Joystick Terms of Service

ALL PERSONS ACCESSING ANY Joystick PRODUCTS OR SERVICES OR ANY PERSONS WHICH HAVE PROGRAMMED, OWN, OR OPERATE AN APPLICATION, SOFTWARE, COMPUTER, ARTIFICIAL INTELLIGENCE SYSTEM, OR OTHER MACHINE TO ACCESS ANY Joystick PRODUCT OR SERVICE INDEPENDENTLY WITHOUT HUMAN INTERACTION MUST FULLY READ AND AGREE TO THE FOLLOWING TERMS OF SERVICE, AND ALL OTHER Joystick LEGAL POLICIES, THE DISCLAIMER, COPYRIGHT NOTICE, PRIVACY POLICY, and COOKIES POLICY PRIOR TO THEIR USE OF ANY Joystick PRODUCT OR SERVICE. IF THE USER DOES NOT FULLY UNDERSTAND ANY PART OF THESE TERMS OF SERVICE, THE USER SHOULD CONSULT A LEGAL PROFESSIONAL FOR REPRESENTATION OR ADVICE.

PARTICIPANTS

The Joystick terms of service set forth is a legally binding contract in electronic form between you the Joystick User hereinafter referred to as the “User” and Joystick a subsidiary of the Natural Earth Holding Company. Both Joystick and User together are hereinafter referred to as the “Parties”. The User represents and warrants that they are eighteen (18) years of age or older (or the legal age of adulthood in the User's country) and that they are recognized as being able to form legally binding contracts under applicable law or are authorized to enter into a legal agreement on behalf of a corporate entity.  If the User is under 18 years of age, the User must obtain verifiable permission from the User's parent or legal guardian to access Joystick products or services, and the parent or legal guardian must agree to these terms of service on the User's behalf.

THEFT OF INTELLECTUAL PROPERTY

The User will not copy, duplicate, clone, mirror, modify, adapt, reformat, download, store, reproduce, reprocess, transmit, redistribute, or sell any Joystick intellectual property. This includes, but is not limited to all: original source code, content, files, data, images, graphics, logos, algorithms, methods, concepts, designs, systems, frameworks, or other information or materials contained in any Joystick products or services. The User will not access, use, or incorporate any Joystick intellectual property in a commercial, non-profit, or other enterprise without obtaining prior written consent or a license. Any theft of Joystick intellectual property will be prosecuted to the full extent of the law in the United States of America and applicable international courts and tribunals.

ILLEGAL AND UNSOLICITED ACTIVITIES

The User agrees not to engage in any hacking, cyber intrusions, fraud, spying, theft, or any other types of hacking activities directed either towards Joystick, its subsidiaries, partners, or other Joystick Users through the use of any Joystick products or services. This includes, but is not limited to: backdoors, malware, trojan horses, ransomware, spyware, worms, viruses, or other malicious code. The User agrees not to commit any security breaches or damage to any Joystick system. Any violations will be reported immediately to the Cyber Division of the Federal Bureau of Investigation (FBI) and all other applicable law enforcement agency for inquiry and possible prosecution under the Computer Fraud and Abuse Act (CFAA) of 1986, and all other applicable local, state, Federal, international, and other country laws or regulations.

The User agrees not to use any Joystick product or service for any unlawful purpose or in furtherance of illegal activities. This includes, but is not limited to: buying, selling, or facilitating transactions of illegal products or services, as well as certain types of regulated products or services.

The User agrees not to engage in, promote, or encourage any type of violence, harassment, hate speech, terrorism, violent extremism, and other similar types of behavior towards anyone through the use of any Joystick products or services.

The User agrees not to engage in any unsolicited activities through the use of any Joystick products or services. This includes, but is not limited to: spam, the promotion of any other products or services, and the selling of any products or services. The User agrees to comply with the US CAN-SPAM Act of 2003 and all other applicable local, state, Federal, international, and other country unsolicited communication and anti-spam laws and regulations that govern marketing communications or emails.

The User agrees not to use any robots or intelligent agents of any kind, including but not limited to spiders, spiderbots, web crawlers, crawlers, scrapers, bots, artificial intelligence, and Internet bots, to access, download, archive, map, or index any Joystick products or services for any purposes unless expressly authorized by Joystick beforehand.

Joystick will report to the appropriate law enforcement agency any User actions that may be illegal, and any reports that are received of any such violation of any laws or regulations. When legally required or at Joystick’s discretion, Joystick will fully cooperate with law enforcement agencies in any investigation of alleged illegal activities that have been done through the use of any Joystick products or services.

