TERMS OF SERVICE

Effective Date: September 1, 2021

This Terms Of Service (or "TOS") is a legal agreement between
you (either in your individual capacity, or on behalf of an
entity), hereafter sometimes referred to as "you" or "End
User" and Jaroslav Trtik, legal holder of gearedsun.com and
resident in Brno, Czech Republic (hereinafter as “GEAREDSUN”)
in order to give you a license to use the Game as set forth in
this Agreement under the conditions in this Agreement, as well as
to use any additional (mandatory) services provided by GEAREDSUN.

By downloading, installing, accessing or using any of
GEAREDSUN's game(s), product(s) or other service(s)
(hereinafter as “Game”), you acknowledge agreement with
the terms of this TOS. If you do not wish to agree with these
terms, then do not download, install, access or use any of
our Games. By downloading, installing, accessing or using the Game,
you agree that you have read, understood and agreed to be bound
by this TOS. For residents of some countries, you agree to the
arbitration agreement and class action waiver described below to
resolve any disputes.

If you would like to contact us with anything regarding our TOS,
please feel free to use the following email:legal@gearedsun.com

1. Definitions

  • In the context of this TOS, the term “Game” refers to all
    products (sach as games, applications or services) created and
    operated by GEAREDSUN, including all updates and different versions.
  • “User Account” refers to the online account that is created
    for the purpose of registration and authorization.
  • "Consumer" or “End User” refers the person who has downloaded,
    installed or in any way used our Game.
  • “Free Version” refers to the product provided by GEAREDSUN to
    you at no charge.
  • This TOS can also be referred to as the “License”

2. Ownership/Intellectual Property Rights

  • You, as the Licensee, through your downloading, installing or use
    of this product do not acquire any ownership rights to the Game. The
    Game is protected by intellectual property laws and treaties. The
    rights to use the Game as set out in this Agreement are licensed, not
    sold, to you by GEAREDSUN.
  • Third party trademarks, trade names, product names and logos may
    be the trademarks or registered trademarks of their respective owners.
    You may not remove or alter any trademark, trade names, product names,
    logo, copyright or other proprietary notices, legends, symbols or
    labels in the Game. This document does not authorize you to use
    GEAREDSUN's or its licensors' names or any of their respective
    trademarks.
  • As between GEAREDSUN and you, GEAREDSUN is the owner of all
    rights, title and interest in and to the Game (including all
    copyrights, trademarks and patents) regardless of the media or
    form of the Game; whether online, on disk or otherwise.
  • You shall not, at any time during or after the effective Term of
    the TOS, dispute or contest, directly or indirectly, GEAREDSUN's
    exclusive right and title to the Game or the validity thereof.
  • You shall not attempt to develop any Game that contains the "look
    and feel" of any of the Games, or is otherwise derivative of the Game.

3. License grant

    Under the condition that You have legally acquired
    the rights to the Game:
    GEAREDSUN grants You a personal, limited, non-exclusive license to
    install and use the Game for your personal, non-commercial use solely
    as set forth in this document and any accompanying documentation.
    Any commercial use is prohibited. You are expressly prohibited from
    sublicensing, renting, leasing or otherwise distributing the Game or
    rights to use the Game. The terms of your license shall commence on
    the date that you start to download, install or otherwise use the
    Game, and shall end on the earlier of the date I. when you dispose of
    the Game or II. GEAREDSUN terminates this License. You may not
    translate, reverse engineer, decompile, disassemble, or create
    derivative works from the Game.
  • You may download the Game from an authorized source. The number of
    copies that you can download during a consecutive period of days may
    be limited. You may not make the Game available on a network where it
    could be used or downloaded by multiple users.
  • You acknowledge and agree that the Game may use information
    regarding your computer, hardware, media, software and your use of the
    Game to validate your license rights and to update the Game.
  • You agree that the Game may automatically download and install
    updates, upgrades and additional features that GEAREDSUN deems
    reasonable, beneficial to you and/or reasonably necessary. You
    acknowledge and agree that any obligation of GEAREDSUN to support the
    previous version(s) will be ended upon the availability of the update,
    upgrade and/or implementation of additional features.

4. Consent to Collection and Use of Data

  • During the process of registration and unlocking, updating or
    upgrading the Game and when technical support is provided, GEAREDSUN
    may collect and use technical information for improvement of the Game
    or for support purposes.
  • By playing the Game, you give consent to GEAREDSUN to collect and
    monitor Game data and statistics for the purpose of detecting the use
    of illegal third party applications, such as 'hacks', 'mods' and
    'bots' (including digital documentation) from your use of the Game and
    aggregate such Data in order to record and prevent instances of
    cheating. In the event of a discrepancy in the data being found,
    further information will be reported to GEAREDSUN including your
    account name, details of the data discrepancy, time and date.
    GEAREDSUN may exercise any or all of its rights under this agreement,
    with or without prior notice to you.
  • GEAREDSUN knows that information about our customers is an
    important part of our business. GEAREDSUN would never sell Your
    personally identifiable information to anyone, nor would it ever use
    spyware or install spyware on users' machines.
  • Personal information that You give to GEAREDSUN directly and
    information that GEAREDSUN collects as specified in the second point
    of this section will be used for purposes such as improving our
    products and services, troubleshooting bugs and otherwise to improve
    your user experience.
  • Further information about GEAREDSUN's data collection and privacy
    policies for the End User can be found in Privacy Policy

