ab1.link

ab1.link Terms of Service

You can find a plain-text version of these terms here.

By using Our products or services, You agree to these Terms of Service as well as Our Code of Conduct, Acceptable Use Policy and Privacy Policy.

Last updated on April 10th, 2024

Casual Simulation offers tools for authoring open source experiences.

Please review the entirety of these terms carefully as they apply how Your data is used, the rights You have to the content You create or share, and more.

Table of Contents

  1. Table of Contents
  2. About These Terms
  3. Personal Use Only
  4. About Accessing And Using Our Services
  5. Content Permissions, Restrictions, and Licensing
  6. Your Risk In Accessing Licensed User Content
  7. OLX Services
  8. Warranty Disclaimer
  9. Limitation of Liability
  10. Indemnity
  11. Intellectual Property
  12. Privacy
  13. Mandatory Arbitration
  14. General Terms

About These Terms

These Terms of Service pertain to the legal obligations You assume when You access the following websites:

  • ab1.bot
  • publicos.link
  • docs.casualos.com
  • alpha.ab1.bot
  • ab1.link
  • publicos.com
  • auxplayer.org

These Terms of Service further relate to any access points, endpoints, webhooks, or any other services provided at the above listed domains ("Services") and create a legal agreement between You ("You" or "Your") and Casual Simulation, Inc, a 501(c)(3) not-for-profit company registered in Michigan whose address is 1740 44th ST SW STE 5 Wyoming, MI 49519 ("Casual Simulation," "we," "us," or "our").

If You are using the Services on behalf of You personally, "You" means You individually; if You represent an organization, "You" means Your organization. You agree that by accessing Our Services, You are agreeing to these Terms of Service, Our Acceptable Use Policy, and Privacy Policy. If You do not agree with these Terms of Service THEN YOU SHOULD NOT ACCESS OUR SERVICES.

PLEASE BE AWARE THAT BY USING THE SERVICES, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

All ages may access or use the Services, but if You are under 18 You require the consent of Your parent or legal guardian.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.

You can access these Terms of Service at any time at https://ab1.bot/terms-of-service.txt. We can make changes to these Terms of Service at any time and Your continued use of Our Services shall confirm Your acceptance of the updated Terms of Service whether You have read them or not. To reiterate, and for clarity, these Terms of Service apply to all who access or use the Services, including without limitation users who contribute or author content, information, and other materials or services, registered or otherwise, in any way.

Personal Use Only

The Services are made available for Your personal use only so that individuals may practice, learn, and experiment with the Services unless You have a separate written agreement with Us. You may not "scrape" the Services without written permission by us. ab1.bot is an implementation of CasualOS (https://github.com/casual-simulation/casualos) and We grant You permission to use the Services to create, display, copy, and download content for personal, non-commercial, and commercial use provided that You not remove or alter any copyright or other proprietary notices contained in the content. If You have any questions or would like an exception please email Us at hello@casualsimulation.org, and We will respond promptly. Speaking broadly, Our desire to maximize the impact and use of the Services without restriction provided it does not adversely impact Our ability to provide Services to the general public or burden Us with additional liability.

ANY ORGANIZATION THAT WOULD LIKE TO MAKE MAKE USE OF OUR SERVICES MUST NOTIFY US AND, IF APPLICABLE, ALLOW US TO ENTER INTO A SEPARATE AGREEMENT IN ADVANCE TO ENSURE GENERAL QUALITY OF SERVICE IS NOT ADVERSELY IMPACTED.

Our Services are intended to be free of charge to the general public, governments, public institutions, educational institutions, and nonprofits so long as We have the means and funds to provide said Services. Our Services as regards commercial entities are intended to cover Our costs and ensure continued development and improvement of Our Services. If You represent an organization (even an organization We intend to provide free Services to) You must notify Us before using Our Services on behalf of Your organization so We may ensure We can support Your use case(s) without adversely impacting Our Services intended to be provided free of charge to the general public.

