Demihumans™ Game User Agreement
(Terms of Service)

Last updated: July 8, 2022

This User Agreement (“Agreement,” “Terms of Service,” “Terms of Use,” as appropriate) is a legal agreement between you and AUTHOR KURT LLC, an Indiana limited liability company having a place of business in Indianapolis, Indiana, doing business as Demihumans™ (“DEMIHUMANS”, “AUTHOR KURT LLC,” “we”, “our”, or “us”, as appropriate) regarding the Services you use from us.

Your use of our Services requires you to accept this agreement. If you do not agree with this Terms of Service, then we promptly request you stop using our Services. Your continued use of our Services indicates an acceptance of this agreement, especially in the case of Game Account (“Account”) creation and use.

“Services” means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any website(s), software, online chats (i.e. Discord), or other services we provide or associate with, or in support of, the Game, whether or not they are installed or used on a computer, console, or a mobile device, and whether or not they are hosted by us, including without limitation to all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, application services, or other materials made or offered relating to our Games available by or through us.

“Game” means our game that you download and access, which is subject to this Agreement, regardless of where you download and/or access it from.

If you are a resident of the United States, a specific clause applies to you, in addition to the terms and conditions below. See Article 17 for details.

If you are a resident of another country, please refer to our terms and conditions below.

To ensure your relevant rights while using the Services, be sure to carefully read the following regulations before you register with, and log in to use, our Services, particularly those pertaining to exemption and liability of responsibility. In addition, as the terms herein are subject to change at any time, we encourage you to check them regularly so as to ensure your rights and interests.

Due to legal or technical reasons, or due to changes to our business, the Services will be updated from time-to-time. We reserve the right to amend, modify, or revise this Agreement at any time, and we may from time-to-time make amendments to this Agreement, and such amendments form part of this Agreement. Once we update this Agreement, we will issue an updated version and notify you in an appropriate way. Please ensure that you carefully read the updated Agreement. If you disagree with any revised terms of the Agreement, you should immediately terminate usage of our Services. If you continue to log in to, or otherwise use our Services, you will be deemed to have recognized and accepted the revised terms of the Agreement.

IF YOU ARE YOUNGER THAN 18 YEARS OLD OR THE RELEVANT “AGE OF MAJORITY” WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE “AGE OF MAJORITY” WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICES ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING PURCHASES OR OTHER TRANSACTIONS MADE BY THE MINOR IN CONNECTION WITH THE SERVICES, WHETHER THE MINOR’S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING SUCH PURCHASE OR OTHER USE OF THE SERVICES.

1. DEMIHUMANS Account & Password

1.1 You may be required to register or have a DEMIHUMANS Account and set up a password in order to use the DEMIHUMANS Services. To create an Account, you will be required to register as a user and accept this Agreement. If you do not accept the related terms, you will not be able to create an Account.

1.2 When registering as a user, you agree that you will:

(a) provide accurate, up-to-date, and complete information about you whenever prompted or permitted by any site registration process; and

(b) maintain and promptly update your personal information and keep your personal information accurate, up-to-date, and complete.

If you don’t meet these requirements, we may suspend or terminate your Game Account. You may use an in-game name which is already used by another user, but all User Account IDs and/or usernames must be unique, and the precondition to use the Services is that you do not choose an in-game name (or username, if relevant) which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. However, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter.

Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable in-game name or username if, in our discretion, we consider that your in-game name or username (or its use) is offensive or otherwise breaches these Terms of Use in any way.

Please note that if you somehow play the Game without creating a Game Account, or without accepting these Terms of Use, that this counts as unauthorized access, and your continued use of our Services will indicate your acceptance of these Terms of Service.

1.3 You agree to provide accurate and complete registration information, but you are discouraged from creating an account name that reflects your real name or other personal information. You shall be responsible for keeping your Account secure and confidential (including but not limited to usernames, passwords, or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.

1.4 The uniqueness of each Account is vital to the function of our Services. You are prohibited from gifting, lending, transferring, or otherwise permitting any other person to access or use your Account. You shall not use another user(s)’s Account(s) at any time. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including but not limited to terminate your Account immediately without any refund.

1.5 We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of these Terms of Use agreed upon between you and DEMIHUMANS, even if it is later determined that such termination was made in error. In the event of such termination, you will also not be permitted to re-register as a user without our express permission.

1.6 You are responsible for maintaining the confidentiality of your Account information and if any third-parties use your Account, or otherwise access to your Account, you may not claim compensation from DEMIHUMANS. Furthermore, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you shall notify DEMIHUMANS immediately. DEMIHUMANS will regard all use of your Account as being by you, except where DEMIHUMANS has received and acknowledged your notice of such theft or unauthorized use. You are fully responsible for all activities that occur under your Account, even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your in-game name, display name, username, email, password, Game Account, or your failure to comply with this Agreement.