5. Code of Conduct

  • Through the action of downloading and installing the products of
    GEAREDSUN you acknowledge and agree that you will not:
  1. create a false identity for purposes of misleading others,
  2. violate the rights of others, defame, abuse, harass, threaten,
    spam or otherwise interfere with others' use of the Game,
  3. publish, transfer or distribute any inappropriate, indecent,
    obscene, foul or unlawful conduct,
  4. transfer, stream or otherwise make available material that
    contains viruses, Trojan horses, worms, time bombs, cancelbots,
    corrupted files or any other similar material that may damage
    the device.
  5. use 3rd party apps, such as GameGuardian, to modify games.
  6. use emulators or alternative Android systems such as LineageOS.
  7. exploit bugs to your personal gain or to diminish the experience
    of other players. Any ingame items or currency obtained by exploiting
    bugs will be removed from your account without compensation.
  • You are responsible for your account, save files and your behavior
    in the game. Any form of cheating will result in a permanent account ban.
    Action may be taken also retroactively, if applicable. Using a modified
    version of the Game, using third-party programs to change any aspect
    of the Game, exploiting bugs, or engaging in any activity that grants
    an unfair advantage is considered cheating.
  • Exploiting other players is an equally serious offense. Scamming,
    griefing and anything else that may degrade the gaming experience for
    other players will be punished accordingly at GEAREDSUN’s discretion.
    This may include, but is not limited to, using your own or another
    player’s account to boost your score or statistics, circumventing game
    mechanics to gain a favorable score or other advantages to your
    account, and any other way that is harmful to the game.
  • It is our common goal to create the best gaming environment where
    players will feel safe.
  1. When you communicate with other players, regardless of the channel
    (in-game chat, Discord, Facebook and others), you are responsible for
    your behavior. You may not use offensive or vulgar language (or what might
    be considered offensive or vulgar by other players) when taking part in
    communication with other members of the community or GEAREDSUN. You may
    not abuse any channels by any form of spamming.
  2. Hate speech or any kind of discriminatory language has no place in
    our community. The same goes for harassing or threatening other players.
    Any similar action will lead to punishment in the form of temporary or
    permanent account ban, or removal from channels that we provide for
    our community.
  3. Names of characters, guilds, or accounts are also governed by
    the same rules as above and must be appropriate and inoffensive.
    Names reported or found to be inappropriate will be changed
    without prior notice. Repeated offense against this rule will
    lead to a temporary or permanent account ban as per GEAREDSUN’s
    discretion.
  4. We encourage all players to report any behavior that they
    deem inappropriate or disrespectful.

6. Limitation of Liability

  • The Games are provided on an “as is“ basis without any additional
    warranty, this means that GEAREDSUN does not warrant that the Games
    are free of errors or will function properly on your device.
  • You understand and agree that GEAREDSUN is not responsible for
    any loss of game data, save data or personal data saved locally on
    your device or any harm resulting from their loss.
  • You agree that your game progress, including the amount of resources,
    upgrades and consumables stored locally on your device will be lost
    if you delete the Game's data, uninstall the Game or tamper with
    game/save files in any way.
  • You accept full responsibility for any unauthorized use of the Game
    by minors. You are responsible for any use of your credit card or other
    payment instrument (such as Paypal) by minors.
  • You agree that provisions in this document that limit liability are
    essential terms of this License.

7. Purchase Terms

    In the Game you may purchase, with "real world" money, a limited,
    personal, non-transferable, non-sublicensable, revocable right to use
    (a) virtual currency, including but not limited to virtual cash or chips,
    all for use in GEAREDSUN games; (b) virtual in-game items, content or
    features; and (c) other goods or services. You are only allowed to purchase
    Virtual Items from us or our authorised partners through the Game, and not
    in any other way. GEAREDSUN may manage, regulate, control, modify or
    eliminate Virtual Items at any time, with or without notice. GEAREDSUN shall
    have no liability to you or any third party in the event that GEAREDSUN
    exercises any such rights. The transfer of Virtual Items is prohibited
    except where expressly authorized in the Game. Other than as expressly
    authorized in the Game, you shall not sell, purchase, redeem or otherwise
    transfer Virtual Items to any person or entity or attempt any of the
    aforesaid, including but not limited to GEAREDSUN, another user or any
    third party.

    ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE GAME ARE
    FINAL AND NON-REFUNDABLE.

8. Governing Place of Performance and Dispute Resolution

  • Exclusively Czech law applies, without giving effect to its
    conflict of law provisions, even if the Licensee has his/her
    residential or business seat abroad. If the Licensee is a Consumer,
    this choice of law shall not, however, result in depriving the
    Consumer protection granted by law.
  • All present and future claims from this Agreement shall be finally
    resolved by the eligible court in Brno regardless if the Licensee has
    residence inside, outside Czech Republic or not known. Mandatory
    regulations of the Council Regulation (EC) on jurisdiction and the
    recognition and enforcement of judgments in civil and commercial
    matters are unaffected hereby.

9. Changes to the Agreement

  • GEAREDSUN may modify this document from time to time, so please review
    it regularly. If you accept a version of this TOS before modification,
    new revisions will become effective 30 days after publication.
    Your continued use of the Game means that you accept the new terms.
    Once you accept a version of the license, we will not enforce
    future material changes without your express agreement to them.
    If you are asked to accept material changes to this license and
    you decline to do so, you may not be able to continue using the Game.

10. Health and Safety

  • Playing one of our Games may involve the risk of personal injury,
    discomfort or property damage. To ensure your safety please refer to
    the relevant safety manual.
  • Usage of the Game on any platform not supported officially by
    GEAREDSUN is prohibited. By using the Game you agree that you have
    necessary hardware, software and capability (including a suitable
    connection to the Internet) required for the use of the Game.
    GEAREDSUN accepts no responsibility or liability for any failure of
    your system to meet technical requirements of the Game.