Terms of use

PLEASE READ CAREFULLY BEFORE USING THE GAME AND RELATED SERVICES OF THE PROJECT OR ANY SERVICES PROVIDED THROUGH THE PROJECT IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PROJECT IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.

ACCEPTANCE OF THE TERMS

These Terms sets out the legal terms between you (either an individual or legal and non-legal entity) and CLOUD 9 RANCH CLUB, INC..

These Terms and including cases where personal data. You may print a copy of these Terms and Privacy Policy for your records and we highly recommend you to do so. These Terms remain effective from the date of acceptance until terminated by you or CLOUD 9 RANCH CLUB, INC. in accordance with these Terms. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with CLOUD 9 RANCH CLUB, INC.. By accepting these terms you acknowledge, represent and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. You expressly represent that you are legally allowed to enter into these Terms and that you do not violate any applicable laws.

You may also be required to register an account on the Project and (or) Service (hereinafter referred to as "Account").

If you access the Project and (or) the Service from a social network, you shall comply with its terms of service/use and Privacy Policy as well as these Terms and Privacy Policy.

Please note that these rules shall not create any third party’s rights including any enforcement right (civil right of action) thereof, and may be enforced solely by CLOUD 9 RANCH CLUB, INC. in its sole discretion.

The failure by CLOUD 9 RANCH CLUB, INC. to exercise or enforce any of the Terms shall not constitute or be deemed a waiver of its right thereafter to enforce each and every of these Terms.

INTELLECTUAL PROPERTY RIGHTS

CLOUD 9 RANCH CLUB, INC. is the owner of all exclusive rights, intellectual property rights and interests associated with the Project and Services, as well as all their functions and components, including but not limited to:

• all the virtual content that is contained and displayed in the Project, including:
  1. visual components: project locations, characters (names, appearance, characteristic behavior and utterances), artwork, structural or landscape design, animation and audiovisual effects;
  2. thematic content: themes, concepts, stories and storylines;
  3. musical and sound compositions and recordings;
  4. user accounts;
• project elements: Virtual Items and Intra-Project Values, as well as intra-project options and ways of acquiring them;
• other intellectual property that provides technical and other access to the Project and Services, including but not limited to:
  1. software and source code;
  2. methods of work and original works of authorship used in the Project;
• all Accounts, including Account names and any player’s identification tools. Any use of the Account must be in accordance with the interests of CLOUD 9 RANCH CLUB, INC.. CLOUD 9 RANCH CLUB, INC. does not allow the transfer of Accounts. You cannot purchase, sell, gift and otherwise assign the Account, and also offer any Account to purchase, sell, gift or any form of assignment, and any such attempt will be void and may lead to the termination of the Account;
• intangible rights thereto.

For the avoidance of doubts, the Services shall be construed as providing you with access to use the Project without transferring any exclusive or other intellectual property rights or interests to the Project and Services.

VIRTUAL ITEMS AND INTRA-PROJECT VALUES

CLOUD 9 RANCH CLUB, INC. may offer you the ability to: (i) purchase a limited license to use intra-project values; (ii) earn a limited license to use intra-project values by performing specified tasks in the Project (hereafter and everywhere - “Intra-Project Values”); and/or (iii) earn a limited license, and/or purchase a limited license with Intra-Project Values, to virtual objects made available by CLOUD 9 RANCH CLUB, INC. in the Project (hereinafter and everywhere - “Virtual Items”). If CLOUD 9 RANCH CLUB, INC. offers the ability to purchase or earn such licenses, CLOUD 9 RANCH CLUB, INC. shall grant you a non-exclusive, non-transferable, revocable, limited right and license to use such Intra-Project Values or Virtual Items, as applicable. These right and license are only valid for your personal, non-commercial use exclusively in the Project, subject to the provisions of these Terms and your compliance therewith.

