Terms & Conditions

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Greetings and welcome to the Be Kind Universe! These Terms and Conditions outline the terms and conditions for your utilization of products, content, and services provided by Be Kind Universe and its subsidiaries (referred to as "BKU"). These offerings include game software, associated updates and upgrades, as well as all online and mobile services, platforms, websites, and live events affiliated with or hosted by BKU (collectively known as "BKU Services"). These Terms and Conditions pertain specifically to your interaction with BKU Services.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START USING BKU SERVICES.  BY USING BKU SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [PRIVACY POLICY URL], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE BKU SERVICES.

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of BKU Services thereafter.

Your continued use of BKU Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  

 

BKU Account

 

To engage in BKU games, a BKU Account is required. To establish one, you must meet the minimum age requirement, and if you're a minor, your parents must review and consent to these terms. BKU reserves the right to suspend or terminate your account for violations of these Terms and Conditions.  To establish a BKU Account, you must possess a valid email address and provide truthful information. Eligibility for registration necessitates qualification to use the specific BKU Service you're registering for, and residency in a country where the utilization of BKU Services is authorized.  You must be at least 13 years of age (or the minimum age of your country of residence) to create a BKU Account. If your age is between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review and agree to these Terms and Conditions together. Parents and guardians are responsible for the acts of children under 18 years of age when using BKU Services. You are responsible for the activity on your BKU Account. Your BKU Account may be suspended or terminated if someone else uses it to engage in activity that violates these Terms and Conditions. You may cancel your BKU Account or a subscription to a BKU Service at any time by contacting BKU’s Customer Service Department at [INSERT LINK]. 

 

Access and Account Security

We reserve the right to withdraw or amend BKU Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of BKU Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of BKU Services or the entire BKU Services.

You are responsible for both:

• Making all arrangements necessary for you to have access to BKU Services.

• Ensuring that all persons who access BKU Services through your internet connection are aware of these Terms and Conditions and comply with them.

To access BKU Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of BKU Services that all the information you provide on BKU Services is correct, current, and complete. You agree that all information you provide to register with this BKU Services or otherwise, including, but not limited to, through the use of any interactive features on BKU Services, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to BKU Services or portions of it using information. You agree to notify us immediately of any unauthorized access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

End User License

We grant you a limited, non-exclusive, and nontransferable license to (i) download, install, and use BKU Services for your personal, non-commercial use strictly in accordance with these Terms and Conditions; and (ii) access, stream, download, and use BKU Services strictly in accordance with these Terms and Conditions.

License Restrictions 

Except as may be expressly permitted by applicable law or expressly authorized by BKU, you shall not (a) copy BKU Services, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of BKU Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of BKU Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from BKU Services, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available BKU Services, or any features or functionality of BKU Services, to any third party for any reason, including by making BKU Services available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access BKU Services for any purpose, including monitoring or copying any of the material on BKU Services; (g) use any manual process to monitor or copy any of the material on BKU Services, or for any other purpose not expressly authorized in these Terms and Conditions, without BKU’s prior written consent; (h) frame, mirror, or otherwise incorporate BKU Services or any portion of BKU Services as part of any other mobile BKU Services, website, or service; (i) use BKU Services in any manner that could disable, overburden, damage, or impair BKU Services or interfere with any other party's use of BKU Services; or (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting BKU Services.

You acknowledge and agree that BKU Services is provided under license, and not sold, to you. You do not acquire any ownership interest in BKU Services under these Terms and Conditions, or any other rights thereto other than to use BKU Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms and Conditions. BKU and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to BKU Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions.

Content and Services

BKU Services may provide you with access to products and services, and certain contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Content and Services”). Your access to and use of such Content and Services are governed by these Terms and Conditions and Privacy Policy located at [PRIVACY POLICY LINK], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of these Terms and Conditions and Privacy Policy, and your failure to do so may restrict you from accessing or using certain of BKU Services' features and functionality. Any violation of such Terms and Conditions will also be deemed a violation of these Terms and Conditions.