Any organization that would like to make commercial use of Our Services must enter into a separate agreement with Us in advance to ensure general quality of service is not adversely impacted. Please contact Us at hello@casualsimulation.com and We will promptly follow up with You.

About Accessing And Using Our Services

You are responsible for the internet connection and/or mobile charges that You may incur for accessing Our Services. You should ask Your mobile operator if You are unsure what these charges will be before You access Our Services.

We make no claims that Content (defined in Article 4) created by others utilizing the Services may be lawfully viewed or downloaded outside of the United States. Access to Services may not be legal by certain persons or in certain countries. If You access the Services from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. These Terms of Service are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

You may not "scrape" the website or Services without Our written permission.

While We try to ensure that the information on Our Services is complete and accurate, We do not warrant the accuracy and/or completeness of any information on Our Services nor do We guarantee availability of Our Services. We also make no commitment to keep the information on Our Services up to date. The material on Our Services is provided "as is" without any conditions, representations, warranties or other terms of any kind. Under no circumstances will We be liable in any way for any information on Our Services, including, but not limited to, the Services being unavailable, any errors or omissions in any information, or any losses or harm of any kind resulting from the use of any information made available via Our Services.

We have the right to withdraw or modify Our Services (in whole or in part) without notice and without liability to You from time to time:

  • for technical reasons (such as technical difficulties experienced by Us or on the internet);

  • to allow Us to improve the experience;

  • where We have legal reasons for doing so (including privacy or other legal objections to the content or conduct of Our Services);

  • because it no longer makes business sense for Us to provide the relevant part of the Services; or

  • because We have altered the Services We provide.

There may also be times when Our Services or any part of it is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

Content Permissions, Restrictions, and Licensing

You irrevocably grant Us a license as defined in this Article 4 to any and all Content or forms of media, including without limitation any and all text, software or source code, procedurally, manually, or artificially generated data, graphics, logos, tools, photographs, images, illustrations, audio and video, meshes, animations, modifications, derivatives, and any related product or service feedback, that You create with or You provide to the Services that You possess the rights to (collectively, "User Content") to the fullest extent provided by law.

YOU HEREBY GRANT US A NONEXCLUSIVE, IRREVOCABLE PERPETUAL, TRANSFERABLE, ASSIGNABLE, SUB-LICENSEABLE, ROYALTY-FREE, WORLDWIDE LICENSE TO ALL USER CONTENT TO RELIABLY AND WITHOUT FEAR OF LATER CLAIMS OF INFRINGEMENT BUILD UPON, MODIFY, INCORPORATE IN OTHER WORKS, REUSE AND REDISTRIBUTE AS FREELY AS POSSIBLE IN ANY FORM WHATSOEVER AND FOR ANY PURPOSES, INCLUDING WITHOUT LIMITATION COMMERCIAL PURPOSES WITHOUT ANY EXPECTATION OF ADDITIONAL CONSIDERATION OR COMPENSATION FOR THE CHARITABLE PURPOSE OF MAKING SUCH USER CONTENT AVAILABLE TO THE GENERAL PUBLIC ("Licensed User Content").

YOU HEREBY WAIVE ALL MORAL RIGHTS, ANY REQUIREMENT OF ATTRIBUTION, AND ALL RIGHTS PROTECTING THE EXTRACTION, DISSEMINATION, USE AND REUSE OF DATA PERTAINING TO USER CONTENT FOR ALL SUCH LICENSED USER CONTENT.

