Utherverse, Inc. operates www.utherverse.com and www.utherverse.io and all affiliated websites and mobile applications (“Utherverse”). These Terms of Use (“Terms of Use”) are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Utherverse (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Utherverse, (“Materials”), and any materials displayed or otherwise shared on Utherverse by you (“Content”). By accessing Utherverse, you accept and agree to our website policies, including these Terms of Use, which are subject to changes at any time. We will provide notice to you of such changes by updating the date above, and you will periodically check for such changes from time to time. Any changes are effective when posted.

I. ACCESSING Utherverse AND USING THE SERVICES

1. Registration

Free Members: All users may register for a single free account on Utherverse (“Free Member(s)”), provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. By using Utherverse, you certify to us that: you are eighteen (18) years of age or older; you are at least the age of majority in your jurisdiction; you have the legal capacity to enter into and agree to these Terms of Use; you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment; and you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
Premium Members: While general access to Utherverse is free of charge, we reserve the right to charge additional fees for access to certain features of Utherverse and to change our fee structure in our absolute discretion. Premium Members may access adult Materials and engage in virtual sexual interactions with other users. All users may register as a Premium Member on Utherverse, provided you meet the requirements set forth herein, otherwise abide by these Terms of Use, and pay a monthly premium membership fee. The current premium membership fee is prominently displayed on Utherverse. All previous fees and offers are void when removed from Utherverse. By purchasing a Premium Membership, you also certify to us that: you are aware of and are not offended by adult content including graphic audiovisual depictions of nudity and sexual activity, whether virtual or real; you are familiar and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors; and you have not been convicted of any criminal sexual offense, and you are not required to register as a sex offender with any government entity.
Virtual Models: Utherverse allows certain users to earn Rays as tips (“Tips”) for their Materials and while performing virtually on Utherverse (“Virtual Model(s)”). If you are a Virtual Model, you must submit valid and current banking information and the necessary age and identity documentation, including a copy of a government-issued picture identification card. If you fail to provide the required information, if we reasonably believe that you have provided false information, or if you fail to agree to these Terms of Use, we may terminate your account. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or approve any Free Member, Premium Member, or Virtual Model or any Materials displayed by our Free Members, Premium Members, or Virtual Models.
If you are a Virtual Model, you further understand and agree that these Terms of Use will not be subject to the terms of any union or guild agreement. You understand and agree that Utherverse is a worldwide network that may be viewed by individuals that may uncover or recognize your true identity. You will release and hold us harmless from any claims arising from identification of you based on your Content. Further, while we may choose to implement features designed to ban specific geographic locations, IP addresses, users or groups of users, you understand and agree that no regional or user ban is foolproof. You understand and agree that your use or implementation of such feature is expressly accepted “as is” with no warranties or guarantees of performance, and that banned users or regions may still be able to access, record, possess and/or distribute your Content.

2. Maintenance

If you provide any false, misleading, incomplete, or otherwise incorrect information to us, or if you fail to promptly update such information to maintain its accuracy and completeness, your membership, account, and discounts are null and void, and you will be responsible for a-la-carte billing for the Services. We have the right to terminate your membership at any time, but you understand that any a-la-carte billing is retroactive if you are terminated for cause. You will not assign, transfer, sell, or share your membership to Utherverse. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.

3. Termination

By You: You may delete your account by clicking “Delete Account” in your account settings.
By Us: We may suspend or delete your account and/or any licenses herein at any time, for any reason, in our sole discretion. If your account is dormant (no longer in use) for longer than ninety (90) days, we reserve the right to immediately remove any and all wUTHER or Rays associated with your account, and to continue to charge a license fee of 20 Rays per month to keep the account active. After the Rays are depleted from your account, we may permanently terminate your account and re-issue your username to another member upon request. We may, in our sole and absolute discretion, permit you to reactivate a temporarily suspended account in certain instances. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
Continued License: You understand and agree that, in the event your account is terminated by you or us, we shall retain a license to use any Content that you have sold to other users, which includes a right to sublicense such Content to any user who has purchased it from you.

