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TERMS OF USE

Last update: 24.Nov.2021

1.Terms

Welcome to Veye Creative. We publish real-world augmented reality mobile game apps,please read Terms of Service which govern your use of the Apps and Platform. The Terms governs the use of our services. By registering for the services as described below, you agree to all the terms in this Agreement and all terms that are incorporated into this Agreement as referenced below. If you do not agree to all of these terms, please do not use our services. We may modify these Terms at any time and we will notify our users by posting the updated Terms on the Site or in our App. Please review and agree any updated Terms before you continue using the Services, and please stop using our service if you don't agree with updated terms. If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Veye Creative has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

2.Privacy

Our serivces are designed to enable you to interact with the game blended with information from the real world. To provide such experience, we need information about you. We will only collect those information with your consent and will only use it where we a legal basis to do so. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our services.

3.Minors

Because of the nature of the game, which requires a cellular phone with GPS and the ability to travel between different locations, our services are not directed toward anyone under the age of 16. Although individuals under 16 are welcome, their parents or guardians must own and manage their accounts. If you are under the age of 18 but at least 13, you may only use our services with the consent of a parent or legal guardian who agrees to be bound by this Agreement.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, VEYE CREATIVE DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

4.Use of Our Services

4.1 User Safety and Appropriate Use

Location-based activities facilitated by our services sometimes can be dangerous and may take you to difficult to access or potentially treacherous locations, please be aware of your surroundings, and play and communicate safely while you are using our services. There are many variables that must be considered prior to engaging in ourdoors location-based activities, including: weather, fitness level, terrain features, and outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors. Always exercise common sense and caution. Presence of certain information within the our services does not imply that accessing such location is safe or legal. Do not enter third parties' property without permission and always obey applicable laws and You assume all risks and responsibilities associated with location-based activities during our services. Please keep in mind that you must comply with all applicable laws, including health and safety guidelines. We does not intend Apps to be medical or health devices, or provide medical or health advice.

4.2 Restrictions

Permission to use our services is subject to the following restrictions. You agree not to: Frame our services, use any robot, spider, scraper, or other means to access, display, or collect data from our services without our express written permission. Use our services for any purpose other than your personal use without our written permission. Abuse or exploit bugs, undocumented features, design errors, or problems in our services. Interfere or attempt to interfere with the proper working of our services, access to, or use of our services, including by imposing a disproportionately large load on our infrastructure. Upload, post, transmit, or otherwise distribute (including by emailing us) any content or act in a way that targets others on the basis of a legal protected status; is unlawful, harmful, threatening, intimidating, abusive, harassing, tortious, defamatory, profane, obscene, libelous, invasive of another's privacy, hateful, embarrassing, harmful to minors; promotes political or religious extremism; promotes or provides instructional information about illegal activities; or is otherwise reasonably objectionable to any person or entity. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity. Upload, post, transmit, or otherwise distribute any content that infringes any patent, trademark, trade secret, copyright or other intellectual property, or proprietary rights of any person, including without limitation under any privacy or publicity rights. Upload, post, transmit, or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of unauthorized solicitation. Reverse engineer, decompile, or attempt to extract the source code of the software associated with our services. Violate any applicable local, state, national, or international law. Violate any of the guidelines or policies associated with our services. Interfere with the ability of others to enjoy our services. Collect, store, or distribute personal data about other users of our services.

4.3 Account Registration, Suspension or Termination

You must create an account using supported mobile phone with an Internet connection in order to use our services. You can either create an Account using existing Google account or existing Facebook account. You may not let anyone else use your account and you are also responsible for keeping your account data updated and for all activities that occur in connection with your account. Account information will be treated in accordance with our Privacy Policy. You agree that you are responsible for all activities that occur under your account, whether or not you know about them, and you won't disclose your account password to anyone and you will notify us immediately of any unauthorized use of your Account. If the situation warrants, we will give you a reasonable opportunity to fix the issue before suspending or terminating your account. Any suspension or termination of your account applies to you personally; you may not access our services through any other account that you own or create or through accounts owned or created by others. You can stop using our services and terminate this Agreement at any time. Upon termination of any Services or your Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination. We may suspend or terminate your account at any time and without notice to you if (a) you violate the terms of this Agreement, (b) we suspect fraud, cheating or any other unlawful activity associated with your Account. If your Account is inactive for a period of time, we will notify you via the Services or in the App prior to termination of your Account.

