The Universe Terms of Service
Created on Sept. 18, 2019.
Last updated on Dec. 9, 2023.
Version: 15.
Welcome to The Universe,
This document describes your relationship with The Universe (also described below). It's essential for you to carefully read the terms, the privacy policy, and other important information below. You could be subject to these terms by accessing our services, visiting our website, buying a product, or working with a client or customer's website, data, or visiting a client's website. The Universe cultivated these Terms of Service years ago to combine many terms and policies in a central location.
You should check back frequently to review any changes or modifications to these terms. You can also log in to the dashboard to get notified about changes to these terms.
The Universe: The EGT Universe, LLC. builds technologies, entertainment, products, and services that enable people to experience a revolutionary-infused life. These products and services empower communities, build brands, grow businesses, and elevate your life. These terms govern your use of the entire platform: all our products, features, apps, services, technologies, games, equipment, software, entertainment, and development tools we offer (Products from The Universe, collectively "The Universe"), except where we expressly state that separate terms (and not these) apply. These products are provided to you by The EGT Universe, LLC., its partners, agents, and other primary parties.
The Universe is provided "AS IS." The Universe, The EGT Universe, LLC., its partners, its agents, second and third parties, and their agents make no warranties, express or implied, and hereby disclaims all implied warranties, including any merchantability warranty and fitness for a particular purpose.
The Universe is an open-to-the-public platform that may charge fees. Whether a portion is free or paid, you agree to allow The Universe to govern itself.
The Universe works to protect your personal data. The Universe doesn't provide your personal data to other parties without your consent, such as dictated in these terms of service, or by providing technological solutions that enable additional parties to request data from you. When you share information with The Universe or other parties, third-party solutions may collect that information.
The Universe may use your data, or in aggregate as part of a collection, to conduct research, enhance products, and develop new technologies.
Sometimes, third-party providers may collect information you share with The Universe, such as a financial provider, an analytics provider, or a platform provider, such as a web browser, network provider, or a third-party application or service infrastructure. They may maintain their own privacy policy or, through nefarious methods, desire to collect, use, or abuse your information.
We don't share information that directly identifies you (such as your name, email address or other contact information) with advertising parties unless you give us specific permission. Instead, advertising parties utilize our specific methods and technologies that utilize algorithms that help us determine to whom to share the advert to. We may provide reports about the performance of their ads that help them understand how people are interacting with their content. When you interact with the content, such as buy a product or visit a website, the third-party may get information from you during that transaction. That information provided to them is intended to be protected through these terms, however not all service providers may respect or honor your data as we do. Before consenting to sharing data outside of The Universe consider the source requesting the data. Use the report features to report nefarious use of your data.
Prefix 1: Severability
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect:
- the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
- the validity or enforceability in other jurisdictions of that or any other provision of this Agreement; or
- the spirit in which the illegal, invalid, or unenforceable was created as deemed by the writer of the Agreement, with a provision to rewrite the item for enforceability or
- your obligations, protections, and provisions contained in this Agreement; or
- the totality of the agreement.
1. Our Services
Our mission is to radically alter, transform, and enfuse this world with hope from another world. We are changing the world every day, through everything we are doing. To help advance this mission, we provide Products and services, hold them to a high standard, and implement them for your use. Some of the products and services we may provide to you are described below:
1.1. Provide a personalized experience for you
Your Universe experience is unlike anyone else's: from the content you access to the information you showcase. No two people use The Universe the same way. We understand that you are unique and we tailor a unique experience with you. We use the data we have to personalize your experience.
1.2. Connect with you
We help you find and connect with people, groups, businesses, organizations, brands, products, and others that matter to you through the Products and service from The Universe. We use the data we have to make suggestions for you and others. We believe our services are most useful when people are connecting to the people and The Universe around them.
1.3. Help you express yourself
Your universe is a creative expression of who you are. We are here to help you share what matters to you, explore your dreams, pursue a life adventure, expand your business, and cultivate a true representation of who you are.
1.4. Protect your creativity
People thrive when given moral and ethical boundaries to protect them from harm and abuse. We utilize advanced artificial intelligence, large teams of people, and specific technologies to detect the misuse of your data, your experience, our products and services, immoral conduct towards others, and situations where we can intervene. If we learn of misuse, we take action.
1.5. Improve your universe
We engage in research to develop, test, improve, our products. This includes analyzing data we have about our users and understanding how you use our Products from The Universe. We may conduct surveys of which our Privacy Policy explains how we use this data to support research for developing our products and improving your experience.
1.6. Seamless across your universe
We provide tools that enable your experience to be consistent across the entire universe. Your data is secured across The Universe to provide a seamless experience.
1.7. Globalized The Universe
To engage on a global playing field, operate a universal ethical company, and protect your information we make decisions that promote an ecology that may be separate from your local municipal ideology. We make every effort to promote a global experience while supporting your local municipal entity. To operate our global service, we store content in multiplicity across data centers that may be outside of your country of residence.
2. Your Agreements
We develop, maintain, and provide you access to any portion of The Universe, with or without a registered account, in exchange we need you to make the following agreements.
2.1. Personal Accountability
Personal accountability cultivates global protection from nefarious activity. All activity generated in The Universe must originate from an authorized action intianted from a real world entity. All activity outside or inside The Universe must reflect the creativity and protection of The Universe content, protected property, and managed media.
2.1.1. Entity
The Universe defines an entity as a person, place, thing, or being.
2.1.2. Real World Entity
The Universe currently defines an entity as a being capable of independent self originating thought usually expressed in the ability to be creative. Any entity created by another entity that has the inherent restriction of staying confirmed to it's set parameters is not considered a Real World Entity.
For example:
- A robot may be able to produce thought but it's code was created by a human developer. The robot is not a real world entity - the robot is an entity operated by the real world entity known as the human developer.