II. MATERIALS AND CONTENT

1. Materials

You understand that all we are selling you is access to Utherverse and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Utherverse and/or use the Services. All users may access certain public areas of Utherverse and use the Services and Materials therein, free of charge. We grant all users a limited, nonexclusive, nontransferable personal license to access and use only those Materials provided on free areas of Utherverse for private purposes on a single computer or mobile device that may not be exploited for commercial gain, except as necessary to fulfil the purpose of these Terms of Use in connection with the Content offered for sale by Virtual Models. This free license does not include a license to access or use paid Premium Members-only areas of Utherverse or other paywall-protected Materials, including adult Materials and virtual sexual interactions with other users. If you are a Premium Member, we also grant you a limited, nonexclusive, nontransferable personal license to access Utherverse and use the Services and Materials contained therein, as limited by your membership and/or your additional purchase of certain paid features and upgrades. We reserve the right to limit the amount of Materials viewed and/or Services available to you. Your license to access Utherverse and use the Services and Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, and/or copying of the Materials.

2. Content

While most of the Materials on Utherverse, including any and all virtual characters or property created by you on Utherverse, are our virtual property, we may permit you to submit Content to Utherverse. You retain all ownership rights in the Content you submit to us or otherwise post on Utherverse. However, you shall not have any ownership rights in our Materials including all elements of our virtual world along with characters and property you create using our Services. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to Utherverse non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. We may freely use and otherwise exploit this Content for any purpose.

3. Your Grant of Rights to Us

You grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for Utherverse’s business (and the business of our successors), including for promoting and redistributing any part of Utherverse (and derivative works of it) in any media formats and through any media channels. This license shall include, but is not limited to, the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Utherverse at our sole discretion. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. You are solely responsible for the Content and the consequences of posting the Content to Utherverse. You understand and agree that this license shall survive the termination of your account, whether by you or us, as to any Content that you have sold to other users, and that this license includes a right to sublicense such Content to any user who has purchased it from you.

4. Your Grant to Our Users

You grant each user of Utherverse a worldwide, nonexclusive, royalty-free license to access the Content through Utherverse, and to use, reproduce, display, and perform the Content as permitted through Utherverse and under these Terms of Use.

5. Content Depicting Third Parties

You understand and agree that you may share content that depicts one or more third parties (“Content Depicting Third Parties”), provided:

The Content Depicting Third Parties does not violate any third party’s rights.
Each individual depicted in the Content Depicting Third Parties is registered as a Virtual Model on Utherverse.
Each Virtual Model depicted in the Content Depicting Third Parties is tagged therein.
You have obtained and will maintain government-issued identification documentation confirming that each Virtual Model depicted in the Content Depicting Third Parties is at least eighteen (18) years of age.
You have obtained and will maintain written documentation confirming that each Virtual Model depicted in the Content Depicting Third Parties has consented to (i) being depicted in the Content Depicting Third Parties, and (ii) the Content Depicting Third Parties being publicly distributed on Utherverse.
You will provide this written documentation of consent and any other necessary releases, licenses, or ownership documents to us promptly upon request by us for such documentation.

We may refrain from publicly distributing any Content Depicting Third Parties until all depicted Virtual Models have confirmed their identity and consent to being depicted in the Content Depicting Third Parties and to the Content Depicting Third Parties being distributed on Utherverse. If you produce, or participate in, any Content Depicting Third Parties, we shall only be responsible for compensating the account of the Virtual Model from which the sale of the Content Depicting Third Parties is made. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Content Depicting Third Parties. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and the other Virtual Model(s). We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from all claims arising from Content Depicting Third Parties. You further agree that any claim arising from Content Depicting Third Parties shall be asserted only against the Virtual Model(s) participating or appearing therein, and not against us.

III. BILLING AND PAYMENTS

1. wUTHER and Rays

All users may earn virtual world currencies through game play (“wUTHER”). wUTHER may be used to unlock certain features of the game. wUTHER has no real-world value and cannot be exchanged for cash or other real-world value. In our sole and absolute discretion, we reserve the right to delete wUTHER from any inactive account.

Registered users that provide valid and current payment information may purchase virtual coins that may be used to access Materials posted by Virtual Models and/or to Tip Virtual Models (“Rays”). Rays cannot be used for any gaming or gambling activity on Utherverse. We offer users the opportunity to purchase differing amounts of Rays for differing prices. The price of Rays is displayed on Utherverse, and users may only purchase Rays for the currently displayed price. All previous offers or discounts are unavailable once removed from Utherverse. We bill for subscriptions on an automatic recurring basis. We reserve the right to charge additional fees for access and/or use of Utherverse or any other feature or service thereon, to change our fee structure at our discretion, and to delete Rays from any inactive account, in our sole and absolute discretion.

