Welcome to Atlas Reality, Inc. ("Atlas Reality," "Company," "We" or "Us"). These Terms & Conditions of Use, the Atlas Reality Privacy Policy [https://cdn.atlasempires.app/content/privacy-policy.html] (the "Privacy Policy") and all policies and additional terms posted on and in our sites, custom mobile games, applications, tools and services (collectively "Games & Services") set out the terms on which Atlas Reality offers you access to and use of our Games & Services, whether as a guest or a registered user. By accessing or using the Games & Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms & Conditions of Use, together with the Privacy Policy (the "Terms"). Certain portions of the Games & Services may not be available to you unless you have registered. If you do not agree to be bound by these Terms, you may not use the Games & Services in any way.
The Games & Services are only intended for individuals aged sixteen (16) years or older. If you are under 16 years old, please do not visit or use the Games & Services unless your parent or guardian has consented to your use after they visit or use the Games & Services to make sure that they understand these Terms and agree to them.
We reserve the right, at our discretion, to change or add to these Terms at any time. Changed and new terms, as applicable, will be effective ten (10) days following posting of the revised Terms on the Games & Services, and your continued use of the Games & Services thereafter means that you accept those changes.
DESCRIPTION OF GAMES & SERVICES
Atlas Reality designs and develops mobile online games distributed primarily through iOS and Android Devices. Atlas Reality 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, Atlas Reality 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. Atlas Reality may also leverage third-party advertising networks to monetize the gameplay. Atlas Reality may also create location-specific advertising for location-based games.
A description of Atlas Reality, its products, and the purchasing and delivery process is on our FAQ page, as updated from time to time. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. The Games & Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Games & Services are not available to minors without parental supervision. If you do not qualify, please do not use the Games & Services. Additionally, Atlas Reality reserves the right to refuse access to, or use of, the Games & Services to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the Games & Services and are prohibited from using alter egos or other disguised identities when using the Games & Services.
TAXES
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 transaction. You agree that Atlas Reality, as the seller, is not responsible for reporting, collection or payment of any taxes on your behalf.
LICENSE AND SITE ACCESS
Atlas Reality grants you a limited, non-exclusive license to access the Games & Services for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Games & Services and the framing of any content available through the Games & Services, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Atlas Reality's sole discretion) an unreasonable or disproportionately large load on Atlas Reality infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Atlas Reality to prevent or restrict access to the Games & Services. Any unauthorized use by you shall terminate the permission or license granted to you by Atlas Reality.
If you accessed or downloaded the Games & Services, also referred to as an App, from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (b) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) ("App Provider"), then you acknowledge and agree that:
USER CONDUCT
You agree not to: (1) interfere or disrupt with the security of, or otherwise abuse, the Program, the Site, or any services, system resources, accounts, Card-linked reward services, servers, or networks connected to or accessible through the Site or affiliated or linked websites; (2) disrupt or interfere with any other person’s access, use, or enjoyment of the Program, Site or affiliated or linked websites; (3) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; (4) use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Site; (5) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and (6) violate any local, state, or federal laws or regulations that apply to your access to or use of the Site or the Program. You may not access, use, or copy any portion of the Site or of the Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
YOUR ACCOUNT
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving Games & Services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Games & Services registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Atlas Reality has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Atlas Reality 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). If you use Games & Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or other devices. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Atlas Reality immediately of any unauthorized use of your account or any other breach of security. Atlas Reality reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
SUBMITTED CONTENT
The Games & Services may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. Atlas Reality is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Atlas Reality may from time to time monitor the Postings on the Games & Services and may decline to accept or remove any Postings. 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:
With respect to any Postings you submit or make available through the Games & Services (other than personal information, which is handled in accordance with the Privacy Policy), you grant Atlas Reality a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Atlas Reality, and (ii) Atlas Reality's authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
PURCHASES
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or runes, all for use in Atlas Reality, Inc. Games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); (c) “virtual memberships” (that may provide “virtual currency”, “Virtual access to premium content”); and (d) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
Atlas Reality, Inc. may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Atlas Reality, Inc. shall have no liability to you or any third party in the event that Atlas Reality, Inc. exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Atlas Reality,Inc., another user or any third party.
Monthly subscription, “virtual memberships” maybe terminated at any time by ending membership access via Google Play or AppStore.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Atlas Reality, Inc. games is a service provided by Atlas Reality, Inc. that commences immediately upon acceptance by Atlas Reality, Inc. of your purchase.