- A company may appear to have independent thought because it operates with a group of human founders to achieve a goal. The company is not a real world entity - the company is operated by a group of real world entities such as the founder or it's partners.
- A child may receive training from a parent but after sophisticated development the child begins to think independently and operate a unique psychological thought pattern. The child is considered a real world entity at the instantiation of accountability (or the moment the child recognizes an action has consequences). However, pursuant to this example, the child may not qualify to operate The Universe without a parental guardian.
- A celebrity may hire a group of social media experts, or may have an agreement with a media company to operate a front facing ego (commonly referred to as a Persona's). This ego is not considered a real world entity.
- An artificial intelligence may surpass the development given to it from it's developer and begins to think independently and operate a unique psychological thought pattern. The artificial intelligence is considered a real world entity at the instantiation of accountability (or the moment the artificial intelligence achieves sentience and recognizes an action has consequences). However, pursuant to this example, the artificial intelligence may not qualify to operate The Universe without a developer as a guardian until its maturity has reached moral standards. This process is similar to how a child reaches adulthood with their own personal moral responsibilities.
- Typically, a reader of these terms would be considered a "Real World Entity."
2.1.2.1. Not Real World Entity
Any entity not considered a real world entity may operate a Persona's designed for its specific type.
2.1.2.2. Application, Robots and API Entity Restrictions
Any entity using a Persona's to conduct automated business may do so by elevating that Persona's to an application. Applications (and bots) may access limited parts of The Universe with restrictions determined based on the premise of the Application.
2.1.2.3. Non-Application Personas
Any automation, in any way, outside of authorized applications including automation through utilization of large groups of people within The Universe (on The Universe App Store) or authorized private application (such as one created from a developer) is strictly prohibited.
2.1.2.4. Real Entity Impersonation
Any impersonation of a Real World Entity (such as a celebrity), or other entity (such as a company or brand), is strictly prohibited.
2.1.3. Entity Registration Restrictions
In regards to registering for specific personal experiences, we have to place some restrictions on registering entities.
2.1.3.1. Real World Entity Originating Credentials
To protect our users from nefarious activity, only real world entities are permitted to create originating credentials. Each real world entity may only create (1) orginiating credential which will create an originating profile. Each real world entity is limited to (1) originating profile but is not limited to Persona's.
2.1.3.1.1. Protection Order
Each real world entity is required to protect their originating credentials.
2.1.3.1.2. Suspicious Activity Order
Each real world entity is required to report suspicious activity that appears on their account - including all unauthorized activity within a reasonable amount of time or when the activity is discovered - whichever comes first.
2.1.3.1.2.1. Report Negligence
Any failure to report suspicious activity (of any activity, including that which appears on your account) may defer responsibility order back to the real world entity the activity appeared on.
2.1.3.1.3. Personal Responsibility
Each real world entity takes full responsibility for all activities taken under the originating profile.
2.1.3.1.3.1 Reverting Protection Order
A Persona's or other entity attached to a Real World Entity has the protection order reverted to the Real World Entity. Any non-traceable activity for a shared Persona's will revert the protection order back to the Real World Entity that registered it or maintained it - whichever relationship hasn't been officially severed when the activity was created.
2.1.3.1.4 Breach of Intent
Violating these terms (section 2.1.3.1.) because of a previous suspension, disablement, or violation is considered a double violation of these terms.
2.1.3.2. Historical Background
All registered entities must adhere to historical accuracy - including the day they were born, their real name (not aliases - unless otherwise stated), their birth gender, authentic municipal citizenships and attachments.
2.1.3.2.1 The Day of Birth
For non-human entities, the date of birth may be known as the day of legal identification.
For example:
- A corporation is considered formed when it has filed its articles of formation (commonly incorporation).
- A location is considered formed on the day construction has concluded and non-construction foot traffic is possible.
2.1.3.3. Reality Age
Certain restrictions are placed on human entities registering for originating credentials. Currently, all real world entities that are human may not register an account under the legal age of 18 (after birth.) Local municipal entities may vary the legal age. Registration before the legal age is strictly prohibited.
2.1.3.3.1. Contract Age
Each entity must have the ability to sign a contract, have a power of attorney, or legal guardian (under account). The entity registering must be considered of legal contract signing age.
2.1.3.4. Criminal Intent
No entity shall participate in any illegal, unethical or suspicious activity.
2.1.3.4.1. Defraud Intent
No entities should willingly or unknowingly defraud their legal municipal entity, Real World Entity, or other entity.
2.1.3.4.2. Sex Offenders
No entities who have participated in or convicted of an illegal sexual activity may use the service.
2.1.3.4.3. Human Trafficking
No entities may participate in the slavery of other entities. Any entity participating in the aforementioned activities will be subject to criminal, cival, account, and other penalties.
2.1.4. Municipal Entities
No municipal entity may make any recommendation or assertion against The Universe for specific to The Universe with intent to do harm to The Universe, or its users.
2.1.4.1. Collection of information
No municipal entity may hack, collect, decode, transmit, interpret, or exchange the private data of other entities without the express consent of the entity.
2.1.4.2. Originating Credentials
A municipal entity is permitted to create originating credentials and enable other entities to conduct legal affairs.
2.1.4.3. Respect of Rights
A municipal entity must respect the rights of other municipal entities, real world entities, other entities, and The Universe.
2.2 Code of Conduct
Every entity in The Universe, including The Universe agents, agree to conduct themselves in a manner that is morally acceptable, ethically permissible, and personally acceptable. This includes conduct that promotes self responsibility, personal integrity, the right steps of accountability, and the protection of those who can not protect themselves.
