AGREEMENT

SYBIRATHIA LLC (“SYBIRATHIA,” “we,” “us,” and “our”) thanks you for your interest in accessing and using the SYBIRATHIA websites listed here, including, without limitation, the forums, chat rooms, accounts, apps, APIs, materials, information and/or products and services available thereon (collectively, the “SYBIRATHIA Website”), as well as the games, game launchers, and other game materials and services made available or offered through the SYBIRATHIA Website (collectively, with the SYBIRATHIA LLC Website, the “SYBIRATHIA LLC”).

Your use of any SYBIRATHIA Game(s) is governed by these Terms of Service (the “SYBIRATHIA Terms of Service”), the SYBIRATHIA LLC Privacy Policy (the “SYBIRATHIA LLC Privacy Policy”) and the SYBIRATHIA LLC End User License Agreement  (EULA) for each SYBIRATHIA LLC Game that you play (the “SYBIRATHIA LLC End User License Agreement”).

 

Please carefully read the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and applicable SYBIRATHIA LLC End User License Agreement(s). By accessing and/or using any SYBIRATHIA LLC Game(s), you agree to be bound by all of the terms and conditions of the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and applicable SYBIRATHIA LLC End User License Agreement(s).

 

If you do not agree to all of the terms and conditions of the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and applicable SYBIRATHIA LLC End User License Agreement(s), you may not access and/or use any of the Daybreak Games.

You must be at least 18 years of age or have reached the age of majority under the applicable laws of the place where you reside or, if you are not, you must obtain parental or guardian consent to access and/or use any of the SYBIRATHIA LLC Games. By accessing and/or using any of the SYBIRATHIA LLC Games, you affirm that you are at least 18 years of age or have reached the age of majority under the applicable laws of the place where you reside or, if you are not, that you have obtained parental or guardian consent to enter into the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and SYBIRATHIA LLC End User License Agreement (EULA).

 

If you are not of legal age to enter into the SYBIRATHIA LLC Terms of Service, THE SYBIRATHIA LLC Privacy Policy and SYBIRATHIA LLC End User License Agreement or have not obtained parental or guardian consent to enter into the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and SYBIRATHIA LLC End User License Agreement, then you may not access and/or use any of the SYBIRATHIA LLC Games and/or any part thereof.

The SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and SYBIRATHIA LLC End User License Agreement are applicable only to the SYBIRATHIA LLC Games, and do not apply to any other websites or products, including, without limitation, any website or product of any parent or affiliate of SYBIRATHIA LLC.

SYBIRATHIA LLC reserves the right to modify the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and/or SYBIRATHIA LLC End User License Agreement in whole or in part, from time to time at its sole and absolute discretion, and to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version thereof through any SYBIRATHIA LLC Game(s).

 

Your continued use of any SYBIRATHIA LLC Game(s) following our making available any revised version of the applicable agreement(s) will mean that you accept that/those revised version(s) thereof; however, any material change to these agreements will not apply retroactively to any claim or dispute between you and us in connection with such agreements that arose prior to the “Last Updated” date applicable to that version of such agreement(s) in which we included such material change.

 

If you do not agree to any changes made to the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy and/or SYBIRATHIA LLC End User License Agreement, you may not access or use any of the SYBIRATHIA LLC Games. We may, at any time, modify, suspend and/or discontinue all or part of any SYBIRATHIA LLC Game(s); charge, modify or waive fees required to use any SYBIRATHIA LLC Game(s); or offer opportunities to some or all users of SYBIRATHIA LLC Game(s).

​​1 PRIVACY

 

SYBIRATHIA LLC’s collection, use and disclosure of end user information are subject to the SYBIRATHIA LLC Privacy Policy which explains, among other things, how SYBIRATHIA LLC collects, uses and stores your personal information. Your submission of information through or in connection with any SYBIRATHIA LLC Game(s) is governed by the SYBIRATHIA LLC Privacy Policy. To the extent that you submit any personally identifiable information to any third party in connection with any SYBIRATHIA LLC Game(s), please note that (a) such third party’s collection, use and disclosure of such information will be governed by its own privacy policy and not by the SYBIRATHIA LLC Privacy Policy, and (b) we are not responsible for the information collection, usage and disclosure practices of such third party or any other third parties.

