Empyrean Softworks Inc.
Last Updated: May 26, 2025
1. Acceptance of Terms
Welcome to Empyrean Softworks! These Terms of Service ("Terms") govern your access to and use of our mobile games, websites, online services, and any related software, content, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
2. Age Restrictions
- You must be at least Age 13 years old to access and use our Services. If you are under the legal age of majority in your jurisdiction, you must have the consent of your parent or legal guardian to use our Services.
- If you are a parent or guardian and you provide consent for your child to use our Services, you agree to be responsible for your child's use of the Services, including all financial charges and legal liability that they may incur.
3. License Grant
- Empyrean Softworks grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial entertainment purposes.
- This license does not grant you any ownership rights to our Services or any content included in our Services. You are granted a limited right to use the Services as provided, and this right can be revoked under the terms outlined herein.
4. Accounts
- Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. This includes any unauthorized access to your account.
- You agree to provide accurate, current, and complete information when creating your account, including your email address, and to update your information as necessary to ensure it remains accurate, current, and complete. You are responsible for verifying the accuracy of this information.
- You may not share your account with anyone else. You are solely responsible for all use of your account, whether or not authorized by you.
- We reserve the right to suspend or terminate your account, temporarily or permanently, if you violate these Terms or if we have reason to believe your account is being used for unauthorized or illegal activities, including, but not limited to, fraud, hacking, or the use of unauthorized third-party software. We may also terminate accounts that have been inactive for an extended period.
5. User Conduct
You agree not to:
- Use our Services for any illegal or unauthorized purpose, including, but not limited to, violating any applicable laws or regulations, or promoting illegal activities.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of our Services, or attempt to derive the source code of any software included in our Services, except to the extent expressly permitted by applicable law.
- Interfere with or disrupt the operation of our Services or any servers or networks used to provide our Services, including, but not limited to, hacking, denial-of-service attacks, or distributing malware.
- Attempt to gain unauthorized access to our Services, other users' accounts, or any computer systems or networks connected to our Services, including, but not limited to, circumventing security measures or using another person's credentials.
- Transmit any viruses, malware, ransomware, Trojan horses, worms, or other harmful code through our Services, or use our Services to distribute or facilitate the distribution of any such code.
- Use any automated means, such as bots, cheats, scripts, macros, or other automated devices, to access or use our Services, including, but not limited to, farming, grinding, or exploiting game mechanics.
- Engage in any conduct that is harmful, offensive, harassing, defamatory, slanderous, libelous, obscene, pornographic, or otherwise objectionable, including, but not limited to, hate speech, threats, or the display of sexually explicit content.
- Infringe upon our intellectual property rights or the intellectual property rights of others, including, but not limited to, copyright, trademark, patent, or trade secret infringement.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity, including, but not limited to, our employees or representatives.
- Collect or store personal information about other users without their express consent, including, but not limited to, email addresses, phone numbers, or other contact information.
- Use our Services for any commercial purpose, including advertising or solicitation, without our express prior written consent, including, but not limited to, spamming, advertising goods or services, or promoting websites or businesses.
- Use our Services in any way that violates any third-party terms of service or other agreements you have with third parties.
6. Intellectual Property
- Our Services and all content included in our Services, including, but not limited to, text, graphics, images, audio, video, software, code, designs, data, databases, and trademarks, service marks, and logos, are owned by or licensed to Empyrean Softworks and are protected by copyright, trademark, and other intellectual property laws and international treaties. We reserve all rights not expressly granted to you.
- You may not use our intellectual property without our express prior written consent. This includes, but is not limited to, using our trademarks or logos in any commercial or non-commercial manner.
- You may not copy, distribute, modify, reproduce, display, perform, publish, license, create derivative works from, or sell any content from our Services without our prior written consent, except as expressly permitted by these Terms or applicable law. This prohibition includes, but is not limited to, screen capturing, recording, or otherwise reproducing any portion of our Services.
7. User-Generated Content
- Our Services may allow you to create, submit, or upload content, such as messages, forum posts, chat logs, player profiles, game modifications, or other materials ("User-Generated Content" or "UGC").
- You are solely responsible for your UGC and the consequences of submitting or uploading it. You are responsible for ensuring that your UGC complies with these Terms and all applicable laws and regulations.
- By submitting or uploading UGC, you grant Empyrean Softworks a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your UGC in any media, whether now known or hereafter created, for any purpose whatsoever, including commercial purposes, advertising, and promotion, without any compensation to you. This license includes the right for us to use your name, likeness, and any other identifying information included in your UGC. You waive any moral rights you may have in your UGC.
- You represent and warrant that you have all necessary rights, title, and interest in and to your UGC to grant us this license, and that your UGC does not infringe upon the intellectual property rights, including copyright, or other rights of any third party, including, but not limited to, privacy rights, publicity rights, or contractual rights. You specifically warrant that you have obtained all necessary permissions, releases, and licenses from any third parties whose materials are included or incorporated into your UGC. You agree to provide us with documentation of such permissions and licenses upon request.
