Terms of Service for NeverFear
The following 'Terms of Service' ('Terms') are entered into by and between Genuine LLC, with its principal place of business located at [Company Address], and the users ('Users') of the mobile game 'NeverFear,' available on the Google Play Store. These Terms govern the use and access of 'NeverFear' and associated services provided by Genuine LLC. The effective date of these Terms is [Effective Date]. This document shall remain in effect until terminated by either party as outlined herein.
WHEREAS, Genuine LLC has developed 'NeverFear,' which includes ad integrations using the AdMob SDK and collects user performance metrics data; and
WHEREAS, 'NeverFear' is available to users worldwide, including children under certain age restrictions, and requires compliance with international privacy and advertising laws, particularly GDPR, CCPA/CPRA, and COPPA; and
WHEREAS, Genuine LLC wishes to be transparent about data collection practices and ensure user consent regarding advertisements in compliance with applicable laws; and
WHEREAS, Genuine LLC agrees to adhere to U.S. law and relevant EU requirements in providing and operating 'NeverFear,' and aims to resolve any disputes through arbitration; and
WHEREAS, users may contact Genuine LLC via email at contact@genuineresult.com for complaints or disputes related to the Terms.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties accept and agree to be bound by these Terms.
By accessing or using 'NeverFear,' including any of the services provided through the game (collectively, 'Services'), User acknowledges and agrees to be bound by these Terms of Service ('Terms'), as they may be updated from time to time, from the Effective Date. If User does not agree to these Terms, they must cease using the Services immediately. Continued access or usage of 'NeverFear' after any changes to the Terms constitute acceptance of those changes. It is User's responsibility to review these Terms periodically for any modifications. Genuine LLC reserves the right to modify these Terms at its sole discretion, and such modifications shall become effective immediately upon posting. By accepting these Terms, User represents and warrants that they have the legal capacity to enter into this agreement and comply with the obligations specified herein.
To use 'NeverFear,' Users must meet the following eligibility and age requirements: a. Minimum Age: Users must be at least 13 years old to access and use 'NeverFear.' If Users are between 13 and 18 years of age, they may only use 'NeverFear' with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. b. Parental Consent: For Users under the age of 18 but at least 13 years old, a parent or legal guardian must provide verifiable consent for their child to use 'NeverFear.' It is the responsibility of the parent or legal guardian to monitor the User's activity and ensure compliance with these Terms. c. Children Under 13: 'NeverFear' is not intended for children under the age of 13, and Genuine LLC does not knowingly collect personal information from children under the age of 13. In accordance with the Children's Online Privacy Protection Act (COPPA), if we become aware that we have collected personal data from a child under the age of 13 without verifiable parental consent, we will take steps to delete that information as soon as possible. d. International Compliance: Users accessing 'NeverFear' from locations outside the United States must ensure compliance with the age requirements and parental consent obligations under the privacy laws of their respective jurisdictions. By accessing or using 'NeverFear,' Users represent and warrant that they meet the applicable age requirements and have obtained all necessary consents from parents or legal guardians, if required.
Upon creating an account for using 'NeverFear,' Users are responsible for maintaining the confidentiality of their account information, including passwords and any other credentials used to access 'NeverFear.' Users agree to notify Genuine LLC immediately of any unauthorized use of their account or any other breach of security. Genuine LLC will not be liable for any loss or damage arising from Users' failure to comply with these security obligations. Users must ensure that all information provided during the account creation process is accurate, complete, and up-to-date, and agree to update such information promptly to maintain its accuracy. Users should not share their account credentials with others, and any activity conducted through their account will be attributed to the User, regardless of whether the User personally conducted such activity. Genuine LLC reserves the right to suspend or terminate accounts that it reasonably believes have been compromised or are being used inappropriately, in contravention of these Terms or applicable law.
Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use NeverFear strictly in accordance with these Terms. Use of the game is limited to personal and non-commercial purposes. Users agree to use the game in a manner that is lawful and solely intended for recreation. The following conduct is explicitly prohibited within and in connection with NeverFear:
a. Violating any applicable laws, rules, or regulations in connection with the use of the game.
b. Attempting to gain unauthorized access to other users' accounts, networks, or systems connected to NeverFear.
c. Exploiting, distributing, or publicly informing other members of any Not permitting exploits or cheats.
d. Transmitting harmful software, including but not limited to viruses, worms, time bombs, Trojan horses, and other malicious or harmful files.
e. Harassing, bullying, threatening, or abusing other users, or engaging in any behavior that is offensive, harmful, or detrimental to other users.
f. Impersonating another person, including any employee or representative of Genuine LLC.
g. Using automated scripts or other technology to collect information from or otherwise interact with NeverFear.
h. Engaging in any activity that could damage, overburden, or impair the functioning of the game.
i. Violating the privacy or intellectual property rights of Genuine LLC or any third party.
j. Any other conduct that Genuine LLC deems in its sole discretion to be in violation of the spirit or intent of NeverFear.
Genuine LLC owns all rights, titles, and interests in and to NeverFear, including but not limited to all software, graphics, user interfaces, scripts, trademarks, logos, sounds, music, and other intellectual property related to NeverFear (collectively, 'NeverFear Content'). Genuine LLC grants Users a limited, non-exclusive, non-transferable, revocable license to use NeverFear and NeverFear Content solely for personal and non-commercial purposes, subject to these Terms. This license does not convey any rights of ownership of any intellectual property to Users. Users are prohibited from copying, modifying, distributing, selling, or leasing any part of NeverFear or NeverFear Content, nor may they reverse engineer or attempt to extract the source code of the software, unless laws prohibit these restrictions or Users have obtained Genuine LLC's prior written permission. Any unauthorized use of NeverFear Content may result in termination of the license granted to the User and may be subject to prosecution under intellectual property laws.
Genuine LLC integrates advertisements in 'NeverFear' using the AdMob SDK. The AdMob SDK is used to deliver targeted advertisements based on user interactions and preferences. To facilitate this, 'NeverFear' may collect performance metrics data. Performance metrics data encompasses various types of non-personal data, including but not limited to:
a. User interaction data: This includes information on how users interact with the game interface, such as click-through rates and game engagement levels.
b. Device information: This covers data regarding the user’s device, including device type, operating system, unique device identifiers, and network information.
c. Usage data: This includes information on the frequency of game usage, session lengths, and in-game user behavior patterns.
d. Advertisement performance: This includes data on ad impressions, ad clicks, and user engagement with the advertisements showcased within 'NeverFear'.
Genuine LLC values user privacy and ensures that any personal data collected is used in compliance with applicable laws and regulations. No personally identifiable information will be shared with third-party advertisers without user consent. By using 'NeverFear,' users agree to the collection and use of performance metrics data for the purpose of ad integration and game improvement. Detailed information on how personal data is handled and stored can be found in the Privacy Policy.
Users consent to the display of advertisements within the 'NeverFear' mobile game as described herein. Genuine LLC follows procedures to obtain, manage, and document user consent for displaying personalized and non-personalized advertisements, ensuring compliance with applicable laws, including GDPR, CCPA/CPRA, and other international privacy regulations. The procedures include the following steps:
a. Initial Consent Notification: Upon first access to 'NeverFear,' users will be presented with a clear and concise consent form detailing the types of advertisements that may be displayed, the rationale for ad displays, and the data that will be collected for these purposes. Users will have the option to accept or decline personalized advertisements.
b. Ongoing Consent Management: Users may revisit and adjust their advertisement preferences at any time through the settings menu within the 'NeverFear' application. Options will include enabling or disabling personalized advertisements, opting out of data collection practices, and reviewing the data collected.
c. Third-Party Advertiser Compliance: Genuine LLC ensures that third-party advertisers using the AdMob SDK adhere to the same standards of user consent and data protection. Genuine LLC will not share Personal Data with advertisers unless explicit user consent has been obtained.
d. User Withdrawal of Consent: Users have the right to withdraw consent for advertisement displays at any time. Upon withdrawal, Genuine LLC will cease the display of personalized advertisements and halt related data collection immediately.
e. Data Minimization and Purpose Limitation: Genuine LLC commits to collecting and utilizing only the minimum amount of data necessary for effective ad display and ensuring that this data is used exclusively for the purposes outlined in the consent form.