1.7 Our staff (including customer service representatives, game managers, etc.) will never ask you for your password. You are fully responsible for keeping your Game Account and password safe. If you fail to take the proper precautions, and your account and password are used illegally, any such act will be attributed to the user and you will be held responsible.

1.8 You should protect the safety of your Account and password, and not divulge either under any circumstances whatsoever. If you discover that a third-party has illegally used your account, or if it is otherwise used without your explicit consent, or if your account’s security has been compromised, you should inform us immediately. Once we have verified and confirmed that your account has been used without your consent, we may suspend or terminate the use of this account and password combination and provide you with a way to change your password via email or another form of contact. Should a third-party not agree with how we handle such issues, it can instead be reported to the authorities to be handled via judicial channels. You shall bear all the legal and financial responsibilities should your claim be false or misleading, and it damages our rights or those of a third-party.

1.9 If you forget your password, you should notify us at once via our in-game prompts and follow our instructions. We shall not be responsible for any losses, including virtual items (e.g. Currency, Gifts, etc.), points or stats you attain in the game, game progress, characters obtained, and content you post in the game, incurred by you forgetting your password.

1.10 Should your device’s model change for any reason, and you wish to continue using your Account on the new device, you should follow our in-game procedures.

1.11 You have the right to request that your account to be deleted, but you may only delete your own account that you initially created, and should do so according to the guidelines (e.g., contacting customer support) provided by our Service, and you should ensure that you meet the platform’s related terms and requirements for account deletion. You will still be held responsible for your actions taken during the use of our Services before the deletion of your account. You understand that if you request to have your account deleted, or if we delete your account in accordance with the terms of this Agreement, you will no longer be able to access the data for any game, including but not limited to levels and score achieved in game, or any virtual items (e.g. Currency, Gifts, etc.) associated with your Account, on the platform previously associated with your account. You may also choose to unlink (via Google Authentication or Facebook Authentication) the association between your Account and any game of your choosing on the platform. Should you do so, you may still use your Account to log into other games, but you may no longer access any data of the game or games you unlinked, including but not limited to levels and score achieved in game, or any virtual items (e.g. Currency, Gifts, etc.) associated with your Account.

2. Statement

2.1 You acknowledge that the BELOW STATEMENT may change at any time if any policy related to minors changes in your country/region.

2.2 You represent that you are over 18 years old when using our Services. If you are seen as underage according to the laws of the area where you are accessing our Services from, then you acknowledge that your parent or legal guardian has reviewed and agreed to the terms of this Agreement, and that your parent or legal guardian consents to your access and usage of our Services.

2.3 Once you register an Account on our platform and log in, we presume that you meet the required age of relevant laws and regulations for the usage of our Services. If we become aware that we have obtained personal information from a child under the age of 14 years old, we may delete such information in accordance with applicable law.

3. Application Scope of the Agreement

3.1 As for the Services we provide, the rights and obligations of the Services between you and DEMIHUMANS shall be in accordance with the terms of this Agreement.

3.2 The actual game management rules and regulations may be found on the platform or in the game, and such game management rules and regulations form part of this Agreement. You should also comply with these rules and regulations for each game you choose to access and/or play.

4. Scope of Services

4.1 The Services as provided by this Agreement pertains to all content generated by the game application or software after you download and access the game application on your personal computer, mobile device, or other system, and with which you use to log in to the game over the Internet to play said game. This DOES NOT include your personal access Internet Services and connection to an Internet Service Provider, nor does it include the provision of hardware required to access such Internet Services. You shall be responsible for any and all expenses pertaining to the aforementioned use requirements arising from the usage and access of our Services.

4.2 The cost of any in-game virtual items that may be purchased (e.g. Currency, Gifts, etc.), as defined in Article 8, are handled by Google Play in-app billing (for Android users) and in-app purchases (for Apple iOS users). Our payment processing partners may have their own Terms and Conditions, and you should ensure that you agree to these terms and conditions prior to making a payment. Should your transaction with our payment processing partner fail, your purchase will not be completed. Once your payment transaction has been completed, we will endeavor to complete your purchase and order as soon as possible. In the event of refund, we reserve the right to discontinue our Services, including Account termination, or to otherwise seek to withdraw the in-game benefits or virtual items obtained through a refunded purchase.

5. Personal Information

5.1 We take the protection of our users’ personal information very seriously. We will adopt safety technology and other safety measures that match our Services, and may establish a comprehensive management system to protect your personal information and prevent your personal information from being improperly used, from any unauthorized access and usage, or from being divulged.

5.2 The protection of personal information shall be handled in accordance with relevant laws and regulations. We may use your personal information within the scope required to fulfill this Agreement, including using your email address for communication purposes, both to resolve issues and for marketing purposes, of which you can opt-out at any time via ‘opt-out links’ in aforementioned emails. By accepting this Agreement, you are giving consent to receive such communications via email, of which you can withdraw at any time.