YOU HEREBY LICENSE ALL LICENSED USER CONTENT TO US TO THE GREATEST EXTENT PERMITTED BY, BUT NOT IN CONTRAVENTION OF, APPLICABLE LAW, AND FULLY, PERMANENTLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE, ABANDON, AND SURRENDERS ALL YOUR COPYRIGHT AND RELATED RIGHTS AND ASSOCIATED CLAIMS AND CAUSES OF ACTION, WHETHER NOW KNOWN OR UNKNOWN (INCLUDING EXISTING AS WELL AS FUTURE CLAIMS AND CAUSES OF ACTION), IN THE WORK (I) IN ALL TERRITORIES WORLDWIDE, (II) FOR THE MAXIMUM DURATION PROVIDED BY APPLICABLE LAW OR TREATY (INCLUDING FUTURE TIME EXTENSIONS), (III) IN ANY CURRENT OR FUTURE MEDIUM AND FOR ANY NUMBER OF COPIES, AND (IV) FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION COMMERCIAL, ADVERTISING OR PROMOTIONAL PURPOSES.

YOU HEREBY GRANT ALL LICENSED USER CONTENT TO US "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL YOU BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE LICENSED USER CONTENT OR THE USE OR OTHER DEALINGS IN THE LICENSED USER CONTENT.

We reserve the right to not make Licensed User Content available that we believe or suspect may contain malicious code or violate our Acceptable Use or Privacy Policy.

These terms apply to all Licensed User Content unless You have written agreement with Us stating otherwise. Any agreement in writing between You and Us that has different licensing terms or stipulations shall supersede this Article 4.

As stated above, by agreeing to these Terms of Service You also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all User Content You provide to the Services is governed by the Acceptable Use Policy.

If You do not agree to this Article 4 or wish or to reserve the right to create Your own intellectual property, trademarks, or file patents please review Article 9 of this agreement and You must contact Us accordingly within thirty (30) calendar days.

WE DO NOT SHARE OR SELL YOUR DATA OR LICENSED USER CONTENT INCLUDING ANONYMOUS DATA OR USER CONTENT.

We delete all User Content from Our system that is not published (as described below) at set intervals. If You would like to withhold Your future Licensed User Content or establish a separate relationship with Us please email Us at hello@casualsimulation.org.

PLEASE NOTE!

WE DELETE ALL USER CONTENT EVERY 24 HOURS AT APPROXIMATELY 3 AM EASTERN STANDARD TIME.

WE DELETE ALL USER CONTENT CREATED VIA UNIVERSALLY UNIQUE AUX BUNDLES EVERY SUNDAY AT 3 AM EASTERN STANDARD TIME.

Publishing Licensed User Content is intended for personal use only unless You have a separate written agreement with Us. We reserve the right to limit or suspend any excessive use of publishing User Content (defined at Our sole discretion) that impedes Our ability to provide the Services to as wide an audience as possible or increases Our costs beyond what We can presently support or sustain.

For more information on Your data and Licensed User Content please review Our Privacy Policy.

You must comply with the laws that apply to You in the location that You access Our Services from. IF THE LAWS APPLICABLE TO YOU RESTRICT OR PROHIBIT YOU FROM ACCESSING OUR SERVICES, YOU MUST COMPLY WITH THOSE LEGAL RESTRICTIONS OR, IF APPLICABLE, STOP ACCESSING OUR SERVICES.

You agree not to upload, communicate, transmit, or otherwise make available or any User Content:

  • that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;

  • that is or could reasonably be viewed as invasive of another's privacy;

  • which You do not have a right to make available lawfully (such as inside information, information which belongs to someone else, confidential information, or anything that is copyrighted or trademarked);

  • which infringes any intellectual property right or other proprietary right of Us or any other third party; or

  • which contains software viruses or any other computer code, files, data, or programs designed to interrupt, destroy, or limit the functionality of Our Services, anyone accessing the Services, or any computer software, hardware, or telecommunications equipment.

You agree that You will not:

  • remove, amend or modify any proprietary notices or other ownership information from Our Services;

  • interfere with or disrupt Our Services, servers or networks that support or provide Our Services;

  • attempt to defeat or overcome any of Our encryption technologies or security measures or data transmitted, processed or stored by us;

  • collect any information about or regarding other people that use Our Services, including, but not limited to any personal data or analytical information;

  • use Our Services in violation of any applicable law or regulation; or

  • use Our Services in any other way not permitted by these Terms of Service, Our Acceptable Use Policy, or Our Privacy Policy.