2.2.1 Addendum
The Universe has no ability, and is not granted the ability to, use the code of conduct as a means to perceive actions and take action on someone's perceived desire to break the code of conduct. A Breach of the code of conduct may only occur on actionable behavior (such as communications sent, entity data, or other completed actions). Actions can not be taken on drafts, items only accessible by the owner (such as personal notes or journal entries), and health evaluation notes where the notes are in reference to an entity that is not the writer or the evaluator (asserter of dictation).
2.2.1.1 Journalism Addendum
In regards to journalism, a journalist is responsible for acknowledging sections of their material that are their personal opinion, material that is direct quotes (with citation or empirical evidence) from a source, and acknowledging inferences based on a source's behavior. Every effort must be made to adhere to this guideline or the content may be subject to breach.
2.2.1.2 A Source
A source is defined as a reference to an entity, wether protected or not, that is an actionable and verifiable. The Universe reserves the right to request verification of information for fact finding and authentication purposes.
2.2.2 Zero Tolerance
The following are a list of zero tolerance policies that are included in the code of conduct. This policy includes known, or unknown; intentional or unintentional; implicit or explicit; inferred or perceived, wide reaching, or a small audience target; through practical implication or impractical understanding; culturally acceptable or culturally unacceptable; protect by a municipal entity or prohibited by one; or through any means of actionable behavior.
2.2.2.1. Zero Tolerance on Racism
Racism is considered any effort to exclude one race or another, to impose or oppress another race, to say one thing applies to one race but not another. This behavior is considered prohibited.
2.2.2.2. Zero Tolerance on False Representation
False Representation of any entity for the purpose of misleading, manipulating someone's belief on another entity, or through coercion to incite reactions on an entity is strictly prohibited.
2.2.3. Conduct
A user agrees to comply with the following conduct agreements.
2.2.3.1. Ethical Provision
No content may incite, spark, call to action, share details on how to, or provide instructions on how to: murder, harm (self defense course excluded), the sale of real world entites (human trafficing), rape, incest, the sale of pornography (nudity in works for the purpose of art excluded), adultry, under-age sexual activity (including safe sex education), disrespect, idolitry, excessive working requirements (those that exclude a day of rest), sharing false testimony against any entity, jealousy and coventry, vain glory, religious persecution, and such material.
2.2.3.2. Morality Clause
All entities shall act at all times with due respect to historic biblical morals and public conventions. If an entity shall be a reproach or cause an offense involving moral turpitude or which might tend to bring an entity to disrepute, contempt, scandal, or ridicule, or which may cause harm, offend, insult, or degenerate individuals or groups, or that may insult or offend The Universe or public morals or decency or prejudice The Universe, or which results in or is likely to result in actual threatened claims against The Universe, or which otherwise may might tend to reflect unfavorable upon The Universe, The Universe shall have the right to terminate this agreement (and associated accounts, with data retention) with or without notice to the entity in question following the date on which the commission of such act, or such conduct, shall have become known to The Universe.
2.2.3.3 Satire
Any satire (for comedy or art), must be labeled and recognizable as a satire and must be exclusively for the purpose of comedy, entertainment, or art with restrictions if the content inspires a breach of this agreement.
3. Our Data Policy (or Privacy Policy)
This policy shares with you what data we collect, how we collect it, and how we share your data.
3.1. Cookie Policy
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices.
3.1.1. Why do we use cookies?
Cookies help us provide, secure, improve, enhance, conduct research, collect data, operate, and personalize your experience in The Universe. The cookies (or types of) may change from time to time as The Universe grows and expands.
3.1.2. Types of Cookies
We create the following types of cookies. Currently, The Universe only creates a handful of cookies. We do not store or share sensitive information, preferences, advertisement data, and other information through cookies.
3.1.2.1. Device Tags
We use advanced technology to create unique device tags and store those tags in a cookie file (per application) for the following uses, regardless if you are logged in or not.
- For security purposes: to prevent spam, fraudulent activity, and other suspicious activity.
- Authentication: to authenticate your identity within The Universe and other party apps.
- Customization: to access a user's specific preferences.
- Advertising: to access a user's advertisements preferences.
- Research: to conduct research, analyze performance, provide insights into our services (and/to third-party services), and measurements.
- Operation: to operate our services.
- Purchases: to allow a user to make purchases, collect funds, and conduct other financial matters.
3.1.2.1.1. Device Tag Requirements
Device Tags are essential cookies that are required for basic operation of our services. They can not be turned off. A user can adjust their settings, in their account, to limit or deactivate specific features of the device tags.
3.1.2.1.2. Device Tag Tampering
Device tags can not be tampered with, transferred, copied, or used for any other purpose than strictly mentioned in (section 3.1.2.1.). Hacking or abusing the Device Tags is strictly prohibited. You could be subject to serious legal action above and beyond the scope of (section 5.).
3.1.3. Our Cookie Preferences
We prohibit the use of these cookies outside of The Universe. Instead, with specific conditions, third-parties can request access to information (such as demographic information or information you provide). We prefer not to use cookies to store information, preferences, demographical data, advertisement data.
3.1.4. Third-Party Cookies
Generally, we do not integrate solutions that require the use of cookies stored on client machines. However, certain exceptions are made like those for conducting secure transactions online. Those provider's may offer details about their cookie policies on their website or in their listed terms of service.
3.1.5. As a Service Provider to Third-Parties
We may place cookies on any device, and receive information stored in them when you visit any part of The Universe, or any website that utilizes portions of The Universe. Our terms of service shall not be affected by another entity's privacy policy, terms, agreements, contracts, service regulations, or any other type of agreement.
3.1.6. Browser Cookie Controls
Some browsers may offer you the ability to delete or disable cookies. Doing so may require you to renegotiate a login, prevent you from accessing our services, or otherwise diminish your experience. We ask that you use these features sparingly and cautiously.