5.3 You agree that we may create membership statistics based on your personal information. As long as statistics do not involve the disclosure of your personal identity, you agree and allow us to use them for any legal and public purposes.

5.4 We may disclose your personal information or game data in accordance with the law should any of the following situations require it:

(a) At the requirement of legal and related authorities;

(b) To protect the rights, property, or personal safety of DEMIHUMANS, its users, and/or the public;

(c) To protect the personal safety of our staff, related third-parties, or public in case of an emergency;

(d) To respond to claims that any Content violates the rights of third-parties, including Copyright and Trademark complaints;

(e) To obey any applicable laws or regulations;

(f) To respond to your requests for customer service.

5.5 We have an independent Privacy Policy to protect your privacy and standardize the use of personal information, which must be acknowledged and accepted to use our Services. It is important that you read this Privacy Policy carefully before using our Services.

6. Playing Our Games with Other Users

6.1 Some of our games may allow you to play against an opponent or to play socially with other users. You may be able to choose to play against another user or to play socially with another user whom DEMIHUMANS selects for you, or play against, or play socially with, one of your contacts on a platform or social network, which you have allowed our games or Services to interact with. Some of our games may also allow you to search for your friends (via usernames, emails, etc.) in order to find them to play against or socially with. We may also display the display names of your past opponents, or other past in-game engagements, so that you can easily find them to play again.

6.2 If DEMIHUMANS selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random, or use such criteria as we see fit in order to make these selections (your past scores, your country, server, or the level you have reached in the game, or your other gameplay activities, etc.).

6.3 By accessing and/or playing our games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in and all media (whether it exists now or in the future), for any purpose, in perpetuity without any payment to you. You also understand and agree that other users may find you by searching for you with your email address or username. Please note that we will only show your display name publicly, and not your email address (another user must already know your email address themselves in order to search for you).

6.4 Some of our games or other Services may include functionality that may allow you to participate in text/and or video chat with other users.

7. Virtual In-Game Items (Currency)

7.1 The game may contain virtual currency, such as coins, gold, gems, crystals, points, gifts, or other virtual items or services, hereinafter referred to as virtual items (Currency) that may be used within the game. You do not own these virtual items (Currency), and you instead have a limited revocable license to use them. You may not distribute, lend, or otherwise transfer virtual items (Currency) to a third-party.

7.2 You understand and agree to the calculation method for the cost and usage of virtual items (Currency). Virtual items (Currency) purchased may be deducted first, and under this type of system, only once these virtual items (Currency) have been deducted may virtual items (Currency) obtained for free be deducted.

7.3 If you are an adult according to the laws of the area where you are accessing our Services, you may purchase virtual items (Currency) with real-life currency and/or credit cards. You agree that virtual items (Currency) may never be again exchanged for real-life money, physical goods, or real-life services. You may only receive virtual items (Currency) from us, and not from any third-party.

7.4 You agree that all virtual items (Currency) obtained from us are irrevocable, and due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless otherwise prescribed by mandatory provisions in law.

7.5 We reserve the right to control, supervise, change, or delete any virtual items (Currency) without being held responsible to you. Furthermore, in respect to such rights to the fullest extent permitted by law, if we suspend or terminate your Account in accordance with this Agreement, you will lose any virtual items (Currency) you may have, and we will not compensate you for any losses incurred.

7.6 You understand and agree that changes or adjustments to paid items or payment standards of the game Service is normal business behavior, and you shall not request compensation for any such changes or adjustments.

8. Operation & User Responsibilities

8.1 While providing the Services in accordance with the terms of this Agreement, we shall maintain our computer systems and provide security that can reasonably be expected based on technology and professionalism at the time.

8.2 You shall abide by applicable laws of the area where you are accessing our Services from. If any law applicable to you restricts or prohibits you from using our Services, you shall comply with any such legal restrictions or, if applicable, stop accessing and/or using our Services. You promise that any information you provide us pertaining to the access of the Services is true, accurate, and complete, and will not hold us liable for any illegal actions taken on your behalf in relation to the use of our Services.

8.3 Information, data, applications, sound, images, graphs, videos, labels, or other materials you or other users send, upload, exchange, transmit, or otherwise provide via this Service shall be hereinafter referred to as “Content” in relation to our Services. You understand and agree that any Content you may send while using our Services, whether published publicly or sent privately, is the sole responsibility of the Content sender. This means that you, not us, are fully responsible for any Content uploaded, exchanged, or transmitted or otherwise provided via this Service. If we consider any Content uploaded via our Services as a violation of any part of the terms of this Agreement, or said Content harms our reputation or that of our Services, we reserve the right to delete said Content. Under no circumstances will DEMIHUMANS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available through our Services.

