Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are a legal agreement between you and Living Realms, Inc., a Texas corporation (“Living Realms,” “we,” “us,” or “our”). By accessing or using our Services — including our marketing website at playlivingrealms.com, the email waitlist, and the Living Realms game and related products once they are available — you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Services.

2. Definitions

• Services — the Site, the Game, and any other products or features offered by Living Realms.
• Site — the Living Realms marketing website at playlivingrealms.com.
• Game — the Living Realms multiplayer game and any related client and server software.
• Account — a registered user account used to access the Game or other Services.
• Content — any text, imagery, audio, code, or other material made available through the Services.
• User Content — Content that you submit, upload, create, or make available through the Services.
• Virtual Items — any in‑game currency, items, cosmetics, or other digital entitlements offered through the Game.
• You or user — the person accessing or using the Services.

3. Eligibility

You may use the Services only if you:

• are at least 13 years old;
• if between 13 and the age of majority in your jurisdiction (typically 18), have a parent or legal guardian who has reviewed and agreed to these Terms on your behalf;
• are not a resident of, or located in, any country subject to a comprehensive United States embargo, and are not on any United States government restricted‑parties list;
• have not been previously banned from the Services.

4. Accounts

Some Services, including the Game when available, require you to register an Account. You agree to:

• provide accurate, current, and complete registration information and keep it updated;
• create and use only one Account unless we give you written permission otherwise;
• keep your credentials confidential, take reasonable steps to prevent unauthorized access, and notify us promptly at legal@playlivingrealms.com if you suspect any compromise;
• accept responsibility for all activity that occurs under your Account;
• not sell, trade, rent, or otherwise transfer your Account.

5. Acceptable use & prohibited conduct

You agree not to use the Services to do any of the following, and not to assist others in doing them:

• harass, threaten, stalk, bully, or engage in hateful conduct toward other users or our staff;
• cheat, exploit bugs, use unauthorized third‑party software to gain an advantage in the Game, or interfere with fair play;
• reverse engineer, decompile, or disassemble the Services, except to the extent that applicable law prohibits such restriction;
• scrape, crawl, or use bots, automation, or other unauthorized means to access or interact with the Services;
• circumvent bans, suspensions, rate limits, or other access controls;
• impersonate any person or misrepresent your affiliation with a person or entity;
• upload or transmit material that infringes intellectual property, privacy, publicity, or other third‑party rights;
• upload or transmit any content that sexualizes minors, which is strictly prohibited and will result in immediate account termination and, where required by law, reporting to the National Center for Missing & Exploited Children or equivalent authorities;
• distribute malware, spyware, phishing links, spam, or other harmful code;
• incite or threaten real‑world violence;
• violate any applicable law or regulation.

6. User Content & the creator ecosystem

You retain ownership of your User Content. The creator ecosystem is at the heart of what Living Realms is building, and we do not take your creative work away from you.

By submitting User Content to the Services, you grant Living Realms a worldwide, non‑exclusive, royalty‑free, sublicensable, and transferable license to host, store, cache, reproduce, modify, create derivative works of, publicly perform, publicly display, translate, and distribute your User Content, in whole or in part, in any media now known or later developed, solely in connection with operating, promoting, and improving the Services and enabling other users to interact with your User Content.

This license ends when you delete your User Content, except that it survives to the extent reasonably necessary to continue offering User Content that other users have already viewed, experienced, built upon, or cached. Living Realms may continue to retain copies of your User Content in routine backups after deletion for a commercially reasonable period, after which those copies will be overwritten.

You represent and warrant that you own or have the rights necessary to grant this license, that your User Content does not infringe any third‑party rights, and that your User Content complies with these Terms, including Section 5.

We are not obligated to pre‑screen User Content, but we may review, remove, or refuse to display User Content that we believe, in our reasonable judgment, violates these Terms.

7. Virtual items & in‑game currency

If and when Virtual Items are offered through the Game:

• Virtual Items are licensed, not sold. You receive a limited, personal, non‑transferable, revocable license to use them within the Game.
• Virtual Items have no monetary value and cannot be redeemed for cash or any other thing of real‑world value.
• Virtual Items are non‑transferable outside the Game and may not be sold, traded, or exchanged outside of mechanics we provide within the Game.
• Virtual Items may be revoked for violations of these Terms, for illegal activity, or for fraudulent purchases.
• We may modify, remove, or discontinue Virtual Items with reasonable advance notice where feasible, including in connection with balance changes, feature changes, or the wind‑down of the Game.
• All purchases are final, except where applicable law requires refunds (for example, statutory cooling‑off periods in some jurisdictions).

8. Early access & pre‑release disclaimer

The Services, including the Game, may be offered in alpha, beta, preview, early‑access, or other pre‑release states. You understand that:

• features may be incomplete, change substantially, regress, or be removed without notice;
• account and character data may be reset during development milestones;
• no service‑level or uptime commitments apply to pre‑release Services; and
• feedback you submit about pre‑release Services may be used by Living Realms without obligation or compensation.

9. Our intellectual property

The Services, including the Living Realms name and logo, the Game, the Site, the software, artwork, audio, characters, designs, text, trade dress, and all related Content (excluding User Content), are owned by Living Realms, Inc. or its licensors and are protected by copyright, trademark, and other intellectual‑property laws.

Subject to these Terms, we grant you a limited, personal, non‑exclusive, non‑transferable, non‑sublicensable, and revocable license to access and use the Services for their intended purpose. No other rights are granted. You may not use our intellectual property for commercial purposes without our prior written permission, except where fair use or a similar doctrine applies under applicable law.

10. DMCA / copyright complaints

We respect intellectual‑property rights. If you believe material on the Services infringes your copyright, send a written notice to our designated copyright agent that complies with 17 U.S.C. § 512(c)(3):

Designated Agent: Legal Department, Living Realms, Inc.
12600 Hill Country Blvd, Ste R130 #5221
Austin, TX 78738, USA
legal@playlivingrealms.com

Your notice must include:

1. a physical or electronic signature of the rights owner or authorized agent;
2. identification of the copyrighted work claimed to be infringed;
3. identification of the allegedly infringing material and information reasonably sufficient to locate it;
4. your contact information;
5. a statement that you have a good‑faith belief that the use is not authorized by the copyright owner, its agent, or the law;
6. a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner.

We will respond to valid notices in accordance with the DMCA, including by forwarding counter‑notices to the submitter of the original notice. We maintain a repeat‑infringer policy: accounts that are the subject of repeated valid infringement notices may be terminated.

11. Termination

We may suspend or terminate your access to the Services, close your Account, or remove User Content, with or without notice, if we believe in good faith that you have violated these Terms, posed a risk to other users or to Living Realms, engaged in fraud, or if we are required to do so by law.

You may stop using the Services and close your Account at any time.

Sections that by their nature should survive termination will survive, including Sections 6 (to the extent described there), 9, 10, 12, 13, 14, 15, 16, 20, and 21.

12. Disclaimers

The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non‑infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that the Services will be uninterrupted, timely, secure, or error‑free; that defects will be corrected; or that any Content, including User Content, will be accurate, reliable, or preserved.

Some jurisdictions do not allow the exclusion of certain warranties. If that is the case in your jurisdiction, the exclusions above apply only to the maximum extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by law, in no event will Living Realms, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Services, even if advised of the possibility of such damages.

Living Realms’ aggregate liability to you for all claims arising out of or relating to the Services will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amounts you paid to Living Realms during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or (for EU consumers) for gross negligence or willful misconduct. For consumers resident in the EU/EEA and UK, your statutory rights as a consumer remain unaffected.

14. Indemnification

You agree to defend, indemnify, and hold harmless Living Realms, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content; (b) your use of the Services; (c) your breach of these Terms; or (d) your violation of any law or of the rights of any third party.

15. Binding arbitration & class‑action waiver

Please read this section carefully. It limits how you can pursue disputes against Living Realms.

15.1 Agreement to arbitrate

You and Living Realms agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding individual arbitration, and not in a court of general jurisdiction, except as described in Sections 15.3 and 15.4. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 15, except that a court may decide whether a claim falls within the small‑claims carve‑out in Section 15.3.

15.2 Arbitration rules and forum

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The AAA’s rules are available at adr.org. The seat of arbitration is Austin, Travis County, Texas. If you are an individual consumer located outside Travis County, any arbitration hearing that cannot be conducted by video conference will be held in the federal judicial district in which you reside, unless you and Living Realms agree otherwise. The arbitrator’s award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Small‑claims carve‑out

Either party may bring an individual action in small‑claims court for Disputes within that court’s jurisdiction, so long as the action remains in that court, is brought on an individual basis, and is not removed or appealed to a court of general jurisdiction.

15.4 Injunctive relief for intellectual property

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop the actual or threatened infringement, misappropriation, or violation of that party’s intellectual‑property rights.

15.5 Class‑action waiver

You and Living Realms 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, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

15.6 30‑day opt‑out

You may opt out of this Section 15 by sending written notice to legal@playlivingrealms.com within 30 days of first accepting these Terms (or, if this Section is later added or materially amended, within 30 days of the change taking effect). Your notice must include your name, your account identifier or waitlist email address, the mailing address associated with your use of the Services, and a clear statement that you want to opt out of this arbitration provision. Opting out of arbitration has no other effect on these Terms.

15.7 Severability

If the class‑action waiver in Section 15.5 is found to be unenforceable, then the entirety of this Section 15 will be null and void, and the Dispute will be resolved in the courts identified in Section 16. If any other portion of this Section 15 is found unenforceable, it will be severed and the remainder of this Section 15 will continue in effect.

16. Governing law & venue

These Terms are governed by the laws of the State of Texas, excluding its conflict‑of‑law principles, and by applicable United States federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the arbitration provision in Section 15, you and Living Realms consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas for any Dispute not subject to arbitration.

Nothing in this Section overrides a mandatory consumer‑protection law of the country in which you reside, to the extent that law grants you rights that cannot be contracted away.

17. Export control & sanctions

You may not use, export, re‑export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, the Services may not be used in or by nationals or residents of any country or territory subject to a comprehensive United States embargo, or by any party appearing on any United States government restricted‑parties list.

18. Force majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, severe weather, internet or infrastructure outages, cyber attacks, armed conflict, acts of terrorism, epidemics, pandemics, or government action. This does not affect your right to statutory refunds where applicable law requires them.

19. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will notify Account holders by email and post a notice on the Site. The “Last updated” date at the top of this page reflects the most recent revision. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Services.

20. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for specific Services, are the entire agreement between you and Living Realms regarding the Services and supersede any prior agreement on the subject.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of that provision or any other provision.
• No assignment by you. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent; any attempted assignment without consent is void. Living Realms may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Headings are for convenience only and do not affect interpretation.
• Language. The English‑language version of these Terms is the controlling version; any translation is provided for convenience.
• Third‑party beneficiaries. These Terms do not create any third‑party beneficiary rights.

21. Contact

Questions about these Terms can be sent to:

Living Realms, Inc.
Attn: Legal Department
12600 Hill Country Blvd, Ste R130 #5221
Austin, TX 78738, USA
legal@playlivingrealms.com