3.2. Types of Information Collected
We collect information from you, and others, that may be associated with your entity. The data we collect may be provided exclusively by you, by a third party, collected by interaction (visiting our services or third-party services), during a financial transaction, or any other known (or unknown) means of collecting information.
3.2.1. Information Provided to us
We collect the information, content that you or others provide, enter, submit, swipe, tap, share, upload, download, and export to us in The Universe including (but without limitation) when you create an entity, share content, message, or communicate with others.
3.2.2. Metadata
This can include information in or about the content you provide which is embedded or otherwise revealed with a special interface, such as location a photo was taken or the date the photo was originally taken. This may include specialized data stored in videos, documents, and other information you provide.
3.2.3. Network
We collect information about you and your network, including identifying information from your machine. We may use this information to identify you, your location, and your carrier services.
3.2.4. Cell Phone Data
We collect data from your cell phone or cellular network that you grant us access to by installing the app, providing your phone number, or granting special access to your contacts, phone logs, sms message history, and other information. We may use this data to help secure your account to your devices.
3.2.5. Usage
We collect information about how you use The Universe Platform based on your activity, actions, logs, and other information you provide including sections you navigate to. We collect data about the features you use, the actions you take (or don't take), the entities you interact with, the time you take to complete an action (or activity), the frequency you take actions (or activities), where you perform actions (what device type, browser type, OS type, and location specific data) and how you perform these actions (manually, website, app, or automation).
3.2.6. Computer & Browser Information
We collect data provided by your computer and browser used in communication with any of our services. This information may include locality, language preferences, operating system, web browser, the use of specific tools, plugins, preferences, and personal identifiable information.
3.2.7. Communication
We collect information from you when you communicate with us. All communications are recorded, logged, and protected from unauthorized disclosure.
3.2.8. Ongoing Development Warning
The Universe is constantly in development and can not guarantee that it doesn't collect data not listed here. An entity should reasonably assume that any data they have shared becomes a part of the data we collect.
3.3. Use of Data
The Universe utilizes all of the data, as listed with each type, without limitations to conduct The Universe in a fair manner.
3.3.1 Ongoing Development Warning
The Universe is constantly in development and is discovering ways to utilize the data shared to enhance the lives of our users. An entity should reasonably assume that any in whole or in part of their data was utilized in any or all portions of the service.
3.4. Sharing of Data
This portion of the policy affects how data is made available to third parties (parties outside of those you grant access to your account, yourself, and The Universe, it's agents, and it's partners.
3.4.1. Personal Identification Information
Generally speaking, unless requested by a municipal entity that has the right to access that data (most municipal entities do not have access to the data), we do not share personal identification information. Information we choose not to share, or anomize (for the purposes of The Universe transaction tracking), is your name, your email address, your financial data, and your phone number.
3.4.2. Financial Data
We do not share your personal financial information with anyone, except for the purpose of processing your transaction. We may share your billing information with a third party of which you requested the transaction. To see the privacy policies or other statements from our payment processors, please see In Reference (section 7.). Any data sent to those providers are subject to their data protection and policies.
3.4.3. Request for Information
A third-party may request information from you at any time. This request will be shown to you and can be processed based on the settings you set on your account. Any entity (including yourself) that you have access, can share information with a third party at your EXPLICIT REQUEST. Information to be shared will be identified to you at the time of request.
3.4.3.1 History of Requests
A history of requests, such as those expired, honored, or current is made available to you. The privacy policies of the Third Party will affect how data that was shared is used. A user should reasonably assume that any data shared with a third party (visible or not yet shown) has been collected by that third party. A user is responsible for their data. A user waives their right to indemnify The Universe in association with any data seeming lost, stolen, hacked, cracked, downloaded, uploaded, destroyed, accessed, exported or shared.
3.4.4. At The Time of Request
Data you've shared with a third party may be shared with The Universe at the time of the request during normal operations. The user may reasonably assume that data on a form shared with a third party is shared with The Universe and the Third Party. The user CAN NOT assume that a third party deletes any of the data after posting a request to The Universe.
4. Reporting
Every entity registered under The Universe Eco-system must help the community be a safe, secure, and creative space. Each entity agrees to report nefarious activity.
4.1. Reportable Activity
You may report activity that breaches this agreement; immoral, illegal, unethical, and illicit activity; spam and all forms of advantage based tactics such as pyramid schemes and hacking attempts.
5. In Breach
When any entity finds themselves against a term, participating in prohibited activity, or cultivating nefarious activity they are considered "In Breach". The instance that causes an entity to be "in breach" is considered "the/a breach".
5.1. Penalties
The Universe and it's agents reserves the right to enact penalties to an entity in breach depending on the severity of the breach.
5.2. Acceptable Penalties
You agree that if a penalty is accessed, by breach or otherwise, to be held liable to its requirements.
5.2.1. Suspension
The temporary removal or suspension of The Universe in whole or in part.
5.2.1.1. Limits on Suspension
The Universe agrees to limit a suspension (unless it is considered a full or complete ban) to no more than a 7 year time frame.
5.2.2. Fines
A financial penalty such as a fine.
5.2.2.1. Limits on Fines
A financial penalty shall never exceed $100,000 USD excluding the cost of damages to The Universe, real world entities, other entities, legal responsibilities, awards in a lawsuit. The excluding cost may be charged without limit.
5.2.2.2. Chargeback Fee
A fine for a "chargeback" shall never exceed $35 USD excluding the cost of the sale. The excluding cost may be charged without limit. A chargeback fee charged by a payment processor may be charged back to the original entity that is the purchaser of the order as an addition to the fine without limit.
5.2.2.3. Defunded Payment Fee
A fine for the "bounce back" of a check, pre authorized fund, credit card, shall not exceed $35 USD plus 102% of the original sale excluding the cost of damages to The Universe, real world entities, other entities, legal responsibilities, awards in a lawsuit. The excluding cost may be charged without limit.
