Welcome to Fluxis Games Inc!

These Terms of Service ("Terms") govern your access to and use of any website, app, game, service, technology, platform, channel, or any other products or features (collectively, the "Service") owned, operated, branded, or offered by Fluxis Games Inc (" Fluxis Games Inc," "we," "us," or "our"). For the purposes of these Terms, "you" or "your" refers to you as the user of the Service.

Please read these Terms carefully before using our Service. By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy (which is incorporated by reference into these Terms). If you do not agree to all of these Terms, then you may not access or use the Service.

You may not use the Service or share anything that is contrary to these Terms. For clarity, these Terms include, and incorporate by reference, the following policies: our Privacy Policy and any other specific policies or guidelines we may post from time to time.

1. The Service

Our Service primarily consists of interactive entertainment software, specifically games, and related services, including but not limited to websites, forums, community features, and customer support. The Service may allow you to acquire licenses to use virtual in-game items or other digital content ("Virtual Items" or "Game Props").

We reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

2. Your Account with Us

To access certain features of the Service, you may be required to create an account ("Account"). When you create an Account, you agree to:

(a) Provide accurate, current, and complete Account information;

(b) Maintain and promptly update your Account information to keep it accurate, current, and complete;

(c) Maintain the security of your Account credentials;

(d) Not share your Account credentials with others; and

(e) Promptly notify Fluxis Games Inc at [email protected] if you discover or otherwise suspect any security breaches related to the Service or your Account.

You are responsible for all activities that occur under your Account, whether or not you know about them. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

You may not use another person’s Account without their express permission.

3. License to Use the Service

Subject to your compliance with these Terms, Fluxis Games Inc grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, non-commercial entertainment purposes only. This license is subject to these Terms and does not include any right to:

(a) Sell, resell, or commercially use the Service or its content;

(b) Distribute, publicly perform, or publicly display any content of the Service, except as expressly permitted by us or the features of the Service;

(c) Modify or otherwise make any derivative uses of the Service or its content, or any portion thereof;

(d) Use any data mining, robots, or similar data gathering or extraction methods;

(e) Download (other than page caching) any portion of the Service, its content, or any information contained therein, except as expressly permitted on the Service; or

(f) Use the Service or its content other than for their intended purposes.

Any use of the Service or its content other than as specifically authorized herein, without the prior written permission of Fluxis Games Inc, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.

4. User Conduct

You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Service. You agree that you will abide by these Terms and will not:

Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

Use or attempt to use another user’s Account without authorization from that user and Fluxis Games Inc;

Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;

Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;

Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service that you are not authorized to access;

Develop or use any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from the Service;

Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms;

Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

Post, upload, or distribute any User Content (as defined below) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;

Exploit, distribute or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage;

Buy, sell, trade, or transfer your Account or any Virtual Items associated with your Account for real-world money or value outside the official Service channels, unless expressly authorized by Fluxis Games Inc.

5. User Content

Our Service may allow you and other users to create, post, store, and share content, including messages, text, photos, videos, software, and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Fluxis Games Inc, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content.

You grant Fluxis Games Inc and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.

You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

6. Virtual Items and In-Game Purchases

The Service may include Virtual Items or Game Props, including in-game objects, abilities, or other digital content that can be licensed for use within the Service, sometimes through the use of an accepted payment method. You understand that Virtual Items are licensed, not sold, to you. You do not own the Virtual Items and they do not have any real-world monetary value.

All purchases of licenses for Virtual Items are final and non-refundable, except as required by applicable law or as otherwise specified by us in writing. We have the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Items as we see fit in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice.

You agree that you will not buy, sell, trade, or transfer Virtual Items outside of the Service, except as expressly permitted by the mechanics of the Service itself or by Fluxis Games Inc in writing.

7. Intellectual Property Rights

The Service and its content, including but not limited to the Fluxis Games Inc logo, game titles, characters, artwork, storylines, code, user interface, visual design, and all other software and materials included in the Service (excluding User Content), are the property of Fluxis Games Inc or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except as expressly stated in these Terms, Fluxis Games Inc does not grant any express or implied rights to use Fluxis Games Inc's intellectual property.

8. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

9. Third-Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Service (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Fluxis Games Inc does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT AND MATERIALS ON THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY Fluxis Games Inc. Fluxis Games Inc DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fluxis Games Inc OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT OR MATERIALS THEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Fluxis Games Inc FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Fluxis Games Inc and its respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service or content, (b) any User Content you create, post, share, or store on or through the Service or our pages or feeds on third-party social media platforms, (c) any feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another.

13. Termination

Fluxis Games Inc reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Service, or any portion thereof, and to block or prevent your future access to and use of the Service or any portion thereof. You may terminate these Terms at any time by ceasing to use the Service and deleting your Account.

14. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Fluxis Games Inc AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(a) Binding Arbitration: Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Fluxis Games Inc agree (i) to waive your and Fluxis Games Inc’s respective rights to have any and all Disputes arising from or related to these Terms, or the Service or the materials and information available on or through the Service, resolved in a court, and (ii) to waive your and Fluxis Games Inc’s respective rights to a jury trial. Instead, you and Fluxis Games Inc agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

(b) No Class Arbitrations, Class Actions or Representative Actions: You and Fluxis Games Inc agree that any Dispute arising out of or related to these Terms, the Service, or content is personal to you and Fluxis Games Inc and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

15. Governing Law and Venue

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the Republic of Singapore, without regard to conflict of law rules or principles. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved exclusively in the courts of the Republic of Singapore.

16. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your Account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Service after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Service.

17. Contact Us

If you have any questions about these Terms or our Service, please contact us at:

[email protected]

2105 Nancy Gray Ave, Fort Collins, CO 80525, United States