By granting consent, users acknowledge that they have read and understood the information provided, and agree to the advertisement practices implemented by Genuine LLC in accordance with applicable laws. Users may contact Genuine LLC at contact@genuineresult.com for further details or to lodge complaints regarding advertisement practices.
We are committed to protecting the privacy of children and ensuring compliance with the Children’s Online Privacy Protection Act (COPPA). Users under the age of 13 (hereinafter referred to as 'children') are not permitted to create accounts or provide personal information through 'NeverFear' without verifiable parental consent.
For those users who do not meet minimum age requirements, as defined in Clause 2: Eligibility & Age Requirements, we take the following measures:
a. We do not knowingly collect, use, or disclose personal information from children.
b. If it comes to our attention that we have inadvertently collected personal information from a child without parental consent, we will delete such information from our records promptly.
c. We limit the delivery of advertisements to children to those that are appropriate and in compliance with COPPA regulations.
d. We ensure that third-party service providers, including those involved in ad integration and data collection, comply with COPPA requirements.
e. Parents can review and delete their child's personal data or revoke consent at any time by contacting us at contact@genuineresult.com.
We encourage parents and guardians to monitor their children’s use of mobile games and provide guidance to ensure a safe online experience.
Genuine LLC makes 'NeverFear' accessible to users worldwide. As such, users agree to comply with all applicable local, state, national, and international laws, regulations, and guidelines relevant to their use of 'NeverFear,' including but not limited to data protection, privacy, and consumer rights laws. This includes compliance with GDPR for users located in the European Union, CCPA/CPRA for users located in California, and COPPA for users under the age of 13. Genuine LLC commits to implementing measures necessary to ensure compliance with these regulations and to protect user data and privacy in accordance with industry standards.
Users accessing 'NeverFear' from jurisdictions outside the United States are responsible for determining their legal compliance obligations and for complying with all such laws and regulations. Users agree that they are solely responsible for actions that are in breach of any laws or regulations applicable to their use of 'NeverFear.'
Genuine LLC reserves the right to restrict, suspend, or terminate access to 'NeverFear' in any jurisdiction where such actions are necessitated by legal requirements or regulatory conditions. By using 'NeverFear,' users consent to the transfer, storage, and processing of their data in the United States and other jurisdictions that may not have the same data protection laws as their home country, while Genuine LLC endeavors to ensure that adequate data protection measures are in place regardless of the jurisdiction.
Within the 'NeverFear' mobile game, we may utilize third-party services and links to enhance our offerings. This includes, but is not limited to, services provided by the AdMob SDK for advertising purposes. Users should be aware that integration with third-party services may involve the sharing of some user data, as detailed in Clause 6: Ad Integration and Data Collection. Genuine LLC does not control and is not responsible for third-party content or services, and users access these services and links at their own risk. By using 'NeverFear,' you agree to the terms and conditions of these third-party services, and acknowledge that Genuine LLC is not liable for any loss or damage resulting from their use.
Genuine LLC reserves the right to suspend or terminate a User’s access to 'NeverFear' or the associated agreement under the following circumstances:
a. Violation of any provisions within these Terms or applicable laws.
b. Engagement in fraudulent, harmful, or abusive activities within the game.
c. User requests for account termination.
d. Genuine LLC's decision to discontinue 'NeverFear' service globally or in certain regions.
e. Required compliance with legal obligations or orders from authorities.
Upon suspension or termination, the affected User will be notified via email with information on the reason for suspension or termination. Users retain the right to contact Genuine LLC within thirty (30) days to appeal the decision or request the restoration of their access. Genuine LLC will review such requests and make the final determination. Upon termination, all data related to the User's account will be deleted as per the privacy policies outlined in Clause 6: Ad Integration and Data Collection and Clause 8: Children’s Privacy.
To the fullest extent permitted by applicable law, Genuine LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers make no warranties, express or implied, concerning the 'NeverFear' mobile game, including but not limited to warranties of accuracy, reliability, merchantability, fitness for a particular purpose, non-infringement, or that 'NeverFear' will be error-free or available continuously. Users acknowledge and agree that access and use of 'NeverFear' is at their own risk. Genuine LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Genuine LLC has been advised of the possibility of such damages), resulting from: a) the use or inability to use 'NeverFear'; b) any unauthorized access to or alteration of your transmissions or data; c) any material or data sent or received or not sent or received; d) any transactions entered into through 'NeverFear'; e) any claims arising from the use of 'NeverFear'; or f) any other matter relating to 'NeverFear'. Genuine LLC’s total liability to the user for any claim arising from or related to 'NeverFear' shall not exceed the amounts paid by the user to Genuine LLC in the twelve months preceding the claim. By using 'NeverFear', users affirm that they understand and agree to these limitations of liability and disclaimers.