8.4 You may not upload, disseminate, or otherwise provide any of the following Content:

(a) Any Content that is illegal, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, slandering, obscene, hateful, or otherwise objectionable in nature;

(b) Any Content that infringes on the privacy or legal rights of others;

(c) Any Content that incites violence or racial/ethnic hatred;

(d) Any Content that infringes upon the intellectual property rights, including copyright and trademarks, or other exclusive rights of others;

(e) Any Content that contains unsolicited or unauthorized advertising, promotional materials, spam mail, spam advertising mail, or any other form of solicitation;

(f) Any Content containing software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication device;

(g) Any Content that violates any applicable laws or regulations.

8.5 You may not perform the following actions:

(a) Use the Services to harm, offend, or harass anyone, including bullying and doxing;

(b) Use the Services to harm minors or make available Content that is harmful to children or minors in any way;

(c) Use the Services for fraudulent or abusive purposes (including but not limited to using the Services to impersonate any person or entity, or otherwise misrepresent your relationship with any person, entity, or our Services);

(d) Use the Services for any commercial or business purposes, or for the benefit of any third-party, or to send unsolicited messages;

(e) Impede, manipulate, or obstruct the Services or the servers or network the Services uses, or any other user’s use and enjoyment of the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

(f) Attempt to decompile, reverse engineer, disassemble or hack the Services, or compromise any encryption technology, security measures or data we transmit, process or store, or otherwise disrupt the normal running or the fairness of the game;

(g) Use a fake name or someone else’s identity, partake in fraudulent behavior, or otherwise use any false means to pay for the purchase of points or virtual items (Currency);

(h) Forge headers or otherwise manipulate identifiers in order to disguise or mislead the origin of any Content or communications transmitted through the Services;

(i) Refund without proper reason, including refunding after having purchased and used in-game virtual items (Currency);

(j) Transfer, agree to sell or trade, or otherwise provide access to any account without authorization;

(k) Collect or store any information that could be used to identify an individual, either by itself or in combination with other information, from our Services from other users of the Services without their express permission;

(l) Use the Services in any way that would affect us adversely or reflect negatively on us or our Services, or discourage any person from using all or any portion of the features of the Services;

(m) Use the Services in violation of any applicable laws or regulations.

8.6 If we reasonably believe that you have seriously violated these Terms of Use (including multiple minor violations), we reserve the right to block or block delivery of a communication (including without limitation to status updates, postings, messages, and/or chats) to or from the Services or adopt other necessary measures, including suspending or terminating your use of the Services (including deletion of your account, or blocking from certain platforms), and immediately execute this Agreement as part of our effort to protect the Services and/or our Users. Without limitation, any violation of the terms of this Agreement may be deemed as a serious violation. You understand that you have no right to ask us for a refund should your Account or access be terminated. You agree to compensate us for all losses, damages, claims, and expenses incurred from violating the terms of this Agreement, including payment platform fees and/or legal expenses.

9. Information Disclosure

9.1 We may provide game-related information on the platform.

9.2 You have no right to request that we provide or disclose internal information pertaining to the scoring method of the Services, or the probability of virtual item drops and acquisitions, unless otherwise prescribed by mandatory provisions in law.

9.3 All data available when you play the game, including but not limited to the story, characters, images, gear, items, stats, monster abilities or other similar information, is designed by DEMIHUMANS. We may make appropriate adjustments to related parameters to ensure the game’s fairness, and may announce any such adjustments. The failure to make such an announcement does not constitute as a breach of this Agreement.

10. Game Updates & Suspension

10.1 You understand that our Services and/or game is an ongoing development. We will provide software updates or other changes from time-to-time to improve the user experience and the Services, and may as such request that you accept updates to the game or Services installed on your device. You understand and agree that we may update the game or Services with or without notifying you. You may need to update third-party software from time-to-time to access the game or Services. You have the right to choose whether to accept game or Service updates. If you do not accept an update, some or all functions may be restricted or unavailable to you.

10.2 We may update, patch, or modify the software remotely and access the software residing on your machine or device for such purpose, and you hereby grant to us the right to deploy and apply such patches, updates, and modifications. All provisions of this Agreement that refer to “software” shall also include all such patches, updates, and modifications.

10.3 We may change all or part of the game or Services Content at any time, and for any reason, or suspend or terminate the provision of the game or Service without prior notice to you.

10.4 Should any of the following situations occur, we may suspend or terminate the provision of the game and Services without prior notice to you:

(a) If we are unable to provide the game or Services due to natural disasters such as earthquakes, tsunamis, typhoons, lightning, rainstorms or floods, or due to fire, power failure, or other unforeseen events or circumstances, including war, conflict, riot, unrest, or labor disputes;

(b) If we are unable to provide the game or Services due to regular or emergency maintenance of the system, maintenance required to provide the game or Services or network system overload, and issues of any providers;

(c) And in addition to the above, when we determine it necessary to suspend or terminate the provision of the game or Service.