The Content and Services are based in the state of Arizona in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

The Content and Services are owned by BKU, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Availability of BKU Services and Updates

We do not guarantee that any BKU Service, or Content and Services will be available at all times, in all locations, or at any given time or that we will continue to offer a particular BKU Service, or Content and Services for any particular length of time. BKU does not guarantee that BKU Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

BKU may from time to time in its sole discretion develop and provide BKU Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that BKU has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:

1. BKU Services will automatically download and install all available Updates; or

2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that BKU Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of BKU Services and be subject to all terms and conditions of these Terms and Conditions.

BKU may also take actions on your BKU Account without notice to you to protect you or BKU, such as preventing unauthorized access, resetting BKU Account passwords, suspending BKU Account access, deleting data or removing BKU Accounts from BKU Services. Your availability to BKU Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described below.

Third Party Materials

BKU Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that BKU is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BKU does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Rules of Conduct

When you access or use a BKU Service, you agree that you will not:

• Violate any law, regulation, or rule.

• Disrupt or interfere with any BKU Service, server, or network supporting it, including hacking or cracking into BKU Services.

• Utilize software or programs that harm, disrupt, or interfere with BKU Services or others' computers, such as denial of service attacks, spamming, hacking, or uploading malicious software.

• Interrupt another player's enjoyment of BKU Services.

• Engage in unwelcome behavior, including harassment, threats, bullying, or spamming towards other players or BKU staff.

• Distribute illegal content or content without proper permission.

• Share inappropriate, abusive, hateful, harassing, defamatory, threatening, or explicit material.

• Use BKU Services for purposes other than personal communication.

• Pretend to be a BKU employee or representative.

• Misuse in-game support or complaint features or provide false reports to BKU staff.

• Attempt to acquire passwords or private information from others.

• Misuse payment methods or refund systems for fraudulent purposes.

• Employ automated devices to access, abuse, or manipulate BKU Services.

• Modify BKU Services without explicit authorization.

• Use unauthorized software or tools to gain unfair advantages or cheat.

• Facilitate cheating or other unfair behavior.

• Access BKU Services through unauthorized means or obfuscate your network connection or location.

• Utilize BKU Services in countries where they are prohibited by export control laws.

• Engage in activities that disrupt the fair and respectful gaming environment.

• Misuse publicly available user information for unrelated purposes.

• Encourage or participate in any of the aforementioned prohibited activities.

If you or someone using your BKU Account violates these rules and fails to remedy this violation after a warning, BKU may take action against you, including revoking access to certain or all BKU Services, or terminating your BKU Account. When practical, BKU will notify you of the action it will take in response to violations of these rules or breach of these Terms and Conditions.

Specific BKU Services may post additional rules that apply to your conduct on those services.

If you encounter another user who is violating any of these rules, please report this activity to BKU using the "Help" or "Report Abuse" functions in the relevant BKU Service, if available, or contact Customer Support at [INSERT URL]

BKU may, in its discretion, monitor or record online activity on BKU Services and may remove any Content and Services from any BKU Service at its discretion. 

Your use of BKU Services is subject to BKU’s Privacy and Cookie Policy at [INSERT URL] which is incorporated by reference into these Terms and Conditions.

Termination and Other Sanctions

These Terms and Conditions is effective until terminated by you or BKU. BKU may terminate your access and use of any BKU Services or your BKU Account if BKU determines that you have violated these Terms and Conditions or that there has been otherwise unlawful, improper or fraudulent use of BKU Services on your BKU Account. When practical, BKU will notify you of the termination. You may lose your username of a BKU Account termination. If you have more than one BKU Account, depending on the type of violation or misuse, BKU may terminate all of your BKU Accounts. If your BKU Account is terminated, you will not have access to your BKU Account and may be barred from accessing or using any BKU Service again. Upon termination, your license under these Terms and Conditions also shall terminate.

Instead of termination and prior to any termination, BKU may issue you a warning, suspend or alter your access to a particular BKU Service or your BKU Account, remove or delete any Content and Services which is in violation with these Terms and Conditions, or ban your device or machine from accessing specific BKU Services. If BKU takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no amounts will be credited to you or converted to cash or other forms of reimbursement.