Intra-Project Values may only be redeemed for Virtual Items for use in the Project and neither Intra-Project Values or Virtual Items are redeemable for money, anything of monetary value, or for any monetary equivalent from CLOUD 9 RANCH CLUB, INC. or any other person or entity, except as otherwise required by applicable law. Intra-Project Values and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. \Neither CLOUD 9 RANCH CLUB, INC. nor any other person or entity has any obligation to exchange Intra-Project Values or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that CLOUD 9 RANCH CLUB, INC. may engage in actions that may impact the intra-project attributes or perceived value of Intra-Project Values and/or Virtual Items at any time, except as prohibited by applicable law. CLOUD 9 RANCH CLUB, INC., in its sole discretion, may impose limits on the amount of Intra-Project Values that may be purchased, earned, or redeemed.

USER CONTENT

By using the Project and (or) the Services, you acknowledge and agree that: Under no circumstances will CLOUD 9 RANCH CLUB, INC. be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content, emailed or otherwise made available via the Project and (or) the Service (hereinafter referred to as “User Content”).

If you post any comments or User Content within the Projects and (or) the Service of CLOUD 9 RANCH CLUB, INC., unless we expressly indicate otherwise, you grant CLOUD 9 RANCH CLUB, INC. and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content by any means and media whether now known or hereafter devised without any further notice or compensation of any kind to you, in connection with:

1. providing and promoting the Project and (or) the Services; and/or
2. exercising the rights under these Terms.

The license grant to CLOUD 9 RANCH CLUB, INC. survives any termination or revocation of these Terms. You may not upload, publish, post, distribute or disseminate any User Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and free speech) of other individuals including the Project’s team. You may not upload, publish, post, distribute or disseminate any User Content that promotes hatred towards groups based on their race or ethnic origin, religion, disability, gender, age and (or) sexual orientation/gender identity.

You expressly represent that your use of the Project and all User Content you posted on, transmitted through or linked from the Project and (or) the Service and (or) mobile applications (where applicable) is in compliance with these Terms and Privacy Policy as well as all applicable local, state, national and international laws, rules and regulations including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

COMMUNICATIONS OF USERS

Your use of the Project and (or) Services may include your communication with other users of the Project and (or) Services, subject to other provisions of these Terms. The communication may be done through the Project and (or) Services, if such Project and (or) Services have functional abilities to operate such communication.

INACTIVE/DISABLED ACCOUNT POLICY

Accounts that have been inactive or disabled either by You contacting CLOUD 9 RANCH CLUB, INC. and requesting the Account be terminated, by You using CLOUD 9 RANCH CLUB, INC.’s administration tools to terminate the account, or by CLOUD 9 RANCH CLUB, INC.’s account service team due to these Terms or otherwise, may be permanently deleted at least seven (7) days, as applicable, after the date of the Account’s termination unless you agree to pay CLOUD 9 RANCH CLUB, INC.’s applicable maintenance fee for the inactive accounts.

For the purposes of this paragraph, the term “applicable maintenance fee” shall mean any monetary purchase of a limited license to use the Intra-Project Values, subject to these Terms.

DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROJECT AND (OR) SERVICES IS AT YOUR SOLE RISK, ND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER CLOUD 9 RANCH CLUB, INC. NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY REFERRED TO AS THE "CLOUD 9 RANCH CLUB, INC. PARTIES") WARRANT THAT THE PROJECT AND (OR) SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE CLOUD 9 RANCH CLUB, INC. PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE.

TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE CLOUD 9 RANCH CLUB, INC. PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE CLOUD 9 RANCH CLUB, INC. PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CLOUD 9 RANCH CLUB, INC..

Severability of Class Action Waiver

You and CLOUD 9 RANCH CLUB, INC. agree that, no provision of this Class Action Waiver shall be enforceable against you or CLOUD 9 RANCH CLUB, INC. and all claims shall be governed by Governance Law and Jurisdiction provisions of these Terms, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any сlaim; or (ii) you submit a proper Opt Out Notice, wherein you have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by you or CLOUD 9 RANCH CLUB, INC. to participate in a class action.

MISCELLANEOUS

If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

The failure by CLOUD 9 RANCH CLUB, INC. to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of CLOUD 9 RANCH CLUB, INC.’s right or remedy.

We may make changes to these Terms from time to time and we will publish the changes at this link. Changes will be effective when published. Please review these Terms on a regular basis. You acknowledge and agree that you express acceptance of the Terms of Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate these Terms in accordance with the set forth below.

If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.