10.5 We shall not be held liable for any loss incurred by you as a result of changes, suspension, or termination of the game or Services described in this Article 10.

10.6 If you do not log in to or use the Services during a one-year period, we may notify you to log in within fifteen days. Should you not log in to the Services within that time frame, we reserve the right to delete or deactivate your Account and all virtual items (Currency) in your Account shall be forfeited, and no refunds will be made with respect to forfeited virtual items (Currency) to the fullest extent authorized by law.

11. Terminating Operation

Should we terminate the operation of our game Services, we will, to ensure the legitimate rights and interests of our users, deal with matters related to the termination of the game operation in accordance with relevant laws and regulations, including but not limited to announcing said termination on the main page of our website, on the in-game login menu, or purchase menu prior to the termination. Any virtual items (Currency) you have not yet used, or game Services that have not yet expired, may at our discretion be returned to you in a legal currency or in another way of your acceptance, according to the rate at the time of your purchase, not counting any withdrawn fees, including payment processor fees.

12. Intellectual Property Rights

12.1 Our Services, including our Content and Games, is owned by us and/or our licensors. We grant you a non-exclusive, non-transferable, limited right and license to install the software and to access and/or use the Services, subject to the terms and conditions of this Agreement and for personal use only. This license does not allow you to make any commercial use or any derivative use of the Services. All rights not expressly granted by us under the Agreement are hereby reserved by us. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third-parties that own such scripts or code, not by us.

12.2 Our Services may let you upload, post, and store photos and other content that you own, to which you retain your ownership and to which AUTHOR KURT LLC is entitled to a free, non-exclusive, and sublicensable (through multi-level, or sister companies) license to use, including but not limited to text, images, video, audio, music, sound, dialogue, etc. You hereby confirm and agree that the forms of use include, but are not limited to, use in specific products and services, or use for the promotion of corresponding products and services.

12.3 Game software, manuals, and all related merchandize products are protected by copyright law and belong to us. Specifically, any materials that are part of the DEMIHUMANS Services (including but not limited to any content, website(s), games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the DEMIHUMANS Services) are protected by applicable laws from unauthorized use and shall not be copied, reproduced, or modified in part, or in whole, in any way without our express written permission by AUTHOR KURT LLC. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its Content, and you may not use the game to create any merchandize products, without our prior written consent by AUTHOR KURT LLC. You also may not, without our prior written consent, mirror or frame any part or whole of the Services on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search website(s) to direct Internet users to this website).

12.4 You shall not in any way provide operation (or hosting) services of the game, intermediate services or obstruct, simulate, or reset it. Related prohibited methods include but are not limited to setting up private servers, reverse engineering, modifying the game, or adding new mods, or using certain tool programs to provide operation (or hosting) services of the game.

12.5 The intellectual property rights of any data information (if any), except for your personal information, generated on our servers during your participation in the game belong to Us. You have limited usage rights to game data information while you use the game software and Service in accordance with this Agreement.

12.6 AUTHOR KURT LLC remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights, and other rights and interests) in and to the DEMIHUMANS Services. You acknowledge and agree that you may not have any right or interest as a result of using the DEMIHUMANS Services, except explicitly granted to you under this Agreement.

12.7 AUTHOR KURT LLC respects copyright law and expects our users to do the same. It’s our policy to terminate, in appropriate circumstances, Game Accounts of users who infringe or are believed to be infringing the rights of copyright or trademark holders.

13. Responsibility Limitations

13.1 IN NO EVENT SHALL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED, PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF DEMIHUMANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 We will provide our Services with the same skill and care as other similar website service providers. If you have any issues with or if you are unsatisfied with our Services, you may contact us for discourse, or you may stop using our Services. We assume no responsibility for any interruptions or errors you encounter while accessing our Services, unless otherwise agreed in this Agreement. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.

13.3 WE ARE NOT RESPONSIBLE FOR ANY OF THE FOLLOWING:

(a) LOSSES OR DAMAGES NOT CAUSED BY OUR VIOLATING ANY CLAUSE, OR BY NEGLIGENCE;

(b) LOSSES OR DAMAGES NEITHER YOU NOR WE MAY REASONABLY FORESEE AT THE TIME OF YOUR AGREEING TO THESE TERMS OR ARTICLES, INCLUDING LOSSES INCURRED AS A SIDE EFFECT OF FORESEEABLE LOSSES. THESE MAY INCLUDE DATA LOSSES, OPPORTUNITY LOSSES, SERVICE INTERRUPTION, COMPUTER OR OTHER DEVICE FAILURES, OR FINANCIAL LOSSES;

(c) ANY LOSSES OR INCREASE IN LOSSES CAUSED BY YOUR VIOLATING ANY OF THESE TERMS OR ARTICLES;

(d) ANY LOSSES OR DAMAGES ARISING FROM TECHNICAL FAILURES OR THE AVAILABILITY OF OUR WEBSITE, GAMES, AND/OR SOCIAL MEDIA CHANNELS THAT ARE NOT WITHIN OUR REASONABLE CONTROL.

