to our Privacy Policy.

Changes to Terms or App

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the App after we have posted modified Terms on the Site or the App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the App anymore. Because our App is evolving over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion. ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TRIBALUDIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Feedback

We welcome feedback, comments and suggestions for improvements to the App (“Feedback”). You can submit Feedback by contacting us at Hostile Universe. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, patterns, images, software, photographs, objects, concepts, artwork, gems (or other form of virtual in-App currency), character or player profile information, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App; and (ii) “User Content” means any Content that App users (including you) provide to be made available through the App.

Content Ownership, Responsibility and Removal

TRIBALUDIC does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, TRIBALUDIC and its licensors exclusively own all right, title and interest in and to the App and Content, including all associated intellectual property rights. You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Content, including User Content from other users. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the App.

Rights in Content Granted by TRIBALUDIC

Subject to your compliance with these Terms, TRIBALUDIC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display, modify and print the Content solely in connection with your permitted use of the App and solely for your personal and non-commercial purposes.

Rights on In-App Purchage

Any purchase within the application, whether product or service that provides an enhancement of the application by adding or removing content of any kind, including, without limitation, advertising, images or text, does not represent a purchase of another product, nor Guarantees to the user the use of that improvement in another device, the purchase that is realized within the App is not transferable nor refundable.TRIBAUDIC is not responsible for the misuse that the user gives to the App and that causes loss of data and generate a deactiva- tion of the improvement purchased.

Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. TRIBALUDIC may revise the pricing for the goods and services, including Virtual Currency and Virtual Items, offered to you through the App at any time. YOU ACKNOWLEDGE THAT TRIBALUDIC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS, SERVICES WHEN YOU UNISTALLOR WHEN YOU CEASE TO USE THE APP OR WHEN UNINSTALL IT.

Rights in App Granted by TRIBALUDIC

Subject to your compliance with these Terms, TRIBALUDIC grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. TRIBALUDIC reserves all rights in and to the App not expressly granted to you under these Terms.

General Prohibitions and TRIBALUDIC’s Enforcement Rights

You agree not to do any of the following

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the App or any individual element within the App, TRIBALUDIC’s name, any TRIBALUDIC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TRIBALUDIC’s express written consent;
Access, tamper with, or use non-public areas of the App, TRIBALUDIC’s computer systems, or the technical delivery systems of TRIBALUDIC’s providers;
Attempt to probe, scan or test the vulnerability of any TRIBALUDIC system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TRIBALUDIC or any of TRIBALUDIC’s providers or any other third party (including another user) to protect the App or Content;
Attempt to access or search the Site or Content or download Content from the App through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TRIBALUDIC or other generally available third-party web browsers;
Use the App to design cheats, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the App game experience;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to App users;
Use any meta tags or other hidden text or metadata utilizing a TRIBALUDIC trademark, logo URL or product name without TRIBALUDIC’s express written consent;
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Use the App or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or Content;
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Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing TRIBALUDIC;
Collect or store any personally identifiable information from the App from other users of the App without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or • Encourage or enable any other individual to do any of the foregoing.

If you or someone using your App, violates these rules, TRIBALUDIC may take action against you, including revoking access to certain or all TRIBALUDIC Services, Content or Entitlements. When practical, TRIBALUDIC will notify you of the action it will take in response to violations of these rules or breach of this Terms.

Although we’re not obligated to monitor access to or use of the App or Content or to review or edit any Content, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Specific TRIBALUDIC Services may post additional rules that apply to your conduct on those services. If you encounter another user who is violating any of these rules, please report this activity to TRIBALUDIC through the web page at Hostile Universe

Links to Third Party Websites or Resources

The App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the App, at our sole discretion, at any time and without notice to you. You may cancel your access to the App at any time by deleting the App. Upon any termination, discontinuation or cancellation of the App, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE APP AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

You will indemnify and hold harmless TRIBALUDIC and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the App or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER TRIBALUDIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIBALUDIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL TRIBALUDIC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TRIBALUDIC FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TRIBALUDIC, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIBALUDIC AND YOU.

Dispute Resolution

Arbitration Location and Procedure - The arbitration will be conducted in the county where TRIBALUDIC reside. The arbitration will be conducted solely on the basis of the documents that you and TRIBALUDIC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Any claim will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision - The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees - You agree to indemnify, defend and protect TRIBALUDIC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party suppliers from the Sites from any loss, expense, damages, and costs, including TRIBALUDIC reserves the right to assume, at its sole discretion, the exclusive defense and control of any matter subject to indemnification by you, in In which case you will have to cooperate fully with TRIBALUDIC to enforce all available defenses.

Contacting us

If you have any questions about these Terms or the App, please contact TRIBALUDIC at Hostile Universe