Updated: Feb. 14, 2022

Thank you for visiting www.rareearth.io (the "Site"), the official website of Rare Earth Games GmbH. These Terms of Service (“Terms”) govern your use of our website, games, and account (“Products”, “Services”). Please read these carefully, by using visiting or using our Site, Products and Services, you agree to be bound by these Terms. If you have questions related to these Terms, please contact us at: legal@rareearth.io.

It is important to us that you, and our other visitors, have the best possible time while using this Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using this Site, because they affect your legal rights and obligations.

1. Who Can Use Our Products and Services?
You may use our Products and Services if you can legally form a binding contract with us in compliance with these Terms, any conditions governing your use of third-party products, and all applicable local, state, and federal laws. When you use our Products and services you must provide us with accurate and complete information. Using our Products and Services may include downloading additional software to your computer, phone, tablet, smart TV, and/or other devices. An internet connection and registration process may be required to use certain features of our Products and Services. You agree that we may automatically update such software, and these terms will apply in force to any future updates.

Any usage or access of our Products and Services by anyone under the age of 13 is not allowed. If you are based in the European Union, you may only use our products if you are over the age at which you can consent to data processing under the laws of your country. Rare Earth reserves the right to terminate, ban, or block usage of our Products and Services for any users discovered to be under the age of such legal consent in your country.

2. Our License to You.
Subject to these Terms, our Privacy and Cookie Policy and our other policies, we grant you a limited, temporary, non-exclusive, non-transferable, non-sell-able, and revocable license to use our Products and Services. All rights NOT expressly granted are only to the extent permitted by law, and reserved by Rare Earth. You may not make any commercial usage of our Products and Services, distribute our products, use our products on more than one personal device at the same time, reverse engineer, hack, derive source code, modify, decompile, disassemble, and/or create derivitaive works based on our products, circumvent any security protections or technical mesaures that control access to our products, deface, decompile, disassemble, or circumvent any proprietary labels or notices contained within our Products and Services, or create data or executable software programs which mimic our functionality in anyway.

3. Usage of Our Products and Services.
Rare Earth allows you to create some content for our Products and Services. By creating, developing, or making any such content available to us in our Products and Services, you grant us and our other users a non-exclusive, royalty-free, transferable, sub-license-able, worldwide license to store, sell, display, reproduce, save, modify, perform, create derivative works of, and distribute your content on our other Products and Services. We reserve the right to remove or modify your content. We may keep the content you create for our Products and Services even after you have deleted or deactivated your accounts, and other users may continue the usage of such content.

4. Data Security.
We have very high standards for data security and will work to protect your content and information associated with the use of our Products and Services. However, we cannot guarantee that an unauthorized third-party will not defeat such security measures. Therefore, you are responsible for maintaining a secure account, with a secure password, and to notify us immediately of an unauthorized use of your account.

5. Usage of Your Data.
When you use our Products and Services, we collect information from your browser and/or your device in accordance with our Privacy Policy. Please review the Privacy Policy on our website regularly.

6. Copyrights.
We respect the intellectual property rights of others and expect the same respect from you. If you believe any content provided by another users infringes any copyrights or trademark rights, please notify us immediately by sending a Digital Millennium Copyright Act (“DMCA”) Notice to:

Rare Earth Games GmbH
Attn: DMCA
Schottenfeldgasse 85/2
A-1070 Vienna
Austria

Any notification must at least identify the infringing content and the infringed right.

7. Termination.
Rare Earth reserves the right to terminate or suspend your right to access or use our Products and Services for any reason, with appropriate notice to you the user. We may terminate or suspend your access immediately and without notice. Upon termination, you continue to be bound by this Terms of Service.

8. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR OUR LICENSORS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR LOSS OF REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY ANY DATA, GOODWILL, USE, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, RESULTING FROM YOUR OR OTHERS USE OF OUR PRODUCTS AND SERVICES. IN NO EVENT SHALL OUR LIABILITY EXTEND THE AMOUNT PAID BY YOU FOR THE RARE EARTH PRODUCT, GAME, SITE AND/OR SERVICE.

 9. Indemnity.
You agree to indemnify Rare Earth, our affiliates and our officers, directors, employees, and agents from and against any claims, proceedings, disputes, liabilities, demands, suits, damages, costs, expenses and losses, including without limitation, reasonable legal and accounting fees, in any way related to your use of our Products and Services, and your breach of these Terms.

10. General Terms.
Rare Earth may update these Terms from time to time. It is the responsibility of the user to review them frequently via our website. Rare Earth will attempt to notify users before making any material changes to these Terms and give users the opportunity to review the revised Terms before changes take effect.

These Terms together with our Privacy and Cookie Policy, any ammendments, and any additional agreements you may enter with Rare Earth shall constitute the entire agreement between you and Rare Earth regarding the usage of our Products and Services.

If any provision of these Terms is deemed invalid by a relevant authority, change in legal requirements, or legal decision, then that provision will be changed, limited and/or eliminated to the minimum extent necessary, and all remaining provisions and Terms will remain in full force.

11. Dispute Resolution, Governing Law.
You agree that any dispute between you and Rare Earth to contact us and in good faith, try to resolve any such dispute. If we cannot settle this dispute informally, we each agree to resolve any such dispute related to our Products and Services, your usage of our Products and Services, or any other use of our Products and Services through binding arbitration.

Any arbitration will be administered by the Austrian Arbitration Association in accordance with the rules of arbitration procedure adopted by the Austrian Arbitration Association and in force at the time of any such dispute. The place of arbitration will be Vienna, Austria.

ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS AND/OR REPRESENTATIVE PROCEEDINGS.

NOTHING IN THIS SECTION 11 SHALL AFFECT ANY NON-WAIVEABLE STATUTORY RIGHTS THAT MAY APPLY TO YOU.

These Terms shall be governed by the laws of Vienna, Austria.

12. Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR PRODUCTS AND SERVICES ARE LICENSED AND WILL BE PROVIDED “AS IS”. USAGE OF OUR PRODUCTS AND SERVICES ARE AT YOUR OWN RISK AND RARE EARTH DOES NOT PROVIDE WARRANTIES NOR GUARANTEES RELATED TO THE USAGE OF OUR PRODUCTS AND SERVICES. Nothing in this section shall affect your statutory rights as a consumer.

13. Parties.
These Terms are to be considered a binding contract between You and Rare Earth Games GmbH.