(e) ANY LOSSES OR DAMAGES ASSOCIATED WITH REAL OR PERCEIVED SOCIAL, EMOTIONAL, OR OTHER RELATED ISSUES IN RELATION, DIRECTLY OR INDIRECTLY, TO THE USE OF OUR SERVICES.

FURTHERMORE, WE MIGHT PROVIDE THIRD-PARTY WEBSITE(S) OR LINKS TO RESOURCES IN OUR SERVICES, BUT WE DO NOT GUARANTEE AND ASSUME NO RESPONSIBILITY REGARDING THE AUTHENTICITY AND VALIDITY OF CONTENT, ADVERTISEMENT, SERVICES, AND PRODUCT INFORMATION ON ANY SUCH LINK. THE INCLUSION OF ANY LINK DOES NOT IN ANY WAY IMPLY OR EXPRESS AFFILIATION, ENDORSEMENT, OR SPONSORSHIP BY US OF ANY LINKED SITE AND/OR ANY OF ITS CONTENT THEREIN. WE ARE NOT LIABLE FOR ANY LOSS OR HARM THAT OCCURS TO YOU AS A RESULT OF SUCH SITES OR CONTENT. IN ADDITION, THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY TEXT AND VIDEO FEEDS (AND PODCASTS) (COLLECTIVELY, “THIRD-PARTY FEEDS”), PRODUCTS, WEBSITE(S), SERVICES AND OFFERS, OR LINKS TO DOWNLOAD THIRD-PARTY SOFTWARE APPLICATIONS. ADDITIONALLY, THIRD-PARTIES MAY MAKE AVAILABLE, ON THEIR OWN WEBSITE(S), THIRD-PARTY FEEDS, AND SOFTWARE APPLICATIONS. THESE THIRD-PARTY LINKS, THIRD-PARTY FEEDS, PRODUCTS, WEBSITE(S), SERVICES AND SOFTWARE APPLICATIONS ARE NOT OWNED OR CONTROLLED BY DEMIHUMANS. RATHER, THEY ARE OPERATED BY, AND ARE THE PROPERTY OF, THE RESPECTIVE THIRD-PARTIES, AND MAY BE PROTECTED BY APPLICABLE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. DEMIHUMANS HAS NOT REVIEWED, AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, FUNCTIONALITY, SECURITY, SERVICES, PRIVACY POLICIES, OR OTHER PRACTICES OF THESE THIRD-PARTIES. BY USING OUR SERVICES, YOU AGREE THAT DEMIHUMANS SHALL NOT BE LIABLE IN ANY MANNER DUE TO YOUR USE OF, OR INABILITY TO USE, ANY THIRD-PARTY FEED, WEBSITE OR WIDGET. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DEMIHUMANS MAY DISABLE YOUR USE OF, OR REMOVE, ANY THIRD-PARTY LINKS, THIRD-PARTY FEEDS, OR APPLICATIONS ON THE SERVICES TO THE EXTENT THEY VIOLATE THESE TERMS OF SERVICE.

13.4 WE ARE ONLY RESPONSIBLE FOR LOSSES AND DAMAGES WITH REASONABLY FORESEEABLE CONSEQUENCES ARISING FROM OUR NEGLIGENCE OR VIOLATION OF THESE TERMS AND ARTICLES, WITH THE MAXIMUM AMOUNT BEING THE AMOUNT YOU HAD PAID US WITHIN 90 DAYS PRIOR TO THE DATE AT WHICH YOU MADE THE CLAIM. FORESEEABLE LOSSES AND LOSSES REFER TO LOSSES OR DAMAGES WHICH YOU AND US MAY THINK OF WHEN YOU AGREE TO THESE TERMS AND ARTICLES.

13.5 NOTWITHSTANDING THE FOREGOING, SOME COUNTRIES, STATES, PROVINCES, OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS AGREEMENT WILL PREJUDICE SUCH RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF OUR SERVICES.

14. Indemnity

You agree to indemnify and hold AUTHOR KURT LLC dba DEMIHUMANS, and each of their respective members, directors, officers, employees, contractors, agents, and other associates harmless from and against all costs, actions, losses, damages, claims, demands, settlements, fines, penalties, liabilities and/or expenses, including attorneys’ fees, arising howsoever under this Agreement, including without limitation arising from or in connection with misrepresentation, negligence, omission, and/or breach of this Agreement on your part. This indemnity shall be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise, or determination. For the avoidance of doubt, nothing in this clause shall prevent or restrict us enforcing any other rights and obligations owed to it under this Agreement.