4.4 Cheating

Veye creative prohibits cheating, includes, but is not limited to, any of the following behavior: Accessing Services in an unauthorized manner (including using an unauthorized third party software); Playing with multiple accounts for the same Service; Sharing, selling or trading accounts; Using any techniques to alter or falsify a device's location information; Apps may not work on devices that We detects or reasonably suspects to be cheating, and no support will be available to players who attempt to cheat. You agree that Veye Creative may apply lawful technology to detect and take action against cheating and other fraud behavior prohibited under these Terms, including blocking and removing fraudulent accounts.

4.5 Interactions with Other People

You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user.We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.Exercise common sense and your best judgment in vour interactions with others (e.g., when vou submitany personal or other information) and in all of your other online activities. You also agree that during your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass, threaten or violate the legal rights of others. You will not trespass, or in any manner attempt to gain access to any property or location where you do not have a right or permission to do so, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Veye Creative from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

4.6 Trading

Our apps permit Account holders to capture and trade virtual items, including but not limited to characters or other items ("Trading Items"), during gameplay. Unlike Virtual Coins and Virtual Goods, Trading Items are obtained at no additional charge during gameplay. Trading Items are a category of Content, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value. Trading Items may only be traded with other Account holders in order to exchange for virtual coins and virtual Goods. You agree that you will only obtain Trading Items from other Account holders and through means provided by Veye Creative, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account or cancellation of such Trading Items. All Trading Items and other Content are provided "as is," without any warranty, except where prohibited under applicable law.

4.7 Virtual Coins and Goods

Our apps permit the purchase of virtual currency ("Virtual Coins"), specific to each App, and use of that Virtual Coins to purchase virtual items or services expressly available for use in the respective Apps ("Virtual Goods"). Virtual Coins is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Coins or Virtual Goods. Any balance of Virtual Goods or Virtual Coins does not reflect any stored value and you agree that Virtual Coins and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Coins can be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for "real" money, "real" goods, or "real" services from us or anyone else. You agree that you will only obtain Virtual Coins and/or Virtual Goods from us and through means provided by us, and not from any third party unless expressly authorized. Once you acquire a license to Virtual Coins or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and may result in cancellation of such Virtual Coins or Virtual Goods or the termination of your Account. During the term of your license to your Virtual Coins, you may redeem your Virtual Coins for selected Virtual Goods. As set forth below, all Virtual Coins, Virtual Goods, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Virtual Coins and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Coins or Virtual Goods once the transaction has been made. Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Coins, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Coins or Virtual Goods, we will provide at least 40 days advance notice to you by posting a notice through the Services or through other communications.

5.Content and Rights

Veye Creative hereby grants you a limited, personal, noncommercial, non-exclusive, non-transferable, nonsublicensable,fully revocable (pursuant to the termination provisions below) license to view and use our services for your own personal, non-commercial purposes in accordance with this Agreement. The content of our services includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. "User Content" means any Content a user of a Service provides to be made available through Services. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. Veye Creative reserves all rights in and to the Apps not expressly granted to you under these Terms.

5.1 Ownership

Our services are the property of Veye Creative or its licensors and are protected by copyright, trademark, and other intellectual property laws. Using our services does not give you ownership of any intellectual property rights in our services or the content you access. Do not copy or download any of the content available through our services (except your own) unless we have expressly authorized you to do so. All rights not expressly granted in this Agreement are reserved by Veye Creative or by the respective owners of the intellectual property rights.

5.2 Your Digital Content

All digital content you submit through our services remains yours (subject only to the license grant below); this includes your logs and pictures, your comments and anything you post to our discussion forums. You and not Veye creative are entirely responsible for all content that you upload, post, or otherwise transmit via our services. You represent and warrant that you have all necessary rights and permissions required for all content you post and for the rights you grant to us below, and that your content does not violate this Agreement, other Veye Creative terms, policies or guidelines, the rights of any other party or applicable law.