If you believe that any action has been taken against your Account or device in error, please contact Customer Support at [INSERT URL].

If you terminate these Terms and Conditions, you agree to cease all use of BKU Services.

Use of Data

When utilizing any BKU Service, BKU may gather and retain data from your computer or device, encompassing details about your hardware, installed software, operating system (such as IP Address and device ID), BKU Service usage, gameplay statistics, system interactions, and peripheral hardware. If you engage with a BKU Service offline, this data will be stored on your device and transmitted to BKU upon your device reconnecting to the Internet. BKU employs this information to manage its operations, enhance its products and services, interact with you, provide software updates, deliver content dynamically, offer software support, enforce these Terms and Conditions, and address bugs or other elements to enrich your experience. Your data is collected, used, stored and transmitted by BKU in the United States, in accordance with BKU’S Privacy Policy at [INSERT LINK].

Warranties; Limitation of Liability; Indemnification

BKU SERVICES IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BKU, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO BKU SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BKU PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT BKU SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BKU OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE BKU SERVICES OR THE CONTENT AND SERVICES FOR: (i) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (ii) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR BKU WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

You agree to indemnify, defend, and hold harmless BKU and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of BKU Services or your breach of these Terms and Conditions.

Entire Agreement; Waiver

These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and BKU with respect to BKU Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to BKU Services.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, the terms of these Terms and Conditions shall govern.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR BKU SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Export Regulations

BKU Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release BKU Services to, or make BKU Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making BKU Services available outside the US.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. 

Changes to these Terms and Conditions

BKU may modify these Terms and Conditions from time to time, so please review it frequently. For BKU players who accepted a previous version of these Terms and Conditions, the revisions will become effective 30 days after posting at [INSERT URL] Your continued use of BKU Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to these Terms and Conditions and you decline to do so, you may not be able to continue to use the BKU Service provided.

Dispute Resolutions by Binding Arbitration

THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THESE TERMS AND CONDITIONS. BY ACCEPTING THE TERMS OF THESE TERMS AND CONDITIONS, YOU AND BKU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

This Section is an agreement between you and BKU, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. These Terms and Conditions to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section and any arbitration carried out under this Section. This Section shall be interpreted broadly and shall survive termination of these Terms and Conditions.

All disputes, claims, or controversies arising from or pertaining to these Terms and Conditions, any BKU Service, or the relationship between you and BKU (collectively referred to as "Disputes"), shall be resolved solely through binding arbitration. Exceptions to this provision include disputes concerning the infringement, protection, or validity of trade secrets, copyright, trademark, or patent rights of you, BKU, or BKU's licensors; disputes to enforce statutory consumer rights under Australian consumer law if you reside in Australia; and disputes brought in small claims court.

You and BKU shall first attempt to resolve any Dispute informally for at least 30 days prior to initiating arbitration. The informal negotiations commence upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. BKU will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Be Kind Universe, 7144 E. Stetson Drive, Suite 300, Scottsdale, Arizona 85251.

If you and BKU cannot resolve a Dispute informally, you or BKU may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules ("AAA Consumer Rules"), which are available at www.adr.org or by calling 1-800-778-7879, with the following modifications: (i) The parties may bring any dispositive motion or motions during the course of the proceedings; (ii) The arbitrator shall make a decision in writing, which will include the findings and conclusions on which the decision is based; (iii) The arbitrator has the authority to issue any relief allowed by applicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis; (iv) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and BKU may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

YOU AND BKU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. The arbitrator shall not consolidate another person's claims with your claims and shall not preside over any type of representative or class proceeding. 

If you reside in the United States, arbitration will occur in the county of your residence. For individuals residing outside the United States, arbitration proceedings will commence in the County of Maricopa, State of Arizona, United States of America. Both you and BKU consent to the personal jurisdiction of that court to enforce arbitration, suspend proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award. 

Severability

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.