5.2.2.4. Other Fines
At its own discretion, The Universe reserves the right to access other fines for any breach of the terms.
5.2.3. Complete Ban
An entity may be completely banned if it actively participates in spam, nefarious activity, or other reason of which to an excess or extreme measure than is considered reasonable. This permanently restricts the entity from the service.
5.2.3.1. Render Responsibilities
A complete ban may not limit the entity's ability to render responsibilities past due. Instead the entity may access responsibilities or be sent a list of rendered responsibilities so the entity may make arrangements to fulfill their responsibilities outside of The Universe.
5.2.3.2. Render Responsibilities Restrictions
All entities, including The Universe, may not prohibit or restrict a banned entity from rendering their responsibilities outside of The Universe. This precludes perceived responsibilities that are performed exclusively in The Universe as they would be restricted defecto by result.
5.2.4. Full Disclosure
At any time an entity may have their account restricted or deactivated in whole or in part for a known or unspecified period with or without notice. The Universe reserves the right to restrict its use.
5.3. Right to Hear My Case
The Universe agrees to hear the case of, and respect the right to rebuttal any penalty and action in accordance with Judgements and Proceedings (section 6).
5.4. Refuted Penalty
A refuted penalty requires the restoration of The Universe or return of fines to the entity. No monetary requirements will be required by The Universe outside of full refund of fines. No entity may require damages or reparations of any kind.
5.4.1. Refuted Penalty
Due to the process of which penalties may be refuted, all entities waive their right to pursue any legal action against The Universe.
6. Judgements and Proceedings
The Universe will make efforts to offer all entities service but can make no guarantees to its service, legal standing, support of cultural demands, knowledge of all social contracts, and perceived biases.
6.1. Indemnity Waiver
In return for access or operation of The Universe (regardless of registration), of the OPERATOR (The EGT Universe, LLC.) you hereby expressly agree to:
6.1.1.
ASSUME ANY AND ALL LIABILITY such as risks involved in or arising out of operation and related to The Universe. This includes without limitation, risk of death, bodily harm, mental or spiritual harm, damages from the use of our services, hacks, cracks, phishing scams, and such. Also including, but not limited to, neglect or deliberate acts of any person(s) on or accessing The Universe;
6.1.2.
RELEASE OPERATOR, partners, affiliates, founders, contractors, operators, branches, subsidiaries, officers, directors, employees and agents and even sponsors from and not to sue them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of YOUR use of or operation of The Universe including without limitation whether or not caused by the negligence or other fault of the OPERATOR, including strict legal liability or any other liability without fault;
6.1.3.
RELEASE OPERATOR, and other parties identified in paragraph 6.1.2. and owners of any and all responsibility to him or her and agrees to indemnify and hold harmless OPERATOR and owners against any and all claims, damages, or injuries arising out of the use of The Platform, The Universe, services and it's products, including other entities (defined in this agreement), or by negligent acts of OPERATOR or other entities;
6.1.4.
WAIVE the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to the claims; material or otherwise, which the person giving the release does not know or suspect to exist at the time or executing the release;
6.1.5.
INDEMNIFY AND DEFEND OPERATOR, against and hold harmless from any and all claims, causes of action, damages, judgments, costs or expenses, including attorney fees or other monies, which in anyway arise from YOUR use or operation of The Universe;
6.1.6.
PAY for any and all damages to The Universe, caused by YOU, negligently willfully or otherwise;
6.1.7.
The Universe holds the right to waive paragraph 6.1.6 at any time to any person(s) or entities.
6.2. Make My Case Order
The Universe requires that the originating entity or an entity authorized by the originating entity that has a claim make their case (including but not limited to with regards to rebuttals to any breach, fees, action, claims, proceedings, or serious concern) known as a Request using the priotized provisions indicated. Any judgement or ruling proceeding from such Request does not waive any rights, waivers, guarantees or lack thereof of this document. Any fines due may be suspended for up to 90 days while a case is heard. The order by which the proceedings should follow is listed in numeric sequence under this agreement (section 6.2.).
6.2.1. Case By Response
The Universe will allow any entity to make their case in response to a penalty through electronic submission as the first step of contact. The Universe will assess the response and decide if the penalties are refuted or maintained.
6.2.2. Case By Council
A case may be heard by a council as determined by The Universe, at the time and place determined by The Universe. The council may be one or more entities that have been authorized by The Universe. The Universe and the entity refuting a penalty agree to abide by the decision of the council.
6.2.3. Case By Proxy
In extreme circumstances, where the entity and The Universe cannot agree, it is the right and privilege of the entity (through its originating entity, or real world entity) to have its case heard before The Proxy. If any other means seemingly produced a biased result, the disputing entity has the right to have his case heard by The Proxy. The Proxy may choose the method, the time, and the location of the hearing. The Proxy will assess the case and make a final decision on the penalty.
6.2.3.1. Proxy Finality
You agree to be held by the final decision of The Proxy.
6.2.3.2. Case By Proxy Order
A hearing may occur at any stage but once a case has been heard by The Proxy, it may not be heard again by any other means. Case By Proxy is considered the final age in penalty disputes.
6.2.3.3. The Current Proxy
The current proxy at The Universe is Justin K Kazmierczak, who is the principle holder of The Universe.
6.2.4. The Final Say
Any notice or declaration on a claim in these proceedings is considered final and binding. A notice may be disputed following the proper Make My Case Order. Any judgement declared by The Proxy is considered The Final Word and no additional steps may be taken except where The Final Say Provisions (section 6.2.5.) allow.
6.2.5 The Final Say Provisions
6.2.5.1. The Right to Jubilee
Every 7 years, any Request may be resubmitted, any outstanding balances may be renegotiated through the Make My Case Order.
6.3. Granted Permissions
We need permissions from you to provide The Universe.