The User will be held liable under all applicable local, state, Federal, international, and other country laws and regulations for any and all monetary damages that arise from any lawsuits either from Joystick or any third party as a result of any illegal or malicious actions done directly by the User.

PERSONAL, NON-COMMERCIAL USE

Joystick grants the User permission, but not ownership, to use all Joystick products and services for the User's personal, non-commercial enjoyment. This access is limited, meaning it's for the User's personal enjoyment only, and can be revoked at any time. While the User can interact with the content within Joystick products or services, the User is essentially borrowing them, not purchasing them outright.

MODIFICATION OR DISCONTINUANCE OF JOYSTICK PRODUCTS OR SERVICES

Joystick reserves the right, at any time, to modify or discontinue, temporarily or permanently, any Joystick product or service, and/or to refuse or restrict the User from access to any Joystick product or service, with or without notice and at the sole discretion of the Joystick.

TERMINATION OF ACCESS

Joystick reserves the right to terminate and block the User's access to any Joystick product or service for any action that Joystick determines is inappropriate or disruptive to any Joystick product or service. Joystick also reserves the right to terminate and block the User's access to any Joystick product or service, with or without cause and with or without notice, for any reason or no reason, and in its sole discretion.

IN-APP PURCHASES

Joystick offers certain features and functionalities that can be unlocked through in-app purchases. These purchases are processed entirely through Google Play. By making an in-app purchase, the User acknowledges that the transaction is between the User and Google and that Joystick is not a party to the sale.  All billing, refunds, disputes, and other inquiries related to in-app purchases must be directed to Google Play. Joystick has no control over these processes and cannot offer refunds or alter transactions made through Google Play.

VIRTUAL ITEMS

Virtual items refers to any in-game digital goods the User can acquire, including but not limited to, currency, avatars, vehicles, skins, and collectibles. These items are licensed, not owned by the User, and can only be used within the specific game. They have no real-world value and cannot be sold or traded outside the game unless explicitly allowed. Joystick reserves the right to change or remove any virtual items at any time, and may limit how many the User can hold or for how long. The price and availability of these items can also change. By using any Joystick game or service, the User agrees that they have no claim of ownership over any virtual items.

PLAY HEALTHY

Joystick is committed to providing a fun and engaging gaming experience. However, it's important to remember that the games offered may contain stimulating content or mechanics. To ensure the User's well-being, Joystick advises that the User play responsibly. If the User has a history of gambling disorders or gaming addiction or the User feels themselves  developing one, Joystick urges the User to refrain from playing and seek professional help. Gaming addiction can have severe consequences for the User's finances, mental health, physical health, and relationships. Please take breaks often, and be mindful that extended periods of gaming can negatively impact the User's well-being. Remember, games are meant for entertainment, the User prioritize their health and safety above all else.

PHOTOSENSITIVE SEIZURE WARNING

Video games may contain flashing lights or specific visual effects that could trigger seizures in a small number of people, even those without a history of epilepsy or photosensitivity. For the User's safety, if the User or the User's family members have epilepsy or photosensitivity, consult a doctor before playing Joystick video games. Stop playing Joystick video games immediately and see a doctor if the User experiences any of these symptoms: dizziness, vision changes, muscle twitches, confusion, loss of awareness, involuntary movements, or convulsions.

FEEDBACK

If the User, sends or transmits any comments, questions, suggestions, errors, ideas, thoughts, knowledge, concepts, techniques, content, screenshots, diagrams, or other communications, data, or information (collectively known as, “Feedback”) to Joystick, whether by email, postal mail, telephone, in person, or otherwise, suggesting or recommending changes or improvements to Joystick products or services, including, without limitation, new features or functionality relating to Joystick products or services, all such Feedback is, and will be treated as, non-confidential and non-proprietary. When submitting Feedback the User hereby relinquish all right, title, and interest in, and Joystick is free to use in any manner, without any attribution, compensation, or notice to the User, any comments, questions, suggestions, errors, ideas, thoughts, knowledge, concepts, techniques, content, screenshots, diagrams, or other communications, data, or information contained in the Feedback, whether or not patentable, trademarkable, or copyrightable, for any purpose whatsoever. This includes, but is not limited to: displaying, reproduction, distribution, developing, manufacturing, licensing, marketing, and selling, directly or indirectly, in Joystick products or services.

FORCE MAJEURE

In no event shall Joystick be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns, interruptions, or malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, Joystick agrees to make a good faith effort to perform their obligations hereunder and shall not be liable for damages to the User for any damages resulting from such failure to perform or otherwise from such causes.