2 ACCOUNTS

 

Before you can access or play any of the SYBIRATHIA LLC Games, you will be required to create an account. To create an account you must be at least 18 years old, or at least 13 years old and have your parent’s or legal guardian’s permission. When creating an account you will be required to, among other things, (a) select a username and password and (b) provide your email address, country of residence and date of birth. You may not use (and we may refuse to grant you) any username that (i) already is being used by another person, (ii) may be construed as impersonating another person, (iii) violates the intellectual property or other rights of any person, (iv) is offensive or (v) SYBIRATHIA LLC rejects for any other reason its sole and absolute discretion. You are responsible for maintaining the confidentiality of your username and password and for all interactions with any SYBIRATHIA LLC Game(s) that occur in connection with and/or through your account.

 

You represent and warrant that any information you provide in connection with your access to and use of any SYBIRATHIA LLC Game(s) is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF ANY SYBIRATHIA LLC GAME(S), YOU DO SO AT YOUR OWN RISK.

 

You may not sell, transfer, or allow others to access and/or use your account. Please notify us immediately if you are aware of any unauthorized access to and/or use of your account. It is important that you remember your username and password, and that you provide answers to security questions for your account. If you forget your username or password and have not provided us with any answers to security questions, you may not be able to access and use your account.

 

For security reasons, please do not use your real name as your username, password, or forum handle. We reserve the right in our sole and absolute discretion to suspend and/or terminate your account and restrict your access to the SYBIRATHIA LLC Games if you do not comply with the SYBIRATHIA LLC Terms of Service, SYBIRATHIA LLC Privacy Policy, SYBIRATHIA LLC End User License Agreement and/or any other terms and conditions that may apply to your access to and/or use of any SYBIRATHIA LLC Game(s).

 

In the event that your account has been suspended, SYBIRATHIA LLC may request that you provide further verification of your identity, for example, by responding to an email or a text message, before your account may be reactivated. SYBIRATHIA LLC is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You acknowledge and agree that you (and not we) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any SYBIRATHIA LLC Game(s), and for paying all charges related thereto.

3 MINORS UNDER 18

 

SYBIRATHIA LLC’s general audience website and game are not directed to persons under 18 years of age.  As such, we do not seek to collect personal identifiable information from persons under 18 years of age through either the website or games or any other service provide by SYBIRATHIA LLC, and are not responsible or liable for third party services used by SYBIRATHIA LLC, such as, but not limited to, financial transaction services.

4 FREE TO PLAY & VIRTUAL CURRENCY

 

SYBIRATHIA is a Free to Play game. This means meaning that end users can access the game any time. However, but does and will come with optional content and features available for purchase through purchasing Sybir Cash (also called Sybs pronounced S-eye-bs) as additional game currency for upgrading features, while avoiding within reason from becoming a Pay to Win type game. Any and all such purchases are final and non-refundable.

You hereby agree not to assert and/or bring any cause of action, claim and/or suit against SYBIRATHIA LLC, affiliates, and/or our licensors and suppliers arising out of and/or related to (a) any claim that you own any Virtual Currency, digital downloads, or Virtual Items, (b) any claim for the "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items, (c) any claim for the loss of any "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items arising out of and/or related to any acts or omissions of SYBIRATHIA LLC, our affiliates, our service providers, and/or our licensors and suppliers which is/are permitted under the SYBIRATHIA LLC Terms of Service, and/or any other SYBIRATHIA LLC policy, and/or (d) any claim that the "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items has diminished in value as a result of any modification that SYBIRATHIA LLC, our affiliates, our service providers, and/or our licensors made to any related services SYBIRATHIA LLC Game(s).

5 SALES

You must be at least 18 years old to make a purchase. If you are a minor, you must have your parent or guardian submit the payment information and authorize the transaction on your behalf. By submitting your payment information and making a purchase, you agree to pay all applicable transaction costs including sales taxes, credit card fees, mobile carrier fees, etc. Currently SYBIRATHIA LLC only accept payments through PayPal. SYBIRATHIA LLC reserves the right to add or remove any method of payment at any time in its sole and absolute discretion.