The User agrees to indemnify, defend, and hold harmless Genuine LLC and its affiliates, directors, officers, employees, and agents 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:
a. The User's use of and access to 'NeverFear';
b. The User's violation of any term of these Terms;
c. The User's violation of any third-party right, including without limitation any copyright, property, or privacy right; or
d. Any claim that the User's content caused damage to a third party.
This indemnification obligation will survive the termination or expiration of these Terms and your use of 'NeverFear'. Genuine LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Genuine LLC in asserting any available defenses.
These Terms, and any disputes arising out of or related to the use of 'NeverFear' or services provided by Genuine LLC, shall be governed by and construed in accordance with the laws of the United States, excluding its conflict of law principles. By using 'NeverFear,' Users agree that the primary governing law for the interpretation, enforcement, and any legal actions or proceedings arising from these Terms will be U.S. law, subject to any Applicable Laws defined elsewhere in this document. This choice of law is intended to provide clarity and fairness to Users, ensuring legal consistency and predictability in accordance with established U.S. legal standards.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of 'NeverFear' (collectively, 'Disputes'), the parties agree to resolve such Disputes through binding arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or another applicable arbitration body agreed upon by both parties, and the arbitration award may be entered in any court having jurisdiction thereof.
The parties understand that by agreeing to arbitration, they waive any right they may have to a trial by jury or judge. Additionally, any Dispute brought by either party must be brought in the individual capacity of the party and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ('Class Action Waiver'). The arbitrator shall have no authority to consider or adjudicate any form of a class, collective, representative, multiple plaintiff, or similar proceeding.
This Dispute Resolution and Class Action Waiver clause shall be governed by and interpreted in accordance with Clause 14: Governing Law of these Terms.
Genuine LLC reserves the right to modify, amend, or update these Terms at any time. In the event of significant changes, Genuine LLC will provide users with appropriate notifications, which may include, but are not limited to, notifications via email, messaging within the NeverFear app, or updates posted on the Google Play Store page. Modifications will be made available in a prominent manner to ensure user awareness. Such changes will become effective no fewer than thirty (30) days following the user notification. Continued use of NeverFear after the effective date of any amendments indicates acceptance of the revised Terms.
For any notices, complaints, or disputes related to your use of 'NeverFear', you may contact Genuine LLC through the following official contact details:
a. Email: You can reach out to Genuine LLC at contact@genuineresult.com for any queries, concerns, complaints, or notices.
b. Postal Mail: Please address your correspondence to the following postal address:
Genuine LLC
[Company Address]
[City, State, ZIP Code]
c. Online Support: Users may also use the online support form available on our official website: [Website URL].
Genuine LLC is committed to responding to all user inquiries in a timely and efficient manner, adhering to all applicable laws and regulations. Please ensure that any communications include pertinent details related to your inquiry or complaint to expedite the resolution process.
a. Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
b. Waiver: No waiver of any term or condition of these Terms by Genuine LLC shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
c. Assignment: Users may not assign or transfer any rights or obligations under these Terms without the prior written consent of Genuine LLC. Genuine LLC may assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party at its discretion without requiring the User's consent.
d. Entire Agreement: These Terms, along with the referenced documents, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior communications, understandings, and agreements.
e. Amendment: Genuine LLC reserves the right to amend these Terms at any time in accordance with Clause 16 'Changes to the Terms.' Users' continued use of 'NeverFear' after such amendments will constitute acceptance of the revised Terms.
f. Headings: The headings used in these Terms are for convenience only and shall not affect the interpretation or legal effect of any provision.
g. No Third-Party Beneficiaries: These Terms are intended solely for the benefit of the parties hereto and their respective successors and assigns, and they do not create any rights in favor of any third party.
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