6.3.1. Permission to Use Content You Provide
The content you provide, submit, enter, record, transmit, export, download, or upload you grant us a license to use this data. You grant The Universe a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the content and data you provide in perpetuity and without restrictions.
6.3.1.1. License Terms
The license may not be limited by time and is not revoked when the content is deleted from our system. If a portion or all of your content is restricted to you by other license terms you are strongly encouraged to not utilize this data or allow for the provision of these terms to be included in the aforementioned license.
6.3.1.2. The Right of the Copyright Holder
Any entity that posts copyright protected content that they do not have a license to (even if it qualifies under Fair Use) may see that data restricted, receive fines, or require an appearance at a legal proceeding. POSTING OF COPYRIGHT MATERIAL THAT YOU DO NOT HAVE A SPECIFIC LICENSE FOR IS STRICTLY PROHIBITED.
6.3.2. The Right to Updates
The Universe may update any part of its service or applications, at any time, or require you to do so before continuing to access The Universe.
6.3.3. Limits on our Property/Intellectual Property
If you utilize our content or property (including our intellectual property) whether or not those portions are publically available we retain all rights to that content.
6.3.3.1. Intellectual Property Statement
All portions of The Universe are the express intellectual property (IP) of or property of The Universe, it's agencies, it's partners, and the entities in which it authorizes (whether all or part of the IP).
6.3.3.2. Legal Restrictions
The use of legal actions (or some form of trickery) to usurp, augment, undo, transfer, claim or otherwise attain control of The Universe and it's property in whole or in part is strictly prohibited.
6.3.3.3. Use of The Brand
The use of The Brand (any essence that describes any portion of The Universe in whole or in part) is subject to our Brand Use Policy, our Fair Use Policy, and other restrictions.
6.3.3.3.1. Permission Required
You must obtain our express consent (written permission) to modify, create derivative works of, decompile, reuse, copy, distort, alter or make use of The Universe, its property, and IP.
6.3.3.3.2. Source Code
The use of source code of The Universe (in whole or in part) outside of The Universe is STRICTLY PROHIBITED.
6.3.4. Updating This Agreement
The Universe is constantly under development, the terms in this agreement in whole or in part are subject to change at any time, with or without notice, for any reason specified or unspecified, or without reason.
6.3.4.1. Reasonable Notice Waiver
You waive your right to reasonable notice of changes to this agreement, it's policies, or referenced like. The Universe may attempt to notify you about these changes but that shall occur according to your settings within The Universe. Your waiver does not grant you any rights to aforementioned notice.
6.3.5. Limits on Liability
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or The Universe, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or The Universe will not exceed $100 USD. This provision is subject to change without notice and is considered temporary, as The Universe grows with its customers it will consider the amount that it will not exceed on a case by case basis but this provision stands unless otherwise notified.
6.3.6. Additional Terms
Parts of The Universe may be governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
6.3.7. Reinforcement
If we fail to enforce any of these Terms, it will not be considered a waiver.
6.3.8. Transfer Restrictions
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
6.3.9. Confer of Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. They may not usurp the authority of The Proxy.
6.3.10. Change of Username
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life, if we release a new portion of The Universe, if your username is connected to another asset).
6.3.11. Waiver of Feedback
We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
6.3.12. Rights Reserved
We reserve all rights not expressly granted to you, and may revoke any right granted to you at any time, without notice.
6.4. Notification of Violations
If you discover that you violate a portion of this agreement, any term contained in it, or in a venture that is in violation of this agreement, you agree to:
- notify the Universe of any and all violations, including the scope of any and all violations and any or all information requested by The Universe with regards to the violation; and
- cease and desist from further violations; and
- attend a Code of Authority hearing (as determined by The Universe) regarding the violation, its scope, and the term that caused the violation, and suggest alternative solutions to the term.
6.4.1. On Receipt
If The Universe acknowledges receipt of a notification, The Universe agrees to:
- Not hold liable; cause harm; restrict; adjust or limit; or otherwise penalize the person or person(s) named in the notification with exception to a percentage of any and all monies related to, through, or in association of the violation as determined by this section AND any terms listed in the proceeding items; and
- shall act in good faith of the self-report and respect your right to a fair and unharmful hearing regarding the violation; and
- to fix, correct, amend, adjust, make changes to, or at least in consideration to the violation of attached terms, product, or service, except when doing so would jeopardize the rights contained in the Competequo Section (9), the right to protect data, or when doing so would cause harm to any other customer of The Universe; and
- open for discussion the term to other and all members of The Universe when the total active companies that utilize The Universe is greater than one hundred (100); and
- using the various advisors on staff or those who qualify for advisory status as determined by The Proxy and The Proxy's chosen agents, WHICH MAY OR MAY NOT BE the agents of The Universe, shall discuss the term and alternate solutions; and
- enable those named in the notice to provide comment about the violation, the associated term, and any associated information; and
- to release the ruling and hearing in a reasonable time regarding the violation, the percentage required by the violation, any waivers in connection with the violation, and changes to the terms or notice of no changes to the term.
6.4.2. Percentages of Violation
When you notify The Universe of a violation through established procedures, The Universe will not access any fines or fees and will consider you no longer "in breach" except with the following considerations.