If you are a Virtual Model, you can receive Tips in the form of Rays from users that wish to access your Content or reward you for activity occurring on Utherverse. It is your sole responsibility to designate which Content is available for free and which Content must be purchased, including setting the Tip price to access and view each piece of Content. If you fail to designate a Tip price, you understand and agree that we may make that Content available to our users free of charge.

Certain users may receive Rays from other users for providing in-world services to those users. The terms of any such arrangement are governed by an independent agreement between you and such user(s), and we will not be party to any such agreement. In our sole and absolute discretion, we may allow you to refund Rays earned for providing in-world services to other users as cash.

2. Payouts

Payout Form: No more than once per week, you may request to exchange all Rays earned as Tips or as payment for providing other in-world services through your account at the current exchange rates by filling out our Application Form for Real World Payment Program . We may require those users wishing to exchange Rays received for in-world services to provide us with a copy of the services contract. In our sole and absolute discretion, we reserve the right to (a) deny any application for real world payment, (b) determine the current exchange rate applied to any approved request to exchange Rays, and (c) delete Rays from any inactive account.
Special Incentives: You understand and agree that we may, from time to time, offer certain increased exchange rates as a signing bonus or other incentives. You understand and agree that we are under no obligation to offer such incentives, and the terms and conditions of such incentive programs remain in our sole and absolute discretion and will be prominently displayed on Utherverse.
Deductions, Withholdings, and Forfeitures: You understand and agree that we may withhold certain earnings and/or make certain deductions from your earnings, for any reason, at any time, without advance warning or notice, including retroactively or if (a) you block a user that has purchased or subscribed to your Content, (b) you cancel, suspend, or delete your account, or otherwise cease to continue using your account, prior to the end of a subscription purchased by a user, (c) your Content violates these Terms of Use, (d) we, in our sole and absolute discretion, issue a refund to a user that has purchased or subscribed to your Content, (e) a purchase or subscription to your Content results in a charge back, (f) you engage in fraud, money laundering, cheating, or other illegal activity, (g) a technical error has occurred, or (h) as required by law. If one of these events occurs, you acknowledge and agree that we may refund the payments to the purchasing/subscribing user, and that we may deduct this amount from your earnings. You shall forfeit any earnings on Utherverse if, due to inaccurate, incomplete, or outdated account information provided by you, we are unable to issue a disbursement to you within six (6) months of the sale related to those earnings.
Disbursements: Upon our approval of your exchange request according to Sections III(1) or III(2) above, we will issue payment to you in your selected payment method for any monies earned during the preceding pay period, minus any processing fees based on your payment selection or otherwise associated with your account, provided you have met the minimum payment threshold. You cannot cash out until you have met the minimum payment threshold. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Terms of Use against any money that we owe to you under these Terms of Use.
Taxes: You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in a breach of these Terms of Use and termination of your account.

3. Account Balances

You understand and agree that (i) your account balance may not be returned or paid to you if Utherverse becomes insolvent, (ii) Utherverse does not pay interest on account balances, and (iii) account balances and transactions are only reported to you through Utherverse, and we are under no obligation to issue any other report regarding your account balance or transactions.

4. Charges to Your Account

You agree to pay any and all fees or account charges related to any fees, Rays, purchases, Tips, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. If your account remains unpaid for more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of one and a half percent (1.5%), or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature(s) or service(s), with or without prior notice to you.

5. Third Party Payment Processing

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Utherverse. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

6. Changes to Your Billing Information

You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing and/or payment for the Services, if applicable. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services, as well as subjecting you to criminal and civil liability.

7. Chargebacks

You are responsible for any credit card chargebacks, dishonored checks, and any related fees that Utherverse incurs with respect to your account, along with any additional fees and/or penalties imposed by our third-party billing agent. If you fail to reimburse us for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of our initial demand for reimbursement, you agree that you will pay us one hundred dollars ($100 USD) in additional liquidated damages as well as any costs incurred by us for each fee incurred. If you make a purchase on Utherverse that results in a chargeback, we may terminate your account. We reserve the right to withhold any funds or proceeds from Virtual Models for the sale of any Content that results in a chargeback.