INDEMNIFICATION

The User agrees, at their own expense, to indemnify defend, and hold harmless Joystick, its officers and directors, employees, Users, affiliates, partners, subsidiaries, agents, and their respective successors and assigns, and upon all other persons, if any, who controls any thereof, against any loss, liability, claims, suits, actions, or other proceedings arising in connection with any Joystick product or service. Joystick's cooperation for any such defense is made without waiver of any attorney-client, work-product, or other legal privileges. The User agrees to be responsible and liable for any and all costs, damages and expenses incurred in investigating, preparing or defending against any litigation commenced or threatened, or any claim, suit, action, or other proceeding whatsoever. This includes, but is not limited to, all attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claims, suits, actions, or other proceedings.

GOVERNING LAW AND JURISDICTION

The construction, interpretation, and enforcement of these terms of service shall be governed by and construed in accordance with the laws of the State of Wyoming where Joystick is headquartered. The User irrevocably (a) submits to the non-exclusive jurisdiction of the Federal and state courts in the venue of the First Judicial District, Laramie County, Wyoming, United States for the purpose of any claim, suit, action, or other proceeding arising out of these terms of service or anything related to a Joystick product or service, (b) agrees that all claims in respect of any such claim, suit, action, or other proceeding may be heard and determined by any such court, (c) waives to the fullest extent permitted by applicable law, any immunity from the jurisdiction of any such court or from any legal process, (d) agrees not to commence any such claim, suit, action, or other proceeding other than in such courts, and (e) waives, to the fullest extent permitted by applicable law, any claim that any such claim, suit, action, or other proceeding is brought in an inconvenient forum.

MODIFICATION

Joystick may modify these terms of service at any time. Joystick will make an effort to publicize these changes with notification given through the Joystick products and services and with an email message to all Users that have a registered account, but the User is solely responsible for checking these terms of service periodically for changes. If the User does not agree to the changes, the User must stop using Joystick products and services. Continued use by the User of Joystick products and services after the effective date of any changes means that the User agrees to the changes. If a court of law finds that any provision in these terms of service is invalid or unenforceable, the remaining provisions in these terms of service will continue to be valid and enforceable.

TERMINATION

The User or Joystick may terminate these terms of service with or without cause at any time and effective immediately. The User may terminate these terms of service by discontinuing the use of all Joystick products and services and destroying all saved and cached data, content, files, images, graphics, logos, information, and other materials obtained from Joystick products and services. Joystick will terminate these terms of service immediately without notice if Joystick determines that the User has failed to comply with any provision of these terms of service. Joystick shall have all rights and remedies available to it at law or in equity resulting from the User violating these terms of service. Upon notice of termination of these terms of service by Joystick, the User must destroy promptly all saved and cached data, content, files, images, graphics, logos, information, and other materials obtained from Joystick products and services, and any other provision of these terms of service that by its nature should survive, shall survive any termination of these terms of service.

ENTIRE TERMS OF SERVICE

The Parties acknowledge and agree that this document shall constitute the entire terms of service between the Parties for the products and services being provided to the User by Joystick. These terms of service and the other legal policies and schedules referred to herein constitute the entire terms of service and supersede all other prior agreements, contracts, negotiations, communications, writings, and understandings, both written and oral, among or between any of the Parties, with respect to the subject matter hereof and thereof; provided. No other agreement or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by Joystick which are not expressly set forth in these terms of service. These terms of service may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.

ACKNOWLEDGEMENT

The User, represents that they have fully read, understand, and agree to be bound by the terms of service for all Joystick products and services. The User also signifies that they acknowledge and assent to all other Joystick legal policies, the Disclaimer, Copyright Notice, Privacy Policy, and Cookies Policy which are accessible below. If the User refuses to accept the Joystick terms of service or any of the aforementioned Joystick legal policies, such User may not legally use any of the Joystick products or services. Any terms and conditions proposed by a User which are in addition to or which conflict with these terms of service or with any of the aforementioned Joystick legal policies are expressly rejected by Joystick and shall be of no force or effect.

By registering, logging in to, accessing, or using any Joystick product or service, this constitutes a legal and valid electronic signature and hence, represents evidence that the User fully understands and recognizes the Joystick terms of service and all of the aforementioned Joystick legal policies.

Questions about the Joystick terms of service can be sent to: Joystick Legal Department

The Joystick terms of service was last updated on July 6, 2024.