CRITICAL NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT SUBSTANTIALLY ALTER YOUR LEGAL RIGHTS, INCLUDING WAIVING THE RIGHT TO LITIGATE IN COURT OR PARTICIPATE IN CLASS ACTIONS. PLEASE REVIEW THESE TERMS THOROUGHLY BEFORE ACCESSING OR USING OUR SERVICES.
1.1 What This Agreement Covers
This Terms of Use ("Agreement") is a legally binding contract between you ("User," "you," or "your") and Arshia Mart ("Company," "we," "us," or "our"). It governs your entire interaction with our digital ecosystem (collectively "the Services"), which includes:
• Official websites, mobile applications, and web-based tools;
• Application Programming Interfaces (APIs) and integrations;
• User accounts, profiles, and associated data;
• Gameplay features, virtual worlds, and interactive content;
• Customer support, technical assistance, and community services;
• All digital assets, content, and updates provided through our platform.
By engaging with any part of the Services (including registering an account, downloading the app, or browsing the website), you confirm full understanding and unconditional acceptance of all terms herein. If you disagree with any provision, you must cease all use of the Services immediately.
1.2 How We May Modify This Agreement
We reserve the exclusive, unilateral right to revise, update, or replace any part of this Agreement at any time. For changes that materially impact your rights (e.g., eligibility rules, liability limits, dispute resolution), we will notify you through:
• Direct email to your registered account address;
• Prominent in-app or website banners (visible on login or homepage);
• A dedicated update notice in your account dashboard.
Modifications take effect on the date specified in the notice (or immediately for non-material changes). Your continued use of the Services after the effective date constitutes irrevocable acceptance of the revised Agreement.
2.1 Who Can Use the Services?
To access or use the Services, you certify and warrant that:
• You are at least 18 years old, or have reached the "age of majority" in your jurisdiction (whichever is higher);
• You are not a resident of, nor physically located in, any prohibited region (currently Washington, Idaho, Quebec, and Ontario);
• You maintain only one active account (no multiple or duplicate accounts, regardless of email/device);
• You provide accurate, verifiable registration information (matching government-issued ID) and update it promptly if it changes;
• You use the Services solely for personal, non-commercial entertainment—no business, promotional, or resale purposes.
We may refuse service to anyone at our discretion, including if we suspect false eligibility claims.
2.2 How We Verify Compliance
We use advanced systems to ensure adherence to eligibility rules, including:
• Multi-layered geolocation tracking (GPS, IP address, carrier data) to confirm physical location;
• Third-party identity verification tools (cross-referencing name, address, and government IDs);
• Behavioral analytics to detect suspicious patterns (e.g., multiple accounts from the same device);
• Payment method validation (ensuring financial details match account holder information);
• Device fingerprinting to prevent account sharing or unauthorized access.
Non-compliance may result in immediate account suspension, termination, or forfeiture of assets—no prior notice required.
2.3 Your Responsibility for Account Security
You are solely accountable for protecting your account, including:
• Creating a strong, unique password (not used for other platforms) and enabling two-factor authentication (if available);
• Keeping account information (email, phone number) up-to-date to receive security alerts;
• Preventing unauthorized access (never share login credentials with others);
• Reporting suspected breaches (e.g., unknown login activity) to customer support immediately;
• Securing the device(s) used to access the Services (e.g., enabling passcodes, updating software).
We are not liable for losses or damages caused by your failure to maintain account security.
2.4 Account Inactivity & Termination
• Inactivity Policy: Accounts with no login activity for 60 consecutive days are classified as "inactive." Inactive accounts may be permanently closed, with all associated data (including virtual currency, game progress, and achievements) deleted.
• Termination Consequences: If your account is terminated (voluntarily or involuntarily), you lose all access to the Services and any account-related entitlements. No refunds, transfers, or reinstatements of virtual assets will be provided.
• Voluntary Closure: To close your account, submit a verified request through customer support. Closure is irreversible—all data will be deleted per our Privacy Policy.
3.1 Limited License to Use the Services
We grant you a non-transferable, non-sublicensable, revocable license to use the Services only if you comply with this Agreement. This license allows you to:
• Access and use the Services on supported devices (web browsers, authorized mobile operating systems);
• Use virtual currency (e.g., Gold Coins) and digital assets solely within the Services ecosystem;
• Engage with gameplay and content for personal entertainment.
This license does not give you ownership of any part of the Services—all rights remain with the Company.
3.2 What You Don't Own
All intellectual property related to the Services is the exclusive property of the Company or our licensors, including:
• Software, code, and algorithms;
• Trademarks, logos, and brand assets;
• Game designs, characters, and storylines;
• Virtual currency, digital items, and in-game content;
• User interface elements and visual/audio materials.
No provision of this Agreement transfers ownership rights to you—you only receive limited use privileges.