Your Risk In Accessing Licensed User Content

ANY USER CONTENT OR LICENSED USER CONTENT YOU ACCESS IS AT YOUR OWN RISK. WE DO NOT HAVE THE CAPABILITY TO TEST OR INSPECT ALL LICENSED USER CONTENT AND WE LICENSED USER CONTENT IN AUX BUNDLES "AS IS." YOU ACKNOWLEDGE THAT ACCESSING LICENSED USER CONTENT THAT CONTAINS MALWARE OR OTHER MALICIOUS CODE IS POSSIBLE AND INHERENTLY RISKY. YOU SHOULD ONLY ACCESS LICENSED USER CONTENT CREATED BY SOURCES YOU TRUST AND SHOULD PROCEED WITH EXTREME CAUTION.

OLX Services

The terms in this Article apply to paid or unpaid practice work offered by Casual Simulation or an OLX Partner (defined and listed below) who has already agreed to the terms in this Article ("OLX Services").

At times Casual Simulation may offer unpaid or paid practice work directly or through one of Casual Simulation's approved partners ("OLX Partners").

Current list of approved OLX Partners:

If You are below the age of 18 or are outside of the United States You may not use the OLX Services.

Any unpaid practice work You agree to undertake shall not be compensated and shall be designated as such in advance. The remaining terms of this Agreement shall still be binding. All paid work You agree to undertake shall be paid at the then-current market rate set by the request of an approved provider of OLX Services (including us).

If You desire to pay sponsor or pay to have OLX Services work performed You shall pay, in advance, Casual Simulation at the then-current market rate to facilitate paying a worker to create an iteration of software development in the form of a single version release in attempts fulfill all or only a portion of Your request (called a "Collab"). All paid Collab purchases are non-refundable and shall be paid in full before work is performed. YOU ACKNOWLEDGE AND AGREE YOU ARE PAYING FOR AN ATTEMPTED SOLUTION WHICH MAY OR MAY NOT BE FULLY OR EVEN PARTLY FUNCTIONAL, COMPLETE, OR ON PAR WITH PROFESSIONAL WORKMANSHIP. EACH COLLAB CREATED AT YOUR REQUEST SHALL BE MADE AVAILABLE "AS IS" AND YOU ASSUME ALL RISKS ASSOCIATED IN UTILIZING SUCH A COLLAB. Again, You acknowledge that a Collab may be incomplete, non-functional, in whole or part, as relates to Your desires and requests as a Collab is an iteration only, not a complete project or work. You understand and agree to the limitations of such a process and understand that You must purchase more non-refundable Collabs until either You are satisfied or You no longer wish to proceed. In no event will Your purchases be refundable for You acknowledge that You have paid for a Collaber to iterate on Your problem not to solve it.

EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE, CASUAL SIMULATION MAKES NO REPRESENTATION OR WARRANTY AS REGARDS THE OLX SERVICES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND CASUAL SIMULATION SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

The Parties agree no indemnification is provided by these Terms and agree to bear their respective liability for any acts or omissions resulting under these Terms of Service as the same shall be determined under the laws of the state of Michigan or any mutually approved settlement of these Terms of Service.

All development work for OLX Services shall be performed using CasualOS(https://github.com/casual-simulation/casualos) in whole or part and shall be considered work for hire donated to and fully owned by Casual Simulation Inc. (a 501(c)(3) nonprofit). You agree all work will be original and not infringe on any patent, copyright or other proprietary right of any third person. We make all such work through the OLX Services publicly available for commercial or noncommercial use under a MIT License that allows the general public (including You) to use all Collabs or other work product created without any restriction other than described in the MIT License (https://opensource.org/licenses/MIT). To clarify, this allows everyone to use the work You create with the aim of creating greater opportunities for all of humanity.