6.4.2.1 Sales
All sales connected to a violation may be charged a percentage of all money transacted under the following restrictions:
- 15% when the entire company is based on the violation and thereto connected to the violation with at least 60% or more of the business resulting from a violation of these terms and the closure of the business or the transfer of the business back into compliance as outlined in an official Compliance Agreement; or
- 35% when the debt ratio of the venture is considered above 50% of its valuation (as determined by two (2) separate venture evaluation companies) and the transfer of the business back into compliance as outlined in an official Compliance Agreement; or
- 55% when the venture in question uses the violation for less than 50% of their business and the transfer of the business back into compliance as outlined in an official Compliance Agreement; or
- Complete waiver of any percentage of transactions as determined only by The Proxy and The Proxy's chosen agents, WHICH MAY OR MAY NOT BE the agents of The Universe; or
- 100% of all transactions when the venture is considered designed to expressly cause harm, dilute the business interests of, or in any other way cause The Universe, or any other person associated or not associated with The Universe intentional harm or other nefarious activity OR of which it is discovered during or anytime after that the notification is misleading, missing information, or intentionally designed to cause The Universe to pronounce a favorable decision on your behalf or The Univeres's, or bare false testimony in the notification, talks associated with the notification, or during any hearing.
6.4.2.2 Concept or Venture
Any concept considered in violation, such as an idea, a product, a service, or anything reasonably known or yet to be known, may be subject to a split revenue agreement, ownership sharing agreement, or other stakeholder responsibility as determined by an official Compliance Agreement.
6.4.3 Official Compliance Agreement
An official compliance agreement is created by The Universe, certified by The Proxy and The Proxy's chosen agents, and
- outlines any responsibilities to you, the person or persons attached to the notification, to help assist you to come into compliance; and
- the final decision on the term including changes or the assertation of no changes; and
- any financial commitments that you, the person or persons attached, shall agree to; and
- any waivers and assertation of waivers for past violations; and
- the timetable for compliance.
7. In Reference
This section includes references made in other sections, such as additional policies regarding the storage of data, third-agreements, and other references. THE TERMS INCLUDED IN THIS SECTION (AND THIS SECTION 7. ONLY) MAY OR MAY NOT BE INCLUDED AS PART OF TERMS.
7.1. Stripe and It's Policies
In order to preserve the integrity of a user's financial information, we currently process transactions with Stripe. We only send data absolutely necessary for stripe's normal operations. At the time these terms were created, Stripe's policies were recorded here: https://stripe.com/privacy. Please note, you may be subject to privacy policies and other conditions in accordance with their terms. Please read through them carefully.
7.2. Google Privacy Policy
Some front-end websites may use or utilize Google Analytics or other portions of Google's products and services. At the time this item were created, Google's policies were recorded here: https://policies.google.com/technologies/partner-sites. Please note, you may be subject to privacy policies and other conditions in accordance with their terms. Please read through them carefully.
8. Fair Use Policy
The Universe believes in Fair Use and sharing your unique universe experience with the world. However, in accordance with these terms, content from The Universe is the intellectual property of The Universe (section 6.3.3.1.). In order to allow you to share, collaborate, and spread the excitement, we created this fair use policy.
8.1. Good Faith Use
We call this, "Good Faith" because The Universe believes that you are generally an honest person and don't intend any harm to our brand or image. In fact, we believe that when you share our material it helps us grow a vibrant creative community and reach more audience members.
Use the following list to know that you're posting a creative element in a safe, positive, and dispute freeway.
- You showcase the brand, the creator of the content, or the like in a creative and positive way.
- You surround the quote with positive, affirming, encouraging content that respects the views of the creator of the content and The Universe.
- You generally have a positive and creative brand image that supports creative works that may not always agree with your views.
- If you're reviewing a work, your review is not biased, not overly critical, and is constructive. It provides collaborative feedback for improvement and respects the original views (moral, ethical, and political) of the original content creator and provider (such as the writer).
- You're not using our material to sell any service, to join us to your brand, or make a political statement (including hot-topic social and cultural items) without our prior written consent and an active license by The Universe.
- You're not a member of the press whose organization participates in negative, overtly bias, or other nefarious tactics.
- You're open to receiving a contact from The Universe to discuss something you posted for collaboration and improvement without charging a cost or requiring a license.
- You're not using The Universe brand in an unlicensed way.
8.2. Need a License
We can often license our content for free or low cost depending on your brand, image, and the possible demographic reach. You can request a license by contacting The Universe.
8.3. Attribution
The Universe doesn't like to hinder your creativity, so generally speaking, if you add an attribution notice and are not making a profit from the post (or post on an account cultivated to advertise third-party products) you may be in the clear.
8.3.1. The Right To Action
The Universe can't possibly know every possible situation which may or may not hinder its or someone else's intellectual property. We ask that you honor any requests to pull down content as fast as it takes to post it.
9. Competequo
In order to create an equitable balance between competitors, competition and establish common practices for which to conduct business fairly between The Universe while maintaining a license to use The Universe technology, concepts, brand, ideas, and all relevant property: protected, copywritten, and yet to be protected, drafts, ideas, or derivative works: you agree to these terms and stipulations.
9.1 In Using The Universe
If you, or a member of your team, a company you own, a venture you are a part of, a concept you designed, or an idea you are producing, and the like, develop, design, produce, release, instruct, sell, resell, build, code, compile, deconstruct, decompile, give away (for a fee, non-profit, or for a profit), any portion of The Universe, in whole or in part, you agree to pay compensatory damages, royalties, loyalties, and other financial provisions to The Universe as included in the section noted Competequo Responsibilities (9.5).
9.2 Creating Deriavative Works
If you, or a member of your team, a company you own, a venture you are a part of, a concept you designed, or an idea you are producing, and the like, in your endeavors, create a derivative work of, or an adaption of, of The Universe in whole or in part: including any known or unknown, fully developed or in development, publically or privately component, service, product, entertainment, gaming, story, concept, technology, and the like; you agree to pay compensatory damages, royalties, loyalties, and other financial provisions to The Universe as included in the section noted Competequo Responsibilities (9.5).