8. Refunds

You understand and agree that it is our standard policy that purchases and/or fees associated with your account are final and nonrefundable at this time. We reserve the right to address any refund request in our sole discretion.

For refunds related to subscriptions:

If you purchase a subscription, you may cancel the subscription at any time. If you cancel a subscription, you will not be issued a refund, and you will continue to have access to the features related to that subscription until the end of the current billing period.
If you block another user, you will immediately lose access to that user’s Content, even if you have paid for a subscription related to that Content, and you will not be issued a refund.
If you are blocked by a user to whom you have subscribed, you will immediately lose access to that user’s Content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund.

9. Virtual Currency

We may permit you to pay for access to and use of Utherverse and the features thereon using one or more cryptocurrencies, such as Bitcoin. Acceptance of such payment methods is in our sole discretion and may be of limited duration. Any payment in cryptocurrency is irreversible. Any refunds of cryptocurrency payments are at our sole discretion, and, if allowed, may take the form of cryptocurrency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions. By paying for Rays or requesting a withdrawal in cryptocurrency, you acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside our control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. We do not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase or sale on Utherverse.

10. Billing Errors

If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Use.

11. Stolen Cards and Fraudulent Use of Credit Cards

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

12. Anti-Money Laundering

We prohibit and seek to prevent money laundering and the funding of criminal activities. We train our employees to monitor for suspicious transactions on Utherverse and to review transactions that meet certain thresholds. We may provide any evidence of such activities by our users (and your personally identifiable information as detailed in our Privacy Policy www.utherverse.io/privacypolicy) to financial regulators, law enforcement, or as otherwise deemed necessary by us.

We may prevent you from creating an account, suspend or terminate your account, or request additional information from you if (1) you provide fraudulent account or payment information, such as impersonating a third party, (2) one or more of your transactions is flagged, or (3) you are on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch list. If you refuse or fail to provide any requested information in a timely manner, we will terminate your account.

IV. PROHIBITED USES

1. Prohibited Uses for All Users

You agree that you will only use Utherverse, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Use. You may not use Utherverse, the Services, or the Materials for any other purposes without our express prior written consent.

Without our express prior written authorization, you will not:

use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms of Use or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to: (a) laws prohibiting sex trafficking and promotion or facilitation of prostitution; (b) intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing infringing copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of Content you post, share, or upload; (c) laws against obscene, lewd, defamatory, or libelous speech; and (d) laws protecting confidentiality, privacy rights, publicity rights, or data protection.
fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
access Utherverse or use the Services if you are, or are required to be, a registered sex offender in any jurisdiction.
post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise just plain nasty or objectionable, or any content that, in Utherverse’s sole discretion, is otherwise inappropriate.
post, upload, or share Content of a sexual nature that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) scenarios involving lack of consent, including rape, sexual assault, kidnapping, torture, hypnosis, intoxication, violence, sadomasochistic abuse, hardcore bondage, weapons, or asphyxiation; (ii) sexual activity involving minors; (iii) age-play or adult baby/diaper lover Content, (iv) incest; (v) bestiality, including monstrous humanoids or animal-themed sex toys; (vi) necrophilia; (vii) bodily fluids including scat, urine, lactation, vomit, and blood, but excluding semen, female ejaculation, and saliva; (viii) illegal prostitution or human trafficking;
post, upload, or share (i) “revenge porn” defined as any Content containing any individual who has not consented to being depicted in the Content, or to the Content being distributed on Utherverse; (ii) unsolicited sexual Content sent directly to another user or Content that otherwise constitutes sexual objectification of another user in a nonconsensual manner; (iii) Content involving illegal or illicit drugs; (iv) Content depicting or referring to suicide, self-harm, or extreme pain; (v) Content depicting any other illegal behavior or behavior that may be considered obscene under applicable law.
post, upload, or share Content of a sexual nature depicting any person (whether real or imagined) under eighteen (18) years old.
promote or advertise any Content of a sexual nature as depicting any person under eighteen (18) years old, regardless of the actual age of the person(s) depicted and whether the person is real or imagined.
post, upload, or share Content of a sexual nature depicting any person without inspecting and maintaining written documentation sufficient to confirm that all real persons depicted in your Content are at least eighteen (18) years of age or older, consent to being depicted in your Content, and consent to your Content being distributed on Utherverse.
post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the content.
post, upload, or share any employment ads or Content which violates anti-discrimination laws.
post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Use, or use Materials, third-party content, or other Content on the Services for any commercial use.
impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.
if you are a Free Member, send or solicit any sexual Content;
if you are a Premium Member, send unsolicited sexual Content to another user or otherwise engage in nonconsensual sexual objectification of another user.
use emojis, GIFs, or other media to communicate any activity that violates these Terms of Use.
engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
circumvent, disable, damage, or otherwise interfere with the operations of Utherverse, any user’s enjoyment of Utherverse, or Utherverse’s security-related features or features that prevent, limit, or restrict the use or copying of any Materials or Content, or features that enforce limitations on the use of Utherverse or the Content on it, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Utherverse or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
access or use any automated process (such as a robot, spider, scraper, or similar) to access Utherverse in violation of our robot exclusion headers or to scrape all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as Utherverse may otherwise expressly permit).
modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
commercially exploit or make available the Services or the Materials therein to third parties including any action or attempt to “frame” or “mirror” Utherverse.
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

