Terms and Conditions

1. User Agreement

Welcome to NovaTech Gaming! These Terms and Conditions ("Terms") govern your access to and use of NovaTech Gaming's website, mobile applications, games, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

NovaTech Gaming, a company registered in San Francisco, California, with its principal place of business at 555 Mission Street, Suite 100, San Francisco, CA 94105, reserves the right to modify these Terms at any time. We will post any changes to these Terms on our website, and the revised Terms will be effective immediately upon posting. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms regularly to stay informed of any updates.

These Terms constitute the entire agreement between you and NovaTech Gaming concerning your use of the Services, superseding any prior agreements between you and NovaTech Gaming regarding the subject matter herein.

2. Acceptable Use

You agree to use our Services in accordance with all applicable laws and regulations. You are solely responsible for your conduct while using our Services.

2.1 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law or regulation.
• Infringing upon the intellectual property rights of NovaTech Gaming or any third party.
• Harassing, threatening, or intimidating other users of our Services.
• Transmitting or distributing any viruses, malware, or other harmful code.
• Attempting to gain unauthorized access to our Services or the accounts of other users.
• Using our Services for any commercial purpose without our express written consent.
• Modifying, adapting, translating, or reverse engineering any portion of our Services.
• Interfering with or disrupting the operation of our Services.
• Creating multiple accounts for disruptive purposes or to circumvent restrictions.
• Engaging in any form of cheating, hacking, or exploiting vulnerabilities in our games or Services.
• Promoting or engaging in any illegal activities.
• Collecting or harvesting any personally identifiable information from our Services without the explicit consent of the individuals involved.

2.2 User Content

Our Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, images, videos, and audio ("User Content"). You retain all rights in, and are solely responsible for, the User Content you make available through our Services. By making any User Content available through our Services, you grant to NovaTech Gaming a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit your User Content in connection with operating and providing our Services.

You represent and warrant that:

1. You are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to NovaTech Gaming the rights in such User Content, as contemplated under these Terms.
2. Neither the User Content nor your submission, uploading, publishing or otherwise making available such User Content will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

NovaTech Gaming reserves the right to remove or disable any User Content for any reason, including User Content that we believe violates these Terms.

3. Disclaimer

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOVATECH GAMING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOVATECH GAMING IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES IS TO STOP USING OUR SERVICES.

WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES LINKED TO OR MENTIONED ON OUR SERVICES.

NovaTech Gaming shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NovaTech Gaming’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. Our liability is limited to the fullest extent permitted by law. In no event shall our total liability to you exceed the amount of $100 USD.

3.1 Limitation of Liability for Specific Game-Related Issues

Specifically regarding the use of our games, including but not limited to "AR Quest: San Francisco," "Cosmic Explorers VR," and "Galactic Clash Online," NovaTech Gaming disclaims any liability for:

• Physical Harm or Injury: We are not responsible for any physical harm or injury that may occur while playing our AR or VR games. Users should always be aware of their surroundings and take necessary precautions to avoid accidents.
• Data Loss or Corruption: While we strive to ensure data integrity, we are not liable for any loss or corruption of game data, progress, or virtual items. Users are encouraged to periodically back up their game data where possible.
• In-App Purchase Issues: We are not responsible for any issues related to in-app purchases, including unauthorized purchases or errors in the delivery of virtual goods. Users should review their purchase history and contact our support team for assistance with any discrepancies.
• Game Performance Issues: We do not guarantee optimal performance on all devices or network conditions. Users may experience lag, disconnections, or other performance issues that are beyond our control.

By using our gaming services, you acknowledge and agree to these limitations of liability.

4. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California for the resolution of any disputes arising out of or relating to these Terms or our Services.

5. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:

NovaTech Gaming
Attn: Legal Department
555 Mission Street, Suite 100
San Francisco, CA 94105
Email: legal@sepernova-gaming.com
Phone: +1 415-647-1806

Our team, including legal counsel Ms. Emily Carter and Head of User Relations, Mr. David Lee, will address your concerns promptly.