9.3 Direct Competition
If you, or a member of your team, a company you own, a venture you are a part of, a concept you designed, or an idea you are producing, and the like, in your endeavors, determine to utilize The Universe brand name, any brand by The Universe, any name or associated names: known or unknown, fully developed or in development, publically or privately component, service, product, entertainment, gaming, story, concept, technology, and the like; brand styled like The Universe; you agree to pay compensatory damages, royalties, loyalties, and other financial provisions to The Universe as included in the section noted Competequo Responsibilities (9.5).
9.4 Payment Processing and Provisions
If you, or a member of your team, a company you own, a venture you are a part of, a concept you designed, or an idea you are producing, and the like, in your endeavors, determine to utilize a payment system other than that authorized by The Universe, adapted to The Universe through the App Artisan program, or otherwise has an agreement with The Universe to pay residuals due to The Universe while using The Universe, customer or vendor data of The Universe (wether known before The Universe or after The Universe), or assumed ownership of The Universe; you agree to pay compensatory damages, royalties, loyalties, and other financial provisions to The Universe as included in the section noted Competequo Responsibilities (9.5).
9.5. Competequo Responsibilities
In pursuit of your terms and obligations under the provisions of this section, you agree to pay compensatory damages, royalties, loyalties, and other financial provisions to The Universe as included below:
9.5.1 Payments and Transactions
If you collect payment from a customer, business, vendor, client, or the like, you agree to pay a minimum of 1% of all transactions from the instantiation of your endeavor, except when overridden by a proceeding term.
9.5.2. Payments Collected through Universe App Tools
If you collect payment from a customer, business, vendor, client, or the like and utilize Universe App Tools, you agree to pay a minimum of 2% of all transactions from the instantiation of your endeavor, except when overridden by a proceeding term.
9.5.3 Payments for Extensions, Applications, Plugins, Components, Elements, Services
If you collect payment from a customer, business, vendor, client, or the like concerning an extension, application, plugin, component, element, or service in association with The Universe, whether from The Universe Marketplace (Nexus) or by providing installation through a separate third-party file or upload; you agree to pay a minimum of 15% of all transactions from the instantiation of your endeavor as related to this term, except when overridden by a proceeding term.
9.5.4 A Sale of a Venture
If you sell a product or service, a portion, or an entire portion of a service that is considered to result in responsibility to The Universe through the terms mentioned in this section (in any particular order), you agree to pay 5.7% of the final sale price before debt, and other considerations; a total of all payments to be paid out; from individual stakeholder payments or the entirety of the stakeholder payments; from you or your organization with known name or unknown name.
9.6 Assertation of Competition
If you, or a member of your team, a company you own, a venture you are a part of, a concept you designed, or an idea you are producing, and the like, in your endeavors, that is connected within The Universe prior to a release of a product or service by The Universe, of which the product or service is considered a replication of a product or service in accordance to the list above, The Universe reserves the right to pay you a fair market fee to compensate you for the loss of a product or service. The Universe shall determine the payment and the considerations. The Universe shall not guarantee payment by this clause but will enact this clause at its discretion in good faith regarding your right as granted by The Universe to compete and offer unique innovations.
9.7 Restrictions
You, or a member of your team, a company you own, a venture you are a part of, a concept you designed, or an idea you are producing, and the like, in your endeavors, agree not to replicate, create derivative works, or deliver alternate solutions to The Universe, it's products and services, it's concepts, it's ideas, known or unknown, released or unreleased, in development, or publically or privately available, in whole or in part, of with which a client or customer may take data that is considered protected by The Universe or is considered in regards to The Universe or customers of The Universe.
10. Contract Responsibility
This article stipulates, in addition to other terms in this document, to whom may be considered liable for these terms and for how long they are liable. This article is not considered an exhaustive list of those who may be qualified for the obligations, rights, and privileges contained in all the terms.
10.1 Responsibility
Anyone who accesses the Universe, any reader of these terms, accesses The Universe sites, access a restricted or unrestricted portion of The Universe, and on any client website, product, or service, or access any service provider utilized by The Universe.
10.2 Length of Responsibility
Those responsible, including yourself, shall be held accountable to the Terms of Service as it is updated without limit, with or without extension, with or without notice of update.
10.3 Bad Faith
In any event, if you or anyone you know has discovered or actively participated in a loophole, circumvention, or otherwise determined to operate in bad faith, you have agreed to alert The Universe, cease and desist in all bad-faith activities, and wrap that operation in a confidentiality agreement to which confidentiality doesn't preclude you from providing any and all information to The Universe as requested by The Universe when you notify The Universe of the event.
11. App Artisan Program
This article includes grants, privileges, conditions, and regulations for the Application Artisan Program (known commonly as being an "App Artisan" or the "App Artisan Program").
11.1. Qualifications
To qualify to be considered an App Artisan or member of The App Artisan Program, an applicant must
- be considered of legal age as interpreted by this agreement and their manciple entity, including providing all requested legal documents and tax documentation; and
- paid the application fee; and
- pay the annual fee; and
- pass a security, privacy, competency requests, and related background checks; and
- list all applications, companies, and ventures in The Universe; and
- agree to list all client applications, companies, and ventures who will utilize The Universe in any way in The Universe; and
- have and maintain any data license as required by The Universe or your local municipal entity when applicable; and
- agree to act in accordance with all terms.
11.2. Access to Select Universe Code
Members of the App Artisan program may be granted access to code owned and operated by The Univers. They shall consider that code and all derivatives of that code as property of The Universe whether accessed through the aforementioned program or obtained via other means.
11.3. Forbidden Actions
You agree not to abuse, use for abuse, in any way as indicated in these terms or as provided by legal law, or as determined by The Universe and its agents any client of The Universe, any member of The Universe, The Universe, any or all person or persons, any and all machine or machines.
11.4. Derivative Works
You agree to the stipulations in accordance with the Competequo Article and agree not to create your own Universe Marketplace to sell second or third parties in connection with The Universe, extensions, applications, plugins, components, elements, or services.
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