- We have the right, but not the obligation, to monitor, review, edit, remove, or disable access to any UGC that we deem to be in violation of these Terms or otherwise objectionable, including, but not limited to, content that infringes upon the copyrights of others. We may do so without notice to you, and we are not responsible for any loss or damage resulting from such action.
- You agree not to submit or upload any UGC that contains any copyrighted material belonging to others without obtaining their prior written consent and providing us with written documentation of that consent. This includes, but is not limited to, text, images, audio, video, and software.
8. Virtual Items and Currency
- Our Services may include virtual items, such as in-game currency, items, power-ups, skins, or other digital content ("Virtual Items").
- You may be able to purchase Virtual Items with "real world" currency. Your purchase of Virtual Items is final and non-refundable, unless required by applicable law. We reserve the right to change the price of Virtual Items at any time.
- You do not own the Virtual Items. Instead, you purchase a limited, non-transferable, non-exclusive, revocable license to use the Virtual Items within our Services. This license is subject to these Terms and any applicable in-game rules.
- We may modify, suspend, or discontinue any Virtual Items at any time, with or without notice. We will not be liable to you for any loss of Virtual Items, including, but not limited to, loss due to service interruptions, account termination, or changes to our Services.
- You may not transfer Virtual Items to other users, except as expressly permitted within our Services. Any unauthorized transfer of Virtual Items is strictly prohibited and may result in the termination of your account.
- Virtual Items have no "real world" value and cannot be redeemed for cash or other consideration. They can only be used within our Services.
9. Disclaimer of Warranties
- OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- EMPYREAN SOFTWORKS DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- EMPYREAN SOFTWORKS DOES NOT WARRANT THAT THE CONTENT OF OUR SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT.
- YOU USE OUR SERVICES AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICES.
10. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMPYREAN SOFTWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES, OR YOUR INABILITY TO ACCESS OR USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF OUR SERVICES EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. IF YOU HAVE NOT PAID US ANY AMOUNT, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED [Dollar Amount - e.g., $100 CDN].
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to indemnify, defend, and hold harmless Empyrean Softworks, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your access to or use of our Services, your UGC, or your breach of these Terms, including, but not limited to, any claim that your UGC infringes upon the copyright or other intellectual property rights of any third party, or that your use of our Services violates any applicable laws or regulations. This indemnification obligation shall survive the termination of these Terms and your use of our Services.
12. Termination
- We may terminate these Terms and your access to our Services, in whole or in part, at any time, with or without cause, and with or without notice. We may also suspend your access to our Services, temporarily or permanently, for any reason.
- You may also terminate these Terms by discontinuing your use of our Services and deleting your account.
- Upon termination, your license to use our Services will immediately cease, and you must cease all use of our Services. You will not be entitled to any refunds for any Virtual Items or other purchases made through our Services.
- Sections [e.g., 6, 7, 8, 9, 10, 11, 13, 14, 15, 16] of these Terms shall survive any termination.
13. Governing Law
These Terms and any dispute arising out of or relating to these Terms or our Services shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of laws principles. You agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the courts located in Edmonton, Alberta, Canada.
14. Dispute Resolution
- Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of Alberta (ADRIA). The arbitration shall be conducted in Edmonton, Alberta, Canada. The language of the arbitration shall be English.
- You agree to waive any right to a jury trial in any such dispute.
- Any such arbitration shall be conducted on an individual basis only, and shall not be consolidated, joined, or heard together with any other arbitration or proceeding. No class arbitration shall be permitted.
- The decision of the arbitrator shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or other legal rights, including, but not limited to, seeking a temporary restraining order or preliminary injunction.
15. Changes to These Terms
- We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website or through other reasonable means, such as by sending you an email to the email address associated with your account, or by providing a notice within our Services.
- The updated Terms will be effective as of the date indicated in the "Last Updated" date at the top of these Terms.
- Your continued use of our Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using our Services. It is your responsibility to review these Terms periodically for any changes.
16. Miscellaneous
- These Terms constitute the entire agreement between you and Empyrean Softworks regarding your access to and use of our Services, and supersede any prior agreements between you and us relating to the subject matter herein.
- If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect. The parties agree to negotiate in good faith a substitute provision that reflects the original intention of the parties as closely as possible.
- Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without your consent.
- The section headings in these Terms are for convenience only and have no legal effect. They shall not be used to interpret or construe these Terms.
- Unless otherwise specified herein, all notices and other communications to be made under these Terms shall be in writing and shall be deemed to have been duly given when delivered in person, upon transmission if sent by email, or [Number - e.g., five (5)] business days after being sent by certified or registered mail, postage prepaid, return receipt requested, to the addresses set forth in Section 17.
17. Contact Us
If you have any questions about these Terms, please contact us at:
Empyrean Softworks Inc.
admin@empyreansoftworks.com