5.3 The Rights You Grant Us to Your Content

By submitting content to our services, you grant Veye Creative a worldwide, non-exclusive, royalty-free, for the legal duration of intellectual property protection, irrevocable, fully transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content as well as its derivative works on our websites or applications, on social networks such as Facebook, Twitter, Instagram, on sharing platforms (such as YouTube, Dailymotion, whether or not from our channels), in our emails and e-banner ads, on our intranet and on our internal documentation, in our business to business marketing materials, for commercial, or promotional purposes. You agree that we have no obligation to monitor or protect your rights in any content that you may submit to us, but in the event that someone else takes content you have submitted through our services without either of our permission, you give us the right to request that they take the content off of their website or otherwise stop using it. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Veye Creative on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Veye Creative or any third party designated by Veye Creative.

5.4 Copyright Policy

Veye Creative respects the intellectual property rights of others, and asks that you and all users of our services do the same. If you believe your work has been published on our services in a way that constitutes copyright infringement, you must notify us through email: support@mythika.net by providing all of the following information: A description of the copyrighted work or other intellectual property that you claim has been infringed. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on our websites or mobile applications. Your contacts information such as telephone number,email address..etc, so that Veye Creative can contact you about your submission. If you are representing a third party or a legal entity, please provide its name and address as well. A physical or electronically signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

5.5 Feedback

You can send feedback, comments, and suggestions for improvements to the Services ("Feedback") by by email at: support@mythika.net. Feedback is a form of User Content.

6. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES. WE MAKE NO SPECIFIC PROMISES ABOUT OUR SERVICES OR CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING WITH REGARD TO THEIR AVAILABILITY, RELIABILITY, FUNCTIONALITY, ACCURACY OR TRUTHFULNESS (WHETHER PROVIDED BY VEYE CREATIVE OR OUR USERS), OR LACK OF VIRUSES OR ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, REGARDING OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AVAILABILITY AND LACK OF NEGLIGENCE. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT VEYE CREATIVE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. VEYE CREATIVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

7. Limitation of Liability

REGARDLESS OF THE FORM OR CAUSE OF ACTION OF THE ALLEGED BASIS OF THE CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, VEYE CREATIVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS, REVENUES OR DATA ARISING FROM THIS AGREEMENT OR YOUR USE OF OUR SERVICES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VEYE CREATIVE FOR ANY CLAIM UNDER THIS AGREEMENT OR ARISING OUT OF OUR SERVICES, INCLUDING FOR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR SERVICES OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON OUR SERVICES, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE VEYE CREATIVE FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.

8.Dispute Resolution

These terms and any actions related thereto will be governed by the laws of people’s republic of China without regard to its conflict of lows provisions. Any dispute arsing from or in connection with these terms shall be submitted to  Beijing Arbitration Commission / Beijing International Arbitration Center (the "BAC")  , which shall be conducted in accordance with BAC's arbitration rules in effect at the time of applying for arbitration. The seat of arbitration shall be Beijing, China The language to be used in the arbitral proceeding shall be Chinese. The arbitral award is final and binding upon both parties.

9.Changes to this Agreement

We may need to update our Terms of Use from time to time, for example, to correctly reflect our services or changes in the law. We will notify you before we make any changes that affect your rights or substantively modify the agreement. By continuing to use our Services after the changes go into effect, you agree to be bound by the revised Agreement. If you do not agree to the revised Agreement, you should stop using our services. Changes will not apply retroactively.

10. General Terms (Severability, Waiver, Entire Agreement)

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, Veye Creative and you agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described in this Agreement will be given effect to the fullest extent possible. Veye Creative's failure to act with respect to a breach by you or others does not constitute a waiver of Veye Creative's right to enforce its rights with respect to later or similar breaches. This Agreement, along with any guidelines, terms or policies posted on our websites or mobile applications or that we otherwise provide to you, constitutes the entire agreement between us with regard to your use of our services.

11.Contact Information

If you have any questions about these Terms or the Services, please contact us at support@mythika.net.