Terms of Service
1.1 “Account” means an account you create when you access the Services.
1.2. “Community Rules” means the rules of conduct that govern your interaction with our Services and other players.
1.3. “Content” means any information, text, graphics, photos or other materials uploaded, downloaded or appearing in any form on or within the Services.
1.4. “Feature Terms” means any other rules related to specific services, such as platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms of Services.
1.5. “Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Palatar.com may offer from time to time to certain eligible players.
1.6. “Services” means our games, products, services, content, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, domains or websites operated by Palatar.com including but not limited to Palatar.com, and other covered services that link to these Terms.
1.7. “Terms of Service” or “Terms” means these Terms of Service.
1.8. “User” means any person(s) that access, enter and/or use the Services in any form whatsoever.
1.9. “User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.
1.10. “Virtual Items” means (a) virtual currency, including but not limited to virtual coins, cash, tokens, gold, diamond or points, all for use in the Services and (b) virtual in-game items.
1.11. “Palatar.com”, “we”, “our” or “us” means Palatar.com Limited.
1.12. “Palatar AI Corp” means Palatar.com Limited’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors.
1.13. “Palatar.com Affiliates” refers to the Palatar AI Corp and the Palatar AI Corp’s third-party content providers, distributors, licensees, or licensors.
2. ACCOUNT INFORMATION, PRIVACY AND SECURITY
2.4. You agree to supply Palatar.com with accurate, complete, and up-to-date information, particularly your email address.
2.5. You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.
2.6. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Palatar.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
2.7. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.
3. BASIC TERMS
3.1. You are responsible for your use of the Services, for any User Content you upload, transmit, create, or generate on or through the Services, and for any consequences thereof. Most User Content is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide User Content that you are comfortable sharing with others under these Terms.
3.2. You may use the Services only if you can form a binding contract with Palatar.com and are not a person barred from receiving services under the laws of any applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
3.3. Palatar.com provides Services to users only for personal, non-commercial and entertainment purposes. You agree not to violate terms and conditions set in this Terms of Service. You also agree not to use the Services for any other purpose and agree that Palatar.com will have no liability to you for any damage or loss arising from unauthorized uses. You agree to only use the Services, or any part of it, in a manner that is consistent with these Terms and you SHALL NOT:
3.4. In case of closure of the User’s account due to the breach of the Terms in paragraph 3.3 above, the user is prohibited from creating new accounts. Any attempt to create an account after being banned from Palatar.com will be considered a breach of this Agreement and will result in immediate closure of such accounts.
3.5. Service Changes and Limitation
3.6. To access or play our games or create an Account with us, we may need your email address and/or social network account, such as Facebook account. You may need to update third-party software from time to time to receive the Services and play Palatar.com’s Games.
3.7. We provide the Games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.
3.10. We may provide limited-time promotions and offers and the corresponding official rules or Feature Terms (if any) associated with any promotions and offers will apply in addition to these Terms. For the avoidance of doubt, we are not required to give, and you are not required to accept, any such offers. These offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the offer. Some offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any offer, you assume all liability associated with the offer.
3.11. We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas.
3.12. You acknowledge and agree that Palatar.com may update the Service with or without notifying you. Palatar.com may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. Palatar.com conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service may not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to Palatar.com when the problem is encountered by contacting care@Palatar.com.
4.1. Ownership of the Services
4.2. Ownership of the Account and Virtual Items
4.3. Monitoring Use of Services and User Content
5. YOUR DEALINGS WITH OTHER PLAYERS
5.1. You are responsible for your interactions with other players in accordance with the Community Rules. If you have any dispute with another player, we are not required to get involved, but we reserve the right to do so.
5.2. You acknowledge that should you have a dispute of any nature with another player, you release Palatar.com, the Palatar AI Corp, and all Palatar.com Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.
6.2. You agree that we are allowed to provide links in our Game or on the Services to third-parties who may invite you to participate in a promotional offer and offer you some feature of the Services or upgrade in exchange. Any such offers should you choose to accept is your sole responsibility.
6.3. No responsibility is assumed by us for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not responsible for any claim relating to any content, goods, and/or services of third parties.
6.4. You understand that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.
7. WARRANTY DISCLAIMER
7.1. Due to the nature of the Internet, the Service is provided on an "as is" and "as available" basis. No promises or guarantees are made by Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates that the Services or any content on them will always be available, uninterrupted, or error-free. We reserve our rights to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
7.2. You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that Palatar.com does not screen or inquire into the background of any users of the Service, nor does Palatar.com make any attempt to verify the statements of users of the Service. Palatar.com make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the Service. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service, particularly if you decide to meet offline or in person.
7.3. To the extent permitted by applicable law, Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates make no warranties, conditions, or other terms of any kind, either express or implied, about the Services. Palatar.com, the Palatar.com Capital Corporation, and the Palatar.com Affiliates disclaim any warranties of title or implied warranties, conditions, or other terms of non-infringement, merchantability, quiet enjoyment, or fitness for a particular purpose. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.
8. LIMITATIONS & WAIVER OF LIABILITY
8.1. You agree that that Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates are not liable:
8.2. The risk of using the Services rests entirely with you as does the risk of injury from the Services.
8.3. We will not be liable for any damages beyond the amount paid to Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates in the thirty (30) days immediately preceding the date on which you first assert any such claim. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations are limited to the maximum extent permitted by applicable law in such countries or jurisdictions.
8.4. If no payment has been made by you to Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates in the thirty days (30) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates is to stop using the Services and to cancel your Account.
You agree to indemnify, save, and hold Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein. Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify with Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates, and you agree to cooperate with Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates defense of these claims. Palatar.com, the Palatar AI Corp, and the Palatar.com Affiliates will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of your Account (if applicable) or of your access to or use of the Service.
10. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
10.1. Before bringing any formal legal action, you must first contact our Customer Support team at care@Palatar.com. Such written notification must include
10.2. All disputes, controversies or differences which may arise between you and us in respect of these Teshould be settled amicably through negotiation in good faith between you and us.
10.3. In the event that the dispute cannot be resolved, you and Palatar.com both agree to arbitrate:
11. APPLICABLE LAW
11.1. If you are located in the United States, you agree that these Terms affect interstate commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 10 of these Terms. In addition, these Terms and our relationship will be governed by New York law, except for its conflicts of laws principles.
11.2. If you are located anywhere other than the United States, these Terms and our relationship will be governed Canadian law, except for its conflicts of laws principles.
12. SEPARATION OF TERMS
14. ENTIRETY OF AGREEMENT
16. NO WAIVER
18. FORCE MAJEURE
19. AMENDMENTS TO THESE TERMS
19.3. If the Terms have any provisions or information that conflict with other Palatar.com terms or policies, the Terms as applicable shall prevail.
20.1. The headings in this Terms of Service are inserted for convenience only and shall not be taken, read and construed as essential parts of this Terms of Service.
20.2. References to clauses unless otherwise stated are to be construed as references to clauses of this Terms of Service.
20.3. All references to provisions of statutes include such provisions as modified or re-certified or re-enacted.
20.4. Words applicable to natural persons include any body of persons, company, corporation, firm or partnership, corporate or incorporate and vice versa.
20.5. Words importing the masculine gender shall include the feminine and neuter gender and vice versa. Words importing the singular number shall include plural number and vice-versa.
20.6. These Terms shall be binding upon your assignee and successor-in-title of the Account.