 

SYBIRATHIA LLC does not ensure continuous or error-free access or availability of any any related services SYBIRATHIA LLC Game(s), and may, in its sole and absolute discretion, add, modify, disable, suspend and/or remove any any portion thereof, including, without limitation, any computer code, games, characters, character names, story lines, titles, dialogue, catch phrases, digital downloads, Virtual Items, Virtual Currency, themes, objects, environments, artwork, maps, locations, likenesses, poses, models, textures, costumes, logos, emblems, powers, badges, achievements, sounds, voice-overs, musical compositions, concepts, artwork, animations, special effects, methods of operation, documentation, in-game chat transcripts, character profile information, video files, game engines, launch pads, and client and server side software, data, information, materials and other assets contained therein (collectively Game Assets).

Under no circumstance will SYBIRATHIA LLC be liable for any claim that relates to or arises out of any such change that it makes to any SYBIRATHIA LLC Game(s), and may suspend, discontinue and/or terminate any feature, and or Game Assets at any time in its sole and absolute discretion and will be will no longer be available. If you wish to purchase any Subscriptions, Virtual Items, or digital downloads, you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your account information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT/DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to pay all fees, payments and applicable taxes relating to the Game incurred by you or anyone else using your account. By submitting such information, you grant SYBIRATHIA LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

6 PARALLEL RULES OF CONDUCT

While playing or otherwise using any SYBIRATHIA LLC Game(s), you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the THE SYBIRATHIA LLC GAMES is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account. YOU THEREFORE AGREE NOT TO:

  1. Violate the game-specific rules of conduct POSTED ON  the website and/or on the game forums.

  2. Post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive.

  3. Impersonate or misrepresent your affiliation with SYBIRATHIA LLC Game(s), affiliates, our service providers, our licensors and/or any other person, company and/or group.

  4. Post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company.

  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through a SYBIRATHIA communication feature; such as but not limited to chat or forums.

  6. Post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.

  7. Attempt to disable or circumvent any measures that we use to prevent or restrict access to our accounts, servers, databases, data, computers, and networks.

  8. Arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using any SYBIRATHIA LLC Game(s).

  9. Do anything that might interfere with or adversely affect any SYBIRATHIA LLC Game(s).

  10. Modify, clone, copy, rip, hack, hijack  any part of any SYBIRATHIA LLC Game(s) or any of its clients and/or servers.

7 RESTRICTIONS

 

You are solely responsible for any violation of any applicable laws that results from your failure to abide by the SYBIRATHIA LLC’s Terms of Use and/or EULA.You hereby agree not to (a) rent, lease, timeshare, license, distribute, sub-license or otherwise transfer any SYBIRATHIA LLC’s in whole or in part, as a standalone product, in conjunction with other products, or otherwise; (b) make copies of SYBIRATHIA LLC Game(s) in whole or in part, except as necessary to install any aspect of SYBIRATHIA in accordance with the Terms of Usage, (c) reverse engineer, de-compile or disassemble in whole or in part the SYBIRATHIA LLC Game(s); (d) create derivative works of or from any of the SYBIRATHIA LLC Game(s), or otherwise use any aspect, feature, logo, trademark, or the name SYBIRATHIA in whole or in part, for commercial purposes, except as expressly permitted herein; and (g) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in any SYBIRATHIA LLC Game(s). In short, we own it, you don't.

8 FEEDBACK

 

We may ask end users for ideas, suggestions, input, recommendations, information, comments and/or feedback (collectively, “End User Feedback”) to help improve the SYBIRATHIA LLC Game(s). We may also ask for End User Feedback during the “beta” phase of development, and or any and all additions or subtractions, to identify and fix bugs and other problems. You also may voluntarily provide End User Feedback to us through forums, email, social media sites and/or other means. By providing End User Feedback, you hereby grant us a worldwide, non-exclusive, transferable, sub-licenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of SYBIRATHIA LLC) any and all End User Feedback, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by SYBIRATHIA LLC of the End User Feedback violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

9 DISCLAIMER, LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, THE SYBIRATHIA LLC GAMES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCESS TO AND USE OF THE SYBIRATHIA LLC GAMES ARE AT YOUR SOLE RISK. SYBIRATHIA LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYBIRATHIA LLC GAMES, INCLUDING ALL STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

SYBIRATHIA LLC MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE SYBIRATHIA LLC GAMES, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE. SYBIRATHIA LLC HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SYBIRATHIA LLC GAMES.