You waive all moral rights to such work and irrevocably grant such rights to Casual Simulation Inc. to the fullest extent provided by law. Nonetheless, We grant You an irrevocable, non-exclusive right to discuss or otherwise create content describing Your involvement in the creation of such work. You agree to these OLX Terms and understand that any other arrangement must be separately negotiated and agreed upon by all Parties in writing.

As regards liability, in no event shall a Parties' liability exceed the fees accepted by a Party in performance of the OLX Services.

If You access or use OLX Services You are responsible for the internet connection and/or mobile charges that You may incur. You should ask Your mobile operator if You are unsure what these charges will be before You access OLX Services.

We make no claims that any content created may be lawfully viewed or downloaded outside of the United States. Access to OLX Services may not be legal by certain persons or in certain countries. If You access the OLX Services from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. These Terms of Service are void where prohibited by law, and the right to access the OLX Services is revoked in such jurisdictions.

You may not "scrape" the website or OLX Services without Our written permission.

While We try to ensure that the information regarding OLX Services is complete and accurate, We do not warrant the accuracy and/or completeness of any information for OLX Services nor do We guarantee availability of OLX Services. We also make no commitment to keep the information on Our OLX Services up to date. The material regarding OLX Services is provided "as is" without any conditions, representations, warranties or other terms of any kind. Under no circumstances will We be liable in any way for any information pertaining to OLX Services, including, but not limited to, the OLX Services being unavailable, any errors or omissions in any information, or any losses or harm of any kind resulting from the use of any information made available via OLX Services.

We have the right to withdraw or modify OLX Services (in whole or in part) without notice and without liability to You from time to time:

  • for technical reasons (such as technical difficulties experienced by Us or on the internet);

  • to allow Us to improve the experience;

  • where We have legal reasons for doing so (including privacy or other legal objections to the content or conduct of OLX Services);

  • because it no longer makes business sense for Us to provide a relevant part of OLX Services; or

  • because We have altered the OLX Services We provide.

There may also be times when OLX Services or any part of it is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

Warranty Disclaimer

THE SERVICES AND THE CONTENT ON THE SERVICES THAT IS MADE AVAILABLE TO YOU ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SERVICES. ANY MATERIAL, CONTENT, USER CONTENT, OR LICENSED USER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES INCLUDING ANY LEGAL LIABILITY YOU MAY ASSUME BY CREATING, DOWNLOADING, OR OTHERWISE INTERACTING WITH USER CONTENT OR LICENSED USER CONTENT TO THE FULLEST EXTENT BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

Limitation of Liability

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OR (VI) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

You agree to defend, indemnify, and hold harmless us, Our officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Services; or (ii) Your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and Your use of the Services. For clarification, You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by You.

Intellectual Property

EXCEPT AS PERTAINING TO LICENSED USER CONTENT, YOU ACKNOWLEDGE THAT ALL COPYRIGHT, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS IN AND RELATING TO OUR SERVICES ARE OWNED BY OR LICENSED TO US UNLESS YOU HAVE A SEPARATE AGREEMENT WITH US IN WRITING STATING OTHERWISE. YOU SHALL NOT TAKE ANY ACTION TO JEOPARDIZE, LIMIT, OR INTERFERE WITH ANY OF OUR INTELLECTUAL PROPERTY RIGHTS NOW OR IN THE FUTURE, INCLUDING WITHOUT LIMITATION TRADEMARKING, PATENTING, OR CREATING ANY WORK OR INTELLECTUAL PROPERTY THAT WOULD PRECLUDE US OR OTHERS FROM FULLY UTILIZING THE SERVICES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS YOU MUST CONTACT US IN WRITING WITH THIRTY (30) CALENDAR DAYS OF USING THE SERVICES AT hello@casualsimulation.org.

While You are in compliance with these terms, Our Acceptable Use Policy, and Our Privacy Policy, We grant You a non-exclusive, non-transferable, personal, revocable limited license to access and use Our Services, in each case provided that such use is in accordance with these terms. You agree not to use Our Services, or any elements thereof, for anything else.