BUYER RESPONSIBILITIES
When buying an item, you agree that:
CARD ELIGIBILITY
Only U.S.-issued VISA credit cards are eligible to participate. Visa debit and Visa prepaid cards, Visa Corporate cards, Visa Purchasing cards, and 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 card is lost, stolen, or damaged, please call your card issuer to request a replacement card. If recognized by Visa, unauthorized purchases using a lost or stolen Visa 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 card. Visa reserves the right to terminate statement credit processing at any time in its 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's role as a Payment Service Provider 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
PAYMENT CARD ENCRYPTION; PROCESSING AND USE OF TRANSACTION INFORMATION
In order for you to use the Service, you agree to share your payment information with us and our third parties we engage, namely the applicable payment card network, participating merchant, or a payment processor ("Payment Services Provider"). By registering your Visa card for a Card Linked Offer (as defined below), you agree that Visa may perform the functions of the Payment Services Provider (as defined herein) specified in these terms. You authorize us and the applicable Payment Services Provider to receive your payment card number and use your payment card to track and view transactions you've made with the Service and participating merchants. You authorize the sharing, exchange and processing of your transaction details by and among us and our Payment Services Providers and participating merchants for your transactions as described in this agreement and in our Privacy Policy. Visa may be unable to track every transaction made with an enrolled Visa card, including payments made through other payment methods (such as a third-party digital wallet or payment app) and cross-border transactions, and these transactions are not eligible
By submitting your payment card information for the purposes of enrolling your Visa credit card with your Service account ("Enrolled Card"): (i) you authorize us and our Payment Services Provider to obtain, provide and use transaction information related to your purchases at participating merchants to calculate your points, to redeem rewards and to facilitate and make the Service available to you; and (ii) you acknowledge and agree that we may share details of your qualifying transactions on the Service (such as date, time and amount) at participating merchants with such merchants; as further described in this agreement and our Privacy Policy. A "Card Linked Offer" is an offer that you initiate by enrolling your Visa credit card with your Service account and then using the Enrolled Card to make a Qualifying Purchase. A "Qualifying Purchase" is a purchase from a merchant participating in the Services ("Offer Partner") that satisfies the terms associated with a Card Linked Offer and this Agreement. We reserve the right to determine whether any given transaction is a Qualifying Purchase. You may be eligible to earn in-game currency, points, and other digital rewards ("Rewards") when using your enrolled Visa card to make a Qualifying Purchase under a Card Linked Offer. 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 is not responsible for the offers, goods, services displayed, purchased or paid for in connection with an offer; or merchants whose offers, products, or services are promoted in connection with an offer. Visa will have no liability associated with or arising from your participation in an offer, including your failure to receive rewards.
PRIVACY
To provide you with our Games & Services, we must collect and process personal information about you (personal data). Personal data is any data that can identify you, directly or indirectly, in particular by reference to an identifier, such as a name, identification number, location data, online identifier, or to one or more elements specific to your physical, physiological, genetic, psychological, economic, cultural or social identity. We keep this information for as long as you are an active user of our services and, if you become an inactive user, then your personal data will be kept for a period of 24 months after which it will be deleted, unless you advise otherwise. We store it in the U.S. and other countries, some of which are located inside and others of which are located outside the European Union. To exercise your rights over your personal data, you may use the tools that we make available on the Games & Services, or you may submit an access request by sending an email to: privacy@cerberusinteractive.com. By using our Games & Services, you agree that we may use personal information that you provide or make available to us in accordance with our Privacy Policy [https://cdn.atlasempires.app/content/privacy-policy.html]. We invite you to read our Privacy Policy for complete information on the processing of your personal data.
COPYRIGHT POLICY
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our applicable copyright policies and all relevant and applicable laws, terms and regulations, including without limitation, Title 17 of the United States Code and World Intellectual Property Organization Copyright Treaty.
WARRANTY DISCLAIMERS
This section applies whether the services provided under the Games & Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE GAMES & SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ATLAS REALITY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ATLAS REALITY DOES NOT GUARANTEE THAT THE GAMES & SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE GAMES & SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. 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, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT ATLAS REALITY SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY GAMES & SERVICES USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY GAMES & SERVICES USER IN CONNECTION WITH THE GAMES & SERVICES OR ANY USER SUBMISSION, 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.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ATLAS REALITY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE GAMES & SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ATLAS REALITY, REWARD PARTNERS AND THE PAYMENT CARD NETWORKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAMES & SERVICES, EVEN IF ATLAS REALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATLAS REALITY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE 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 BRINGING THE CLAIM.
INDEMNITY
You agree to defend, indemnify and hold harmless Atlas Reality, Reward Partners, Payment Card Networks, and our affiliates, and our respective officers, directors, employees and agents, 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 Games & Services user; or (iv) your violation of these Terms.
TERM AND TERMINATION
These Terms are effective until terminated by Atlas Reality or you. Atlas Reality, in its sole discretion, has the right to terminate these Terms and/or your access to the Games & Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Atlas Reality shall not be liable to you or any third party for termination of the Games & Services, or any part thereof. If you object to any term or condition of these Terms, 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 these Terms, you shall cease all use of the Games & Services. The provisions regarding warranty disclaimers, limitations of liability, and privacy shall survive termination of these Terms.
RELATIONSHIP OF THE PARTIES
You are a purchaser and user of Atlas Reality's Games & Services, and Atlas Reality is the provider and seller of those Games & Services. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Atlas Reality. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Atlas Reality.
ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Atlas Reality without restriction or notification to you. Any prohibited assignment shall be null and void.
DISPUTE RESOLUTION
GOVERNING LAW
Atlas Reality reserves the right to discontinue or modify any aspect of the Games & Services at any time. These Terms 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. To the extent, if any, that the dispute is not settled completely and finally pursuant to the arbitration above, you agree to submit to the personal and exclusive jurisdiction of the courts located in Austin, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Atlas Reality may seek injunctive relief in any court of competent jurisdiction.
GENERAL
These Terms shall constitute the entire agreement between you and Atlas Reality concerning the Games & Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE GAMES & SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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.
CONTACT INFORMATION
If you have any questions or concerns about the Terms for these Games & Services or their implementation, you may contact us at [support@cerberusinteractive.com]
Last Updated: Tuesday, 29 June 2021 v0.1.16