3.3 Prohibited Activities (Zero Tolerance)
You agree to never engage in, or assist others with, the following activities:
• Selling, renting, or commercially exploiting virtual currency, accounts, or digital assets (e.g., on third-party marketplaces);
• Transferring, gifting, or bequeathing accounts or assets to another person (including inheritance claims);
• Using bots, scripts, hacks, or unauthorized software to access the Services, automate gameplay, or gain unfair advantages;
• Reverse engineering, decompiling, or modifying the Services' software or code;
• Scraping, harvesting, or collecting data from the Services without explicit permission;
• Circumventing geographic restrictions, access controls, or security measures.
Violations will result in immediate account termination, legal action, and potential liability for damages.
4.1 License for Content You Submit
When you post, upload, or share content through the Services (e.g., comments, feedback, user-generated media), you grant the Company a perpetual, worldwide, royalty-free, fully sublicensable license to:
• Use, reproduce, and modify the content for any business purpose (e.g., improving the Services, marketing);
• Distribute and display the content across any media channels (now or in the future);
• Commercialize the content without additional compensation to you.
You retain ownership of your original content but waive any right to restrict our use of it (subject to our Privacy Policy).
4.2 Content You Can't Submit
You agree to never share content that:
• Infringes on others' intellectual property (copyrighted material, trademarks, or trade secrets);
• Is defamatory, harassing, threatening, abusive, or discriminatory (based on race, gender, religion, etc.);
• Contains spam, unsolicited advertising, or pyramid schemes;
• Includes malware, viruses, phishing links, or other harmful code;
• Violates applicable laws (e.g., child exploitation, illegal activities, privacy regulations);
• Is misleading, false, or designed to harm others.
We reserve the right to remove prohibited content without notice and may terminate your account for repeated violations.
5.1 The Services Are Provided "As Is"
We make no warranties about the Services—express or implied. To the fullest extent allowed by law, we disclaim:
• Warranties of merchantability (that the Services will meet your expectations);
• Fitness for a particular purpose (that the Services will work for your intended use);
• Non-infringement (that the Services won't violate third-party rights);
• Uninterrupted or error-free operation (the Services may have downtime or bugs);
• Compatibility with your devices or software (we don't guarantee support for all hardware/OS versions).
You use the Services at your own risk—we are not liable for issues caused by your device, internet connection, or third-party services.
5.2 What We're Not Liable For
We shall not be responsible for any damages or losses resulting from:
• Service outages, slowdowns, or technical glitches;
• Data loss, corruption, or transmission errors;
• Failures of third-party infrastructure (e.g., internet providers, cloud hosts);
• Gameplay disruptions (e.g., bugs, server maintenance);
• Unauthorized access to your account (unless caused by our gross negligence);
• Your reliance on the Services for any purpose beyond personal entertainment.
5.3 Our Liability Is Capped
Our maximum total liability to you for any claims related to this Agreement or the Services shall not exceed the total amount you paid to us in the 6 months before the claim arose. We are not liable for indirect, incidental, consequential, or punitive damages (e.g., lost profits, emotional distress).
You agree to defend, indemnify, and hold harmless the Company, our affiliates, officers, employees, and agents from any and all claims, damages, costs, or expenses (including attorney fees) arising from:
• Your violation of this Agreement or any applicable laws;
• Your misuse of the Services (e.g., prohibited activities, sharing harmful content);
• Your infringement of third-party rights (e.g., copyright, privacy);
• Unauthorized access to your account (resulting from your negligence);
• Any harm caused to others by your use of the Services.
We reserve the right to take over the defense of any such claim, and you agree to cooperate with our legal team.
7.1 Governing Law
This Agreement is governed by the laws of the State of Delaware, USA, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
7.2 Mandatory Arbitration
Any dispute, claim, or controversy arising from this Agreement or the Services (including breaches, termination, or validity) must be resolved through binding arbitration—not through court litigation. The arbitration will be:
• Administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (and Supplementary Procedures for Consumer Disputes);
• Conducted in Delaware, USA (in-person or remotely, at AAA's discretion);
• Conducted in English;
• Decided by a single arbitrator (appointed per AAA rules).
The arbitrator's decision is final and binding, enforceable in any court of competent jurisdiction.
7.3 Class Action Waiver
You and the Company agree that claims may only be brought in an individual capacity—no class actions, consolidated claims, or representative proceedings are permitted. The arbitrator may not combine multiple users' claims or preside over a class action.
8.1 Entire Agreement
This Agreement, together with our Privacy Policy, Responsible Gaming Policy, and any other "Incorporated Policies" referenced herein, constitutes the entire understanding between you and the Company. It supersedes all prior agreements, promises, or representations (oral or written).
8.2 Severability
If any provision of this Agreement is deemed invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.
8.3 Assignment
You may not assign or transfer your rights/obligations under this Agreement without our prior written consent. We may assign this Agreement to an affiliate, or in connection with a merger, acquisition, or sale of assets—with notice to you.
For questions, concerns, or legal notices related to this Agreement:
• Primary Contact: [email protected]
• Response Time: 7 business days for initial acknowledgment
• Legal Escalation: For complex legal matters, requests will be forwarded to our Legal Department for review.
By using the Services, you confirm that you have read, understood, and voluntarily agreed to all terms of this Agreement.