We appreciate Your feedback and suggestions. Our goal is to provide high quality products and services. Our ability to freely evaluate and, if appropriate, implement ideas and information improves the online experience for all users. Therefore, any information, feedback, data, questions, comments, suggestions, or any other material or proposals, submitted to us, whether solicited or unsolicited, regarding its services or web site shall be deemed non-confidential unless mutually agreed between Us and You in writing. By providing any such material, You hereby grant Us an unrestricted, irrevocable, royalty-free and perpetual right to freely, reproduce, use, disclose, modify, perform, publish, translate, create derivative works from, distribute and display any such information You send us, without limitation, for any and all commercial and non-commercial purposes. We are free to use any ideas, concepts or techniques contained in this response for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such ideas, concepts or techniques.

Privacy

We will only collect, process, use, and share Your personal information in accordance with Our Privacy Policy and as set out in these Terms of Service. IF YOU DO NOT AGREE TO Our PRIVACY POLICY, YOU SHOULD NOT CONTINUE TO ACCESS Our SERVICES.

We may use cookies to store certain types of information each time You use Our Services. They may for example be used to help Us recognize what kind of device You are using. You can find out more about how We use cookies by reading Our Privacy Policy.

Mandatory Arbitration

YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND US OR OUR AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND US SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN ONE HUNDRED EIGHTY (180) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION UNDER JAMS, INC.'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF MICHIGAN. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, You may bring Your claim in Your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on Your own behalf. Neither You nor We will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person's account, if We are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, INC. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either We or You can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services must be filed within one (1) year after such claim of action arose or be forever banned.

You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between You and Us will be conducted in Kent County, Grand Rapids, Michigan, and that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature.

If You don't want to be bound by the arbitration and class-action waiver provisions in this section, You must notify Us in writing within thirty (30) days of the date that You first accept these Terms of Service (unless a longer period is required by applicable law), and then You must litigate any disputes against Us in accordance with the "Assignment and Jurisdiction" section below.

Your written notification must be mailed to Us at Casual Simulation Inc., Attn: Legal Department, 1740 44th ST SW STE 5 Wyoming, MI 49519 or by email notification at hello@casualsimulation.org. If You do not notify Us in accordance with this paragraph, You agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications We make to these Terms of Service after the date of Your first acceptance. Such notification must include: (i) Your name; (ii) Your email address and mailing address; and (iii) a statement that You do not wish to resolve disputes with Us through arbitration or waive Your ability to participate in a class action. If We make any changes to this section (other than a change to the address at which We will receive notices or rejections of future changes to this section), You may reject any such change by sending Us written notice, within thirty (30) days of the change, to the address set out in the "Notices" section. It is not necessary to send Us a rejection of a future change to this section if You had properly opted out within the first thirty (30) days after You first accepted the provisions in this section. If You have not properly opted out, then by rejecting a future change, You are agreeing that You will arbitrate any dispute between Us in accordance with the language of this section, as modified by any changes You did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if You previously entered into other arbitration or dispute resolution agreements with Us or enter into other such agreements in the future, Your notification that You are opting out of the provisions in this section shall not affect the other arbitration agreements between You and us.

General Terms

If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible Our original intentions and the remainder of these terms shall remain valid and enforceable.

Our failure to exercise or enforce any of Our rights under these terms does not waive Our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and You do not have any authority of any kind to bind Us in any respect whatsoever.

The sections entitled "About These Terms", "Personal Use Only ", "About Accessing And Using Our Services", "User Conduct and Content", "Your Breach of These Terms", "Warranty Disclaimer ", "Limitation of Liability", "Indemnity", "Intellectual Property", "Privacy", "Mandatory Arbitration", and "General Terms" shall survive any termination or expiration of these Terms of Service.

These Terms of Service shall be governed by the laws of the Kent County of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between You and Us that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Kent County, Michigan. These Terms of Service, together with Our Privacy Policy, constitute the entire agreement between You and Us concerning Your access to and use of the Services.