IN NO EVENT WILL SYBIRATHIA LLC AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “SYBIRATHIA LLC ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE USE OF OR INABILITY TO USE ANY SYBIRATHIA LLC GAME(S).

 

NONE OF THE SYBIRATHIA LLC ENTITIES ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.

 

NONE OF THE SYBIRATHIA LLC ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.

 

IN ANY ACTION OR PROCEEDING AGAINST ANY SYBIRATHIA LLC ENTITY(IES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE SYBIRATHIA LLC GAMES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO $100.00.

 

YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ANY SYBIRATHIA LLC ENTITY(IES) WITH RESPECT TO THE USE OF ANY THE SYBIRATHIA LLC GAMES ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

10 INDEMNIFICATION AND RELEASE

You agree to indemnify and hold harmless SYBIRATHIA LLC ENTITIES from and against any and all liability, losses, damages, and expenses including, without limitation, attorneys’ fees and costs, incurred in connection with or in any way relating to any claim arising out of any breach by you of the Terms of Service and/or end user license agreement and/or your use of SYBIRATHIA LLC Game(s). You also agree to release and discharge SYBIRATHIA LLC ENTITIES from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use of or inability to use ANY SYBIRATHIA LLC Game(s).

 

IN NO EVENT SHALL YOU HAVE ANY RIGHT TO RECOVER OR OBTAIN ANY RIGHTS IN OR TO ANY SYBIRATHIA LLC GAME(S), OR TO ENJOIN OR OTHERWISE INTERFERE WITH SYBIRATHIA LLC’S DEVELOPMENT, LICENSING, USE, PUBLISHING, MARKETING, SALE, DISTRIBUTION OR EXPLOITATION OF ANY SYBIRATHIA LLC GAME(S), OR ANY RIGHTS ASSIGNED, TRANSFERRED OR RESERVED TO SYBIRATHIA LLC UNDER THESE TERMS OF SERVICE.

11 GOVERNING LAW; JURISDICTION

The validity, construction, interpretation and legal effect of this Terms of Service shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of Oregon, and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of and the United States of America.

 

Subject to the below provisions of Section 12, (a) you and SYBIRATHIA LLC agree that any controversy, claim or dispute arising out of or relating to this Terms of Service, or any aspect of the relationship between you and SYBIRATHIA LLC (each, a “Dispute”) asserted by you against SYBIRATHIA LLC or by SYBIRATHIA LLC against you shall be exclusively brought in a state or federal court in the State of Oregon, and (b) you and SYBIRATHIA LLC each submit and consent to the personal jurisdiction of, and venue in, the state and federal courts located in the State of Oregon.

12 DISPUTE RESOLUTION; ARBITRATION, CLASS ACTION WAVER

Any Dispute, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be settled through Negotiation or Arbitration; provided, however, with respect to Excluded Disputes you and SYBIRATHIA LLC are unable to settle through Negotiation, you and SYBIRATHIA LLC may apply to the applicable court in the State of Oregon, to bring any such Excluded Disputes in lieu of Arbitration.

If a Dispute arises, you and SYBIRATHIA LLC first shall attempt in good faith to resolve it promptly by Negotiation as set forth HEREIN, and neither you nor SYBIRATHIA LLC may commence Arbitration with respect to any Dispute unless you and SYBIRATHIA LLC first have unsuccessfully pursued Negotiation as provided in this agreement (i.e., the parties are unable to resolve the Dispute in writing within the below thirty (30) day period or if either party refuses to comply with the provisions of any written Negotiation settlement). All communications, whether oral, written or electronic, in any Negotiation or Arbitration (including, without limitation, any written Negotiation settlement or Arbitration award) pursuant to this agreement shall be treated as confidential, except as may be necessary to prepare for or conduct the Arbitration hearing on the merits, or except as may be necessary in connection with a court application in accordance with the above provisions in section 10, or except to the extent otherwise required by applicable law. Notwithstanding the above provisions set forth in Section 11, (i) the Federal Arbitration Act applies to and governs the enforceability of this agreement, and (ii) all communications, whether oral, written or electronic, in Negotiations shall also be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence.