15. Severability

If any part of this Agreement is deemed to be invalid or unenforceable under any applicable law or by an applicable court, that part shall be interpreted so that it remains consistent with the applicable laws, while reflecting our original intent to the greatest degree possible. The rest of this Agreement shall remain valid and enforceable, and to this end the provisions of this agreement are declared to be severable.

16. Waiving of Rights

Our failure to exercise or enforce any of the rights in this Agreement does not mean that we waiver any such rights. Any waiver of such rights shall be effective only in written form, signed by us.

17. DISPUTE RESOLUTION

THIS FOLLOWING SECTION 17 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES.

If you are a resident of the United States of America, by accepting the terms of this Agreement, you and AUTHOR KURT LLC dba DEMIHUMANS: (i) agree to resolve certain disputes through mandatory binding arbitration, as set forth in Section 17.1, and each subpart thereof (collectively, the “Arbitration Agreement”); and (ii) expressly waive the right to a trial by jury or to participate in any class action brought against the other party, pursuant to Section 17.2 (the “Class Action Waiver”); unless (iii) you exercise your right to opt out of the Arbitration Agreement and/or the Class Action Waiver, as set forth in Section 17.3.

17.1 MANDATORY, BINDING ARBITRATION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AUTHOR KURT LLC (DBA DEMIHUMANS): (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND DEMIHUMANS THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17.1.c) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DEMIHUMANS, ANY TERM OR PROVISION OF THIS AGREEMENT, OR YOUR ACCESS TO OR USE OF THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (iv) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY YOU OR DEMIHUMANS WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD-PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD-PARTY AND BOTH PARTIES TO THIS AGREEMENT. UNLESS YOU SUBMIT A PROPER ‘OPT OUT’ NOTICE (IN STRICT COMPLIANCE WITH SECTION 17.3), YOU AND AUTHOR KURT LLC (DBA DEMIHUMANS) AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATION.

(a) Pre-Arbitration Informal Dispute Resolution. Prior to initiating arbitration of any Claim subject to this Arbitration Agreement, you and AUTHOR KURT LLC dba DEMIHUMANS agree to make reasonable, good faith efforts to informally resolve any dispute or Claim between you and DEMIHUMANS. The party seeking to raise such dispute or Claim shall send to the other party a written notice describing the nature and basis of such dispute or Claim and identifying the relief sought. All such written notices to DEMIHUMANS must be sent via first class mail to: 7915 S EMERSON AVE #126, INDIANAPOLIS, IN 46237. If you and DEMIHUMANS do not agree to resolve such dispute or Claim within sixty (60) days after such written notice is received, the party seeking to raise such dispute or Claim may initiate an arbitration action against the other, as permitted by the Arbitration Agreement, above.

(b) Arbitration Procedure. Arbitration is a legally-binding process, through which a party may seek legal remedies from or against another party, similar to a legal action brought before a court, but that generally imposes fewer strict procedural formalities, is held before a third-party, neutral arbitrator (instead of before a judge or jury), provides for more limited discovery and potentially reduced legal fees for each party, and is subject to limited review by courts. The procedure for arbitration of any Claim under this Arbitration Agreement will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at: http://www.adr.org. Notwithstanding the foregoing, you and AUTHOR KURT LLC dba DEMIHUMANS agree that any such arbitration will be conducted in English, and permit the electronic submission of documents and allow participation by phone, live video streaming, teleconference, or in person at a mutually agreed location.

(c) Excluded Claims. Notwithstanding the foregoing, the terms of this Arbitration Agreement will not prevent you or AUTHOR KURT LLC dba DEMIHUMANS from bringing any Claim: (i) to the attention of any federal, state, or local government agencies with the governmental authority and competent jurisdiction to seek relief on your or DEMIHUMANS’s behalf, from the other party; or (ii) before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.

(d) Severability of Arbitration Agreement. You and DEMIHUMANS agree that, no provision of this Arbitration Agreement shall be enforceable against you or AUTHOR KURT LLC dba DEMIHUMANS, and all Claims shall be governed by Section 18, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Arbitration Agreement is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (ii) you submit a proper ‘Opt Out’ Notice (in compliance with Section 17.3), wherein you have expressed your election to opt out of this Arbitration Agreement.

17.2 CLASS ACTION WAIVER.

(a) STATEMENT. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND AUTHOR KURT LLC (DBA DEMIHUMANS) HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND DEMIHUMANS, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL COURT PROCEEDING, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION 17.1.c) AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE ARBITRATOR (OR COURT, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION 17.1.c) MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION (OR COURT ACTION, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION 17.1.c), MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH CLAIMS. UNLESS YOU SUBMIT A PROPER ‘OPT OUT’ NOTICE (AS DESCRIBED IN SECTION 17.3), YOU AND AUTHOR KURT LLC (DBA DEMIHUMANS) 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.

