This Terms of Service (the "Agreement") is a legally enforceable contract between you ("User," "you," or "your") and Fluxis Games Inc. (the "Company," "we," "us," or "our"). By creating an account, accessing our digital platform, downloading mobile applications, or participating in any competitions, you confirm that you have read, understood, and unconditionally agree to abide by every term and condition in this document.
Key Note: Your participation does not hold Fluxis Games Inc. liable for competitions or services provided by third-party developers. You represent and warrant that you have full legal authority and capacity to accept these Terms.
2.1 Limited License to Use Our Services
As long as you comply with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to:
Access and use the Platform and all related content via supported web browsers or authorized mobile devices
Use platform avatars and digital assets within the specified usage parameters
Participate in competitions exclusively for personal entertainment purposes
2.2 How We Update This Agreement
We reserve the sole discretion to modify, amend, or replace any part of this Agreement. For material changes, we will notify you through:
Prominent notices displayed on our website
Direct email communications to your registered account
In-platform announcement systems
All changes take effect immediately upon being posted. Your continued use of the Platform after modifications are made means you fully accept the revised terms.
3.1 Core Qualification Criteria
To register an Account or take part in competitions, you must:
Be a natural person who is at least 18 years old (or has reached the age of legal majority in your jurisdiction, whichever applies)
Have full legal capacity to enter into binding contracts
Be physically located in jurisdictions where participation is explicitly permitted
Remain in ongoing compliance with all terms of this Agreement
3.2 Jurisdictions Where Participation Is Prohibited (Current List)
United States: Delaware, Louisiana, Maryland, Montana, Tennessee, Indiana, Maine, Texas
Any other region where participating in our competitions would violate local laws or regulations
4.1 Core Account Governance
Only one Account is allowed per individual for their lifetime
You must notify us immediately if you discover:
Unauthorized access to your Account or any security breaches
Multiple accounts linked to your identity
You are solely responsible for:
Keeping your login credentials confidential at all times
All activities conducted through your Account
4.2 Inactive Account Policy
Accounts with no recorded transactions for 30 consecutive months will have their balances processed in accordance with applicable escheatment laws, and the Account may be permanently closed.
5.1 Core Participation Standards
Participation in competitions is strictly for personal, recreational purposes only. The following actions are prohibited at all times:
Engaging in fraudulent, collusive, or manipulative activities
Using automated tools, bots, or artificial intelligence to gain an unfair advantage
Selling or trading merchandise, competition winnings, or account privileges
6.1 DMCA Copyright Infringement Claims
To submit a claim of copyright infringement, your notice must include:
A physical or electronic signature from an authorized representative of the copyright owner
A detailed description of the copyrighted work you claim has been infringed
The exact location of the infringing material on our Platform
Your contact information (name, address, phone number, email)
A statement that you have a good faith belief the use of the material is not authorized by the copyright owner, its agent, or the law
A verification that the information in the notice is accurate, made under penalty of perjury
6.2 License for User-Submitted Content
By submitting content to our Platform, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and distribute that content. Where permitted by law, you waive all moral rights associated with the content.
6.3 Ownership of Digital Assets
All in-game assets ("Digital Assets") are and remain our exclusive property. We grant you only a limited, non-transferable license to use these assets for personal purposes.
7.1 Limits on Our Liability
To the maximum extent allowed by law, we are not liable for:
Direct or indirect damages (including but not limited to data loss, lost profits, or business interruption)
Conduct or content from third-party developers or users
Service interruptions, outages, or quality degradation
Unauthorized access to your Account or security breaches (unless caused by our gross negligence)
7.2 Your Indemnification Obligation
You agree to defend, indemnify, and hold the Company harmless from and against all claims, damages, fines, fees, and expenses (including legal fees) arising from:
Your violation of this Agreement
Your illegal or unauthorized use of our Services
Your infringement of third-party intellectual property or other rights
8.1 Governing Law
This Agreement is governed by the laws of the State of Nevada, excluding its conflict of laws principles.
8.2 Mandatory Arbitration
All disputes arising from or related to this Agreement shall be resolved through arbitration administered by the American Arbitration Association (AAA):
Arbitration will follow the AAA Commercial Arbitration Rules
Venue will be within the United States
Only individual claims are allowed (waiver of class action rights)
The arbitrator's decision is final and binding on both parties
8.3 Waiver of Class Action Rights
You agree to resolve all disputes with us on an individual basis and waive any right to participate in class, consolidated, or representative legal actions.
9.1 Force Majeure
We are not liable for failures to perform our obligations under this Agreement due to events beyond our reasonable control, such as natural disasters, government actions, or critical infrastructure failures.
9.2 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain fully valid and enforceable.
9.3 Assignment
We may transfer or assign our rights and obligations under this Agreement without your prior consent. You may not assign this Agreement without our written permission.
9.4 Entire Agreement
This Agreement constitutes the complete and exclusive understanding between you and the Company regarding the subject matter herein, superseding all prior oral or written agreements, understandings, or representations.
For inquiries related to this Agreement:
Email: [email protected]
Response Timeline: We will process your inquiry within 2–3 business days
Legal Matters: Use the designated channel for official legal communications related to this Agreement
Company Address: 2105 Nancy Gray Ave, Fort Collins, CO 80525, United States