  1. Negotiation. At any time after a Dispute arises, either you or SYBIRATHIA LLC may initiate negotiation by providing written notice (the “Dispute Notice”) to the other party as follows (“Negotiation”): (a) you shall email Dispute Notices to SYBIRATHIA LLC here, and (b) SYBIRATHIA LLC shall email Dispute Notices to you to the email address that you have provided, that SYBIRATHIA LLC has on file for you. The Dispute Notice shall describe the nature and basis of the Dispute and sets forth the relief sought.

  2. You and an authorized SYBIRATHIA LLC representative shall communicate through email correspondence, and thereafter as often as reasonable necessary, to attempt to resolve the Dispute. No party shall be obligated to continue to participate in Negotiation if the parties have not resolved the Dispute in writing within thirty (30) days after the non-complaining party’s receipt of the Dispute Notice.

  3. Arbitration. If you and SYBIRATHIA LLC are unable to resolve any Dispute through Negotiation or if either party refuses to comply with the provisions of any written Negotiation settlement, then, except for any Excluded Disputes (as hereinafter defined), SUCH DISPUTES WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR (“Arbitration”) INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AND SYBIRATHIA LLC AGREE THAT YOU AND SYBIRATHIA LLC ARE WAIVING THE RIGHT TO TRIAL BY A JURY.

  4. As used in these Terms of Service, the “Excluded Dispute” collectively means: (a) any Dispute relating to the infringement, misappropriation and/or other misuse of intellectual property rights other than patent rights (including, without limitation, claims seeking injunctive relief); (b) any Dispute relating to the violation, misappropriation and/or other misuse of confidential information (including, without limitation, claims seeking injunctive relief); (c) any Dispute relating to the enforcement of an Arbitration award; and/or (d) any Dispute that qualifies for small claims court. An Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury.

  5. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts.

  6. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. The Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Terms of Service. The Consumer Arbitration Rules are available online HERE.

  7. Additionally, the arbitrator shall follow applicable state and federal law. YOU AND SYBIRATHIA LLC AGREE THAT ANY ARBITRATION UNDER THIS TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AND SYBIRATHIA LLC ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator will conduct hearings, if any, by teleconference or video conference, rather than by personal appearances.

  8. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.

  9. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you and SYBIRATHIA LLC bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you or against you for us, as applicable.

13 GENERAL TERMS

If you have a question or complaint regarding any of SYBIRATHIA LLC Game(s), please feel free to contact us here at our website.

 

  1. Termination. Your only remedy with respect to any dissatisfaction with any SYBIRATHIA LLC Game(s), is to terminate your account. You may terminate any subscription at any time, however, any subscription time already purchased will remain on your account until the end of your then-current billing cycle and will be nonrefundable. SYBIRATHIA LLC reserves the right to suspend, restrict or terminate your access to or use SYBIRATHIA Game(s)), at any time and for any reason, in its sole and absolute discretion.

  2. Upon any such termination, your right to use SYBIRATHIA Game(s) will immediately cease. You agree that any suspension, restriction or termination of your access to or use of any SYBIRATHIA Game(s)be effected without prior notice and that we may immediately deactivate or delete any username and/or password used by or provided to you, and all access to your game accounts. You agree that we will not be liable to you or any third party for any suspension, restriction or termination of your access to SYBIRATHIA or its Assets. All licenses that you grant under these Terms of Service will also be terminated. 

  3. Assignment. You may not assign or transfer any of your rights or obligations under these Terms of Service. SYBIRATHIA LLC may assign or transfer any and/or all of its rights and/or obligations under these Terms of Service, in the advent of closure or sale to another third party company without restriction.

  4. Waiver. Any failure of SYBIRATHIA LLC to enforce or exercise any right or power under these Terms of Service shall not be construed as a waiver of, or a bar to, the exercise of such right or power on any other occasion.

  5. Miscellaneous. If any provision of the SYBIRATHIA LLC Terms of Service are deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the SYBIRATHIA LLC Terms of Service and will not affect the validity and enforceability of any remaining provisions. The SYBIRATHIA LLC Terms of Service does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.

  6. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The SYBIRATHIA LLC Terms of Service, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) through any SYBIRATHIA LLC Game(s), by email, at our sole and absolute discretion.

  7. Without limitation, you agree that a printed version of the SYBIRATHIA LLC Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the SYBIRATHIA LLC Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in the SYBIRATHIA LLC Terms of Service, express or implied, is intended to or will confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.

14 PRIVACY POLICY

SYBIRATHIA LLC Game(s) values the privacy of its members and end users. As a member or end user of SYBIRATHIA you also agree to these policies and are expected to review them and refer to them on your own.

  1. “Personal Information” is information that identifies you as an individual or relates to an identifiable person, including for example, your name, e-mail address, postal address, phone number, and payment card information. We do not collect any Personal Information from you unless you provide it to us voluntarily (e.g., through interaction or registration with the Services). We may combine the Personal Information we receive from you with information we receive about you from other sources, such as our affiliates, public databases, joint marketing partners, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, and from other third parties.

  2. For example, if you elect to connect your social media account to your Services account, certain Personal Information from your social media account may be shared with us, such as your name, email address, photo, and location. This Personal Information may be combined with other information that is part of your profile or your friends’ profiles.

  3. Membership and Registration: Some areas of the Services may allow you to visit as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering (e.g., in order to play our subscription-based games, information such as your real name and billing information is required). Important information regarding account registration procedures and the security of your account is laid out in our above Terms of Service.

  4. Online Purchasing and Technical Support: When you sign up to play one of our fee-based games or you make certain online purchases from us, we will require that you provide us with the necessary billing information, such as your name, credit card or payment information, street address, etc., so that we may provide the content, game, service, or product to you. In order to resolve issues related to customer service, billing questions, technical, and computer support, etc., we may also require you to provide us with some Personal Information so that we may resolve such issues properly.

  5. We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

  6. Hosting and Third Party Services: Certain Services may be provided to you in conjunction with a third party. During the registration process for any such Service, you may be notified that such third party wishes access to some of your Personal Information and you will be given an opportunity to decline to share that information with that third party. If you decline, you may not be able to use the relevant Services. A third party’s use of the shared Personal Information will be governed by the third party’s own privacy policy, and SYBIRATHIA LLC Game(s) use of such information will be governed by this Privacy Policy.

  7. Unauthorized Third Party Program”). In the event of the game detecting an Unauthorized Third Party Program, (a) the game may communicate information back to SYBIRATHIA LLC private information, including without limitation, and details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or details about your computer, and/or (b) SYBIRATHIA LLC may exercise any or all of its rights and remedies, including, without limitation, its rights and remedies under the Terms of Service and EULA without prior notice to the user linked to such Unauthorized Third Party Program. In such a case the serve may be shut down temporarily while the problem is being sorted out  for the safety and security of our end users and to locate the source of the account that has activated an Unauthorized Third Party Program, pursuit to legal action taken against such violators to the fullest extent of national and international laws. 

  8. “Additional Information Collected”: Information such as  IP addresses, devices, cookies, and usage of our applications will collect data pertaining to such end user activities as used through our Hosting Service provider servers. This means that there are assigned unique identifier to every user of our website and Game(s) also used for learning reasonable demographic information and also to assist with increasing as needed security information to protect the integrity of the game(s) and end user information.