(b) Severability of Class Action Waiver. You and AUTHOR KURT LLC dba DEMIHUMANS agree that, no provision of this Class Action Waiver shall be enforceable against you or DEMIHUMANS and all Claims shall be governed by (i) The laws of the State of Indiana, excluding its conflicts-of-law rules, govern the application, interpretation, or enforcement of the terms of this Agreement and your use of the Game, and (ii) for all claims and disputes arising out of or relating to this Agreement and/or your use of the Game that are not subject to the Arbitration Agreement in Article 17, above, exclusive jurisdiction for any such claim or action shall be the federal or state courts that govern Marion County, Indiana, and you expressly consent to the exercise of personal jurisdiction of such courts, 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 Claim; or (ii) you submit a proper ‘Opt Out’ Notice (in compliance with Section 17.3), 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 AUTHOR KURT LLC dba DEMIHUMANS to participate in a class action or class arbitration.

17.3 OPT OUT PROCEDURE.

You have the right to opt out and not be bound by the foregoing Arbitration Agreement and Class Action Waiver, by sending a written notice of your election to opt out from such Arbitration Agreement and/or Class Action Waiver (the “Opt Out Notice”), in strict compliance with the following requirements of Sections 17.3.a – 17.3.c:

(a) Form & Address. Your Opt Out Notice must be sent to the following address: ATTN: DEMIHUMANS, 7915 S EMERSON AVE #126, INDIANAPOLIS, IN 46237, and either by: (i) first class mail, postage prepaid, certified and return receipt requested; or (ii) overnight courier service (such as Federal Express).

(b) Time Limitations. Unless a longer period is required by applicable law, your Opt Out Notice must be postmarked (if sent by first class mail) or deposited (if sent by overnight courier service) within: (i) 30 days of your purchase of your copy of the Game; or (ii) if no purchase is required to access the Game, then within 30 days of the date on which you first accessed or used your copy of the Game.

(c) Required Information. Your Opt Out Notice must include: (i) the title of the specific Game to which your Opt Out Notice is intended to apply; (ii) your legal first and last name; (iii) your legal domestic address; (iv) your phone number; (v) your email address; (vi) if you are a registered user of the Game or any other DEMIHUMANS product or service, each of your usernames/IDs for the Game and such other DEMIHUMANS products and services; and (vii) a statement that you do not agree to the Arbitration Agreement and/or to the Class Action Waiver. DEMIHUMANS may use the foregoing information included in the Opt Out Notice to record, process, maintain, and administer your opting out of the Arbitration Agreement and/or Class Action Waiver, as applicable, but not for marketing purposes.

(d) Effects of a Proper Opt Out Notice. If your Opt Out Notice meets all of the above requirements, you and AUTHOR KURT LLC dba DEMIHUMANS will be deemed to have opted out of the Arbitration Agreement and/or Class Action Waiver, subject to your statement in such Opt Out Notice, with respect to this Agreement. Submission of a valid Opt Out Notice applies only to Claims arising from or relating to the Game and Agreement identified therein, as between DEMIHUMANS and the individual identified in such Opt Out Notice.

(e) Effects of Improper Opt Out Notice. If you submit an Opt Out Notice that fails to meet any of the requirements set forth in Sections 17.3.a – 17.3.c, you and AUTHOR KURT LLC dba DEMIHUMANS will be bound by the Arbitration Agreement and Class Action Waiver set forth in this Agreement.

18. Governing Law

This agreement is governed by the laws of the state of Indiana, USA, and all conflicting legal provisions shall be excluded. In the event any dispute arising under this agreement results in litigation, arbitration, or mediation, such action or proceeding shall be brought within the state or federal courts of Indiana, USA. The final litigation, arbitration, or mediation result shall be legally binding on both parties.

19. Limitation on Claims

To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the DEMIHUMANS Services, must commence within one year (365 days) after both parties first become aware of the claim, or within one year (365 days) after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

20. No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of AUTHOR KURT LLC. Otherwise, DEMIHUMANS may, in its sole discretion, terminate providing any services to you without prior notice. Notwithstanding the foregoing, DEMIHUMANS shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

21. Miscellaneous

21.1 We solemnly remind you to take note of the terms in this Agreement which exempt us from liability and restricts the rights of users. Be sure to read the Agreement carefully and consider the risks.

21.2 The terms listed in this Agreement may not fully cover all rights and obligations between us and you. The Privacy Policy, statements, and information announced by us shall be regarded as supplementary terms and inseparable parts to this Agreement, and have the same legal effect as this Agreement.

If you have any questions or concerns, you may send a message to the following email: