Omniverse Terms and Conditions

Last updated: 10/13/2024

1. Introduction

Welcome to Omniverse (“Service”). By accessing or using this Service, including the store and public forum, you agree to comply with and be bound by the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you must discontinue using the Service immediately. These Terms may be updated or changed at any time without prior notice. Continued use of the Service following any changes constitutes your acceptance of the revised Terms.

2. Definitions

• "Account": Refers to a user account created to access the Service.
• "Content": Refers to any user-generated data, including forum posts, media, text, and in-game creations submitted or uploaded to the Service.
• "In-App Purchases": Refers to purchases made within the Service.
• "User": Refers to anyone who accesses or uses the Service, including both registered and unregistered users.

3. Eligibility

The Service is only available to individuals who are 13 years of age or older. By registering or using the Service, you confirm that you meet this age requirement. If you are under 13, you may not register or use the Service.

4. User Accounts and Security

When creating an Account, you agree to provide accurate and complete information. You are solely responsible for maintaining the security of your Account and all activities under it. You must immediately notify us if you believe your Account has been compromised. We reserve the right to terminate or suspend your Account, with or without notice, for any reason, including but not limited to violations of these Terms. Inactive Accounts (those unused for 180 days) may be deleted without prior notice, resulting in the loss of associated data.

5. User-Generated Content and Licensing

By submitting, uploading, or providing any Content to the Service, you grant Omniverse a non-exclusive, perpetual, worldwide, royalty-free, irrevocable license to use, display, modify, reproduce, distribute, and sublicense your Content in connection with the Service, including for promotional purposes. This license includes the right to create derivative works. You waive any rights of attribution or moral rights in your Content to the fullest extent permitted by law. Omniverse is not liable for any user-generated content and does not pre-screen all submissions. Use of the Service is at your own risk, and you are solely responsible for any Content you upload.

6. License and Usage Limitations

Your use of the Service grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. You agree that you will not:

• Engage in any form of cheating, hacking, phishing, or unauthorized access to the Service.
• Use the Service to promote or facilitate illegal or unauthorized activities, including selling in-game items or offering account boosting or power-leveling services.
• Exploit bugs, reverse engineer the Service, or use automation tools such as bots or scripts.
• Engage in any form of harassment, abuse, or harm toward other users.
• Post or distribute harmful or offensive materials, including malware, viruses, or illegal content.

Violation of these limitations may result in suspension or termination of your Account.

7. Purchases and In-App Purchases

All purchases, including digital goods, in-game items, and virtual currencies, are final. By making a purchase, you agree that you are responsible for verifying all transaction details before completing the payment. Omniverse reserves the right to manage, modify, or eliminate In-App Purchases without prior notice or compensation. In-App Purchases are not redeemable for real-world currency, nor are they transferrable to other users. Omniverse does not provide refunds for purchases unless required by applicable consumer rights laws in Missouri or your local jurisdiction.

8. No Refunds Policy

All sales made through the Service are final. Omniverse offers no refunds for any digital products, including but not limited to in-game items and virtual currencies, except as required by Missouri law or applicable consumer rights laws. By purchasing from the Service, you acknowledge and accept this no-refund policy.

9. Third-Party Services

Omniverse may utilize third-party services, including payment processors and spam prevention tools. By using the Service, you agree to allow us to share relevant information with third-party providers as necessary to operate the Service. Omniverse is not responsible for the content or privacy practices of third-party services.

10. Termination and Suspension of Service

Omniverse reserves the right to terminate or suspend your access to the Service at any time, with or without notice, for any reason, including but not limited to violations of these Terms. Upon termination, you forfeit any pre-purchased virtual goods, in-game progress, or associated services without refund or compensation. Termination of your Account will immediately cease all rights granted under these Terms.

11. Dispute Resolution

Informal Resolution

For any dispute arising out of or related to the use of the Service, you agree to attempt to resolve the dispute informally by contacting Omniverse’s support team. If the dispute cannot be resolved informally within 30 days, the following arbitration process will apply.

Binding Arbitration

If the dispute is not resolved informally, you agree that any claim or dispute will be resolved by final, binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration eliminates your right to sue in court, participate in a jury trial, or file a class action. The arbitration will be conducted in **Missouri**, unless otherwise mutually agreed by both parties.

No Class Actions

You and Omniverse agree that any dispute resolution will be conducted on an individual basis, and not as part of a class action. Both parties waive the right to participate in class actions or consolidated arbitration.

12. Limitation of Liability and Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties, express or implied. Omniverse disclaims all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permitted by law, Omniverse is not liable for any indirect, incidental, or consequential damages, including loss of profits, data, or goodwill, arising from your use of the Service. Omniverse’s total liability shall not exceed the amount you have paid to Omniverse in the preceding 180 days. This limitation does not apply where prohibited by Missouri law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Omniverse and its affiliates from any claims, damages, or losses arising from your violation of these Terms or your use of the Service, including legal fees and related expenses.

14. Force Majeure

Omniverse shall not be held liable for any failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, power failures, or any other acts of God.

15. Changes to the Terms

Omniverse reserves the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting. It is your responsibility to review the Terms regularly. Your continued use of the Service after any modifications constitutes your acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Missouri, without regard to conflict of law principles. Any legal action relating to these Terms must be brought exclusively in the courts located within the **State of Missouri**. By using the Service, you agree to submit to the personal jurisdiction of the courts of Missouri.

17. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at [email protected].