USAGE OF COLLECTED INFORMATION

In addition to the uses described in the sections above, we may use the Personal Information we collect from and about you to enable us:

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  1. To provide you with technical support, customer service, and account maintenance;

  2. To learn what you like and tailor your experience accordingly;

  3. To improve and develop the Services and our other products and services;

  4. To provide services or products you request;

  5. To allow you to participate in or use our communication features;

  6. To allow you to download and/or play our game(s);

  7. To allow you to benefit from any other promotions or offers, such as sweepstakes and contests;

  8. To manage your account and fulfill your orders and respond to your requests;

  9. To inform you of any changes made to the Services or send other administrative information to you;

  10. To inform you of products, services, promotions, and offers which you may find interesting, including by serving advertisements to you when you are on third-party sites, services, and social media platforms;

  11. For our internal business purposes, such as data analysis, audits, fraud monitoring and prevention, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.

As with any public services or businesses, we are also subject to the investigatory and enforcement powers of the Federal Trade Commission or any other U.S. authorized statutory body. In such a case, your information may be disclosed to Federal Trade Commission or any other U.S. authorized statutory body upon request from such.

INFORMATION YOU SHARE VOLUNTARILY

If you disclose your Personal Information on message boards, chat, profile pages, and other services to which you are able to post information and materials to third parties, be they individuals or companies, we cannot be held liable for any negative results of doing so, and therefore you do so at your own risk. Any information you post or disclose through these services will become public information and may be available to other users of the Services and to the general public. Please be careful when deciding to disclose your Personal Information, or any other information, on or through these or any other Services and/or individuals.

  1. We may share your Personal Information for the purposes described in this Privacy Policy with our affiliates (except for direct marketing), including any entity that directly or indirectly owns fifty percent (50%) or more of the outstanding equity in SYBIRATHIA LLC.

  2. We may provide links to third party websites. This Privacy Policy does not apply to any such websites, and we are not responsible for them, so we encourage you to review the policies of all such sites carefully.

  3. Additionally, there may be unauthorized third party websites that may be providing links from their sites to the Services without our knowledge or control. We are not responsible for the content of any third party websites, expressly disclaim any statements or assertions made on such websites, and deny all liability associated with your use of, and the content on, such other sites or advertisements contained therein.

  4. Subject to security and privacy concerns (e.g., regarding your password and credit card number), your account will give you the ability to access, change, delete, and/or update certain Personal Information you have provided, and adjust your communications preferences. If you choose to have your Personal Information removed from our active databases, we will try to do so within a reasonable time after your request and we will take reasonable steps to ensure that your Personal Information is not used (except as may be required or permitted by law) by SYBIRATHIA LLC after your notification to us.

  5. Please note that, where required or permitted by law, we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

  6. The Services are not directed to persons under the age of 18, and we do not knowingly collect Personal Information from such. If we learn that we have inadvertently gathered personal data from persons under the age of 18, or that  such persons under the age of 18 have submitted such information, upon the date of discovery, will take reasonable measures to promptly delete such personal data from our records.

  7. If you believe that we have unintentionally collected or been given personal information about your child, please contact us immediately so we may remove that information to the best of our abilities from our records and close any membership account your child may have established.

OUR COMMITMENT TO PRIVACY USING AVAILABLE TECHNOLOGY

  1. We make ever effort to protect information and keep it private. One of these measures  is known as SSL (Secure Sockets Layer), and is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral.

  2. Unless otherwise specified herein or on the Services where you make a purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes. We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization.

  3. Unfortunately, no website data transmission or storage system can be guaranteed to be completely secure. urges you to take steps to keep your Personal Information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your user account, and closing your web browser when you are finished using the Services.

  4. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us through the website. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

USAGE OF THE UNITY GAME ENGINE AND OTHER SOFTWARE.

Because we use third party software such as the Unity Game Engine's Proprietary software, you are also subject to the  policies, terms of services, and EULA of Unity Technologies and  licensors of such software. As such, Unity", Unity logos, and other Unity trademarks are trademarks or registered trademarks of Unity Technologies or its affiliates in the U.S. and elsewhere (more info here). Other names or brands are trademarks of their respective owners.

Thank you for taking the time to review this information.

 

SYBIRATHIA LLC

(Last update 10/12/2019)

Our Policies

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Sybirathia," Sybirathia logos, and other Sybirathia trademarks and/or registered trademarks are the private property of Sybirathia LLC. Other names or brands are trademarks of their respective owners. Sybirathia LLC is located in Oregon, USA.

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