2. Violations of Prohibited Uses

Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to Utherverse or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Use and certain international, foreign, and domestic laws.

3. Additional Prohibited Uses for Virtual Models

Virtual Models must act in the best interests of Utherverse at all times, whether on Utherverse, on third-party websites, or offline. If you are a Virtual Model and violate these additional Prohibited Uses for Virtual Models or any other provision of these Terms of Use, we may delete your account without payment, temporarily suspend or permanently ban you from Utherverse, or take any other action in our sole and absolute discretion. If you are a Virtual Model, you will not, without our express prior written authorization:

attempt to defraud Utherverse or our users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards, misrepresent whether any Content does or will contain nudity or sexual activity, etc.).
fail to honor any lawful representation made to Members in furtherance of selling Content.
release the personal information of any other user of Utherverse or third party without that person’s consent.
solicit or accept payments for travel or in-person meetings.
harass, disparage, defame, or otherwise interfere with Utherverse or its users, nor misrepresent or make any false or misleading statements about the Services.
attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

4. No Prostitution or Sex Trafficking

The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Utherverse or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refund and/or paying out any funds in your account at the time of the offense or deletion.

5. Parental Controls Notice

You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on Utherverse from being displayed or accessed by your children or wards.

6. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD SEXUAL ABUSE MATERIAL

You understand that all depictions on Utherverse are intended to represent persons over the age of eighteen (18). We take great measures to exclude minors from accessing the Services. If you seek any form of child sexual abuse material (“CSAM”) (including so-called “virtual” child pornography), you must exit Utherverse immediately. We do not provide or promote CSAM, and we do not tolerate those who seek CSAM. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on Utherverse by emailing worldops@utherverse.com

7. Reporting Violative Materials or Activities

If you are aware of any Materials on Utherverse or any user engaging in activities that violate these Terms of Use, please email us at worldops@utherverse.com with as much detail as possible, including a description of the objectionable Materials or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable Materials or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Virtual Model, you must report all violative Materials and suspicious activity to us. We may consider you complicit in any violative activity of which you were aware but failed to report.

8. Cooperation with Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in Utherverse receiving a subpoena, discovery request, production order, search warrant, or court order that causes Utherverse to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

V. DISPUTE RESOLUTION AND DAMAGES

1. Governing Law and Venue

These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use shall be governed by the laws of British Columbia, Canada, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in British Columbia. All parties to these Terms of Use agree that all actions or proceedings arising in connection with these Terms of Use or any services or business interactions between the parties that may be subject to these Terms of Use shall be brought exclusively in British Columbia. The parties agree to exclusive jurisdiction and venue in, and only in, British Columbia. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Terms of Use in a jurisdiction other than that specified in this paragraph. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Use whatsoever. All parties stipulate that the courts located in British Columbia shall have personal jurisdiction over them for resolution of any disputes. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Use. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in British Columbia or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

2. Class Action Waiver

You hereby waive any right or ability to initiate any class action or collective proceeding.

3. Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

4. Provisions with Stipulated Liquidated Damages

In various provisions in these Terms of Use, we have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In doing so, you acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.

5. Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual or liquidated damages themselves. You agree that you will pay these fees and costs.

6. Additional Dispute Resolution Provisions for Virtual Models

If you are a Virtual Model, you agree to these additional dispute resolution provisions:

Opportunity to Comply in Good Faith: You will allow Utherverse a reasonable opportunity to comply before you bring any claim that Utherverse has not met the obligations under these Terms of Use. You will attempt in good faith to resolve all disputes, disagreements, or claims relating to these Terms of Use.
Jury Trial Waiver: You waive any right to a trial by jury for any dispute related to the subject matter of these Terms of Use. You further agree that this waiver will be enforceable up to and including the day that the trial is to start.
Arbitration: Any controversy or claim arising out of or relating to this Agreement shall be determined by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be Vancouver, British Columbia, Canada.

VI. DISCLAIMERS

1. We Disclaim All Warranties

We provide access to Utherverse and use of the Services “as is” and “with all faults.” We make no warranty that Utherverse or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Utherverse or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. Utherverse makes no warranty regarding any goods or services purchased or obtained through Utherverse or any transaction entered into through Utherverse. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade.

2. Changes and Updates to Utherverse

Utherverse may change and/or remove any or all of the information or the Materials found thereon at any time for any reason. Utherverse makes no commitment to update the information or the Materials thereon.

3. Use at Your Own Risk

You expressly agree that access to Utherverse and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Utherverse, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Utherverse is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

4. Registered Sex Offenders and Safety Tips

While we prohibit access to Utherverse and use of the Services by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, meetings, or interactions with other users. Consider the following online safety tips:

Anyone who can commit identity theft can also falsify an online profile.
There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.

5. No Responsibility for User-Generated Materials

We expressly disclaim all liability for any user-generated Content in the Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated Content in the Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these Terms of Use, at any time, for any reason, with or without prior notice. If we choose to monitor Utherverse at any time, we assume (1) no responsibility for the Materials, (2) no obligation to modify or remove any inappropriate Materials, and (3) no responsibility for the conduct of the user submitting those Materials.

6. No Responsibility for Third Parties

We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by another person through Utherverse or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

7. Third-Party Links

We may link to websites or resources owned and operated by third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor endorse the goods or services provided on third-party links. You agree to hold Utherverse harmless from any and all damages and liability that may result from use of third-party links that appear on Utherverse and any content, advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the terms and conditions of those third parties, not by these Terms of Use or our other policies. We reserve the right to terminate any link at any time.

8. Offensive Materials

Utherverse contains material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing content they may deem offensive, and you agree to cease accessing Utherverse and using the Services should you find them offensive.

9. Violations of Law

Access to Utherverse and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Utherverse and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

VII. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Utherverse, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Utherverse or the Materials, or any breach of these Terms of Use by you or another person under your authority. Utherverse shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

VIII. LIMITATION OF LIABILITY

You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Utherverse including claims relating to the following:

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, revenge porn law violations, any financial loss not due to the fault of Utherverse, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Utherverse, unavailability of Utherverse, its functions and/or Services and any other technical failure that may result in inaccessibility of Utherverse, or any claim based on vicarious liability for torts committed by individuals met on or through Utherverse and Services, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Utherverse, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

We expressly disclaim any liability or responsibility to you for any of the following:

Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;
Any third party’s unauthorized access to or alterations of your account, transmissions, or data;
Any interruption or cessation of transmission to or from Utherverse;
Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Utherverse by any person;
Any incompatibility between Utherverse and your other services, hardware, or software;
Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Utherverse;
Any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted, or otherwise made available through Utherverse; and
Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Utherverse to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.

IX. INTELLECTUAL PROPERTY

1. Patents

We own and aggressively defend numerous patents. Our patents shall not be used without our express written consent, and our patents must be used in accordance with the terms of any license applicable to such use, including these Terms of Use.

2. Trademarks

Utherverse® is our brand name and registered trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Utherverse may not be used publicly except with express written permission from Utherverse, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Utherverse.

3. Copyrights

The Materials are Utherverse’s proprietary information and valuable intellectual property. We retain all rights, title, and interest in the Materials. Utherverse, the Materials, and our software are protected by copyright law. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Utherverse, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Use violates Utherverse’s intellectual property rights.

4. Notification of Copyright Infringement

We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Utherverse, and we will remove all Content and submissions if properly notified that the Content or submission infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Utherverse, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to subscribers upon request. Information regarding submission of a notice of infringement under the DMCA can be found here: www.utherverse.io/dmca

X. GENERAL PROVISIONS

1. Amusement Purposes

You understand and accept that Utherverse provides an entertainment and recreational service for amusement purposes only. Any user accessing Utherverse or using the Services in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these Terms of Use.

2. Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to offer Utherverse to you. You understand and agree that you must agree to and abide by any Terms of Use, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

3. Assignment and Delegation

We may assign any rights or delegate any performance under these Terms of Use without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

4. Severability

If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

5. Cumulative Remedies

All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

6. Successors and Assigns

These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.

7. Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

8. Notices

Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on Utherverse, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at worldops@utherverse.com Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, and/or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

9. Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Utherverse shall be deemed to be readily accessible to the general public. You will not use Utherverse to transmit any communication for which you intend only you and the intended recipient to read. Notice is hereby given that all messages entered into Utherverse may be read by the agents and operators of Utherverse, regardless of whether they are the intended recipients of such messages.

10. Authorization and Permission to Send Emails to You

You authorize us to email you notices, advertisements, and other communications. If you are a Premium Member, you understand and agree that such communications may contain adult Materials and language, including images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

11. Consideration

We allow you to access and use Utherverse, the Services, and the Materials in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Utherverse.

12. Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through Utherverse. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

13. Revisions

From time to time, we may revise these Terms of Use. We reserve the right to do so, and you agree that we have this unilateral right. You agree that all modifications or changes to these Terms of Use are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this web page on a frequent basis, and to use the “Refresh” or “Clear Cache” button on your browser when doing so. You agree to note the date of the last revision to these Terms of Use. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has been changed since the last time you read them. If the “Last Updated” date has changed, then you can be certain that something in these Terms of Use has been changed, and you agree that you will re-review these Terms of Use in their entirety and that you will agree to their terms or immediately cease use of any websites covered by these Terms of Use.

14. Waiver of Right to Review Amended Terms

If you fail to re-review these Terms of Use as required to determine if any of the terms have changed, you assume all responsibility for such omission and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights.

15. English Language

We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.

16. Export Control

You understand and acknowledge that the software elements of the Materials on Utherverse may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

17. No Agency Relationship

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

18. Usages

In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:

References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
“Including” means “including, but not limited to.”

19. No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Use.

20. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.

21. Other Jurisdictions/Foreign Law

We make no representation that Utherverse, the Services, or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal is otherwise prohibited. Those who choose to access Utherverse and the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that Utherverse is subject to the laws of any nation besides Canada.

22. Service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside and/or from which you access Utherverse. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or use Utherverse while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. Utherverse makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Utherverse, nor shall any person affiliated, or claiming affiliation, with Utherverse have authority to make any such representations or warranties. We reserve the right to restrict access to Utherverse in any jurisdiction.

23. Apple Users

If you download our Apple mobile application (“Apple App”), the following apply to you:

Both parties acknowledge that these Terms of Use are between you and us only, and not with Apple, and we, not Apple, are solely responsible for Utherverse and the Materials.
We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by Apple’s Terms of Use, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms of Use or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Use do not limit our liability to you beyond what is permitted by applicable law.
Both parties acknowledge that, in the event of any third-party claim that the Apple App or your possession and/or use thereof infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may send questions, complaints, and claims related to the App to:

Utherverse, Inc.
3827 S Carson St
#196
Carson City, NV 89701
United States
support@utherverse.com
You must comply with applicable third-party terms of agreement when using the Apple App.
Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

24. Google Users

If you access or use Utherverse through the Google Play Store, you agree to the following additional terms of use required by Google:
https://play.google.com/intl/en_us/about/play-terms.html.

24. Entire Agreement

These Terms of Use, along with any incorporated terms, and any other legal notice or agreement published by us on Utherverse, forms the entire agreement between you and us concerning your use of Utherverse. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Utherverse. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Utherverse Terms of Use

Last Updated: September 20, 2023