Welcome and thank you for visiting our website, www.TheSoulKeeper.com (“Site”). The Site is operated by HELM-Systems, LLC (“HELM-Systems”), a limited liability company duly organized under the laws of the State of Florida. HELM-Systems is an interactive media development company which develops games, apps and software for use in the interactive media space (our "Services"). This Terms of Service Agreement (“Agreement”) describes the terms by which you are allowed to use the Site.
Please read this terms of service agreement carefully. By clicking the “Accept” button below, or by participating in OR INSTALLING the game, or by using the http://thesoulkeeper.com website and related webpages, you agree that this agreement is enforceable like any written contract signed by you. If you do not agree to all of the terms of this agreement, click on the button that indicates that you do not agree to accept the terms of this agreement and do not participate in OR INSTALL the game or use the site.
Section 1 – General Provisions
1.1 This Agreement establishes the terms that apply to your use of the Site and Services. By accessing or using any part of the Site, including its features, or Site you agree to fully comply with this Agreement.
1.2 You agree to protect the confidentiality of your account credentials, and to be held responsible for all activity on your account, including for the actions of other individuals you allow to use your account. Please notify HELM-Systems immediately of any unauthorized access or use of your account.
1.3 The Site is intended for Users (defined below) over the age of thirteen (13). Any User between the ages of thirteen (13) and eighteen (18), or your local age of majority, shall review this Agreement with their parent or legal guardian to ensure that both you and your parent or legal guardian agree to the terms of this Agreement. If you are a User between the ages of the thirteen (13) and your local age of majority, you agree to have your parent or legal guardian review and accept this Agreement on your behalf. If you are a parent or guardian accepting this Agreement on your child over the age of thirteen’s (13) behalf, you hereby agree to accept full responsibility and liability for your child’s use of the services, including all financial charges that he may incur.
1.4 Users of the Site will be defined as anyone utilizing the Site.
1.5 HELM-Systems may, at any time, change or discontinue any feature of the Site, without notice.
Section 2 – Changing Terms
2.1 HELM-Systems may change or modify the terms of this Agreement at any time. Such changes or modifications will become effective upon posting. HELM-Systems may provide notice of changes to this Agreement through the Site and/or by email. Your use of the Site following notification will be deemed acceptance of all changes and modifications to this Agreement.
Section 3 – About the Site
3.1 The Site offers users information about The SoulKeeper video game and related content and services. It also provides users the ability to discuss The SoulKeeper video and related content, as well as other topics, with other Users on the Site through our community forums. HELM-Systems provides no direct services to Users other than information about HELM-Systems products and the ability to communicate with other Users. While forum activity is monitored and moderated, any decision to communicate within or beyond our forums is made at that User’s sole discretion.
3.2 Some of the Site’s features may be offered free of charge but HELM-Systems may charge for access to features. HELM-Systems will not charge you for any such services unless you provide consent prior to incurring charges. Some services may be offered as a subscription which would incur monthly charges. HELM-Systems reserves the right to change or cease its features or services offered at any time without notice. You agree that HELM-Systems will not be liable for any change or cessation of features or services.
3.3 You agree that all services provided by HELM-Systems are provided on an “AS IS” and “AS AVAILABLE” basis. Any difficulties that the Site may experience may result in the loss of data or other service or feature interruptions. HELM-Systems does not assume any responsibility or liability for the loss, deletion, timeliness or failure to store data or information.
3.4 Through the Site, you may access features or purchase goods or services that are provided by third parties. Your use of such features or purchase of goods or services may be subject to separate terms with the providing third party.
Section 4 - Conduct
4.1 You will provide true and accurate information about yourself. Please update any information that is no longer true or accurate.
4.3 You will not post or otherwise transmit through the Site anything that contains content that:
4.4 The above categories are not intended to be exhaustive. HELM-Systems may monitor content posted on the Site. HELM-Systems may edit or remove any content it determines is offensive or violates this Agreement, in its sole discretion, at any time without notice. The posting of such prohibited content may result in the removal of the prohibited content and/or termination of your access to the Site. You understand and agree that HELM-Systems is not responsible for the content posted on the Site by its Users.
4.5 By submitting content to any area of the Site, or by otherwise transferring content through the site, you automatically grant, or warrant that the owner of the content grants, a royalty- free, perpetual, irrevocable and non-exclusive right and license to use the content in any manner, at the sole discretion of HELM-Systems, in any form of media now known or hereafter developed.
Section 5 - Services
5.1 HELM-Systems may offer and provide products, services and websites accessed through internet-capable hardware platforms including gaming consoles, computer, mobile devices, smart phones, software applications and third-party programs (collectively, the “Services”). Such Services shall include, but are not limited to, content and information about our products, reviews, ratings, video content, experiences, forums, discussion boards and software, whether physical or digital. HELM-Systems may change, suspend or discontinue these services for any reason, at any time, including the availability of any feature or content provided. HELM-Systems may also limit the use of certain features and services or restrict access to such services in part or in its entirety without notice or liability.
Section 6 – Disclaimer
USE OF THE SITE IS AT YOUR OWN RISK. HELM-SYSTEMS DOES NOT WARRANT THAT THE SITE AND ITS FEATURES WILL BE SECURE, ERROR FREE, OR UNINTERRUPTED. YOU AGREE NOT TO RELY ON THE SITE, INCLUDING ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SITE, FOR ANY PURPOSE. THE SITE, ITS FEATURES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HELM-SYSTEMS AND ITS THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND MAKE NO REPRESENTATION OF ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR USER ON THE SITE, OR AS TO THE QUALITY OF ANY GOODS, MERCHANDISE, OR SERVICES PURCHASED THROUGH THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR ANY HARMS OR POTENTIAL HARMS TO YOUR PERSON, REPUTATION, COMPUTER SYSTEM, OR PROPERTY THAT RESULT FROM YOUR USE OF THE SITE OR YOUR INTERACTIONS WITH OTHER SITE USERS. HELM-SYSTEMS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS OF ANY NATURE.
HELM-SYSTEMS SHALL NOT BE LIABLE FOR ANY DISPUTE BETWEEN USERS. SUCH DISPUTES SHALL ONLY BE BETWEEN THE USERS INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE HELM-SYSTEMS, INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY ASSOCIATED WITH THE DISPUTE BETWEEN USERS.
IF ANY LIABILITY IS FOUND FOR ANY CLAIM OR SUIT ARISING OUT OF THIS AGREEMENT, THE LIABILITY OF HELM-SYSTEMS AND ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIMITED TO THE AMOUNT OF FEES RETAINED BY HELM-SYSTEMS IN CONNECTION WITH YOUR USE OF THE SITE OR ONE HUNDRED DOLLARS ($100).
Section 7 - Arbitration
7.1 Any controversy or claim you have against HELM-Systems relating to this Agreement or its purported breach, shall be settled by binding arbitration before the American Arbitration Association (“AAA”) in Florida by a sole arbitrator. Any controversy or claim shall not be consolidated with the controversies or claims of other individuals. HELM-Systems shall have the option to bring any claim or dispute against you in Florida state court or Federal Court, or in binding arbitration. You consent to personal jurisdiction and venue in the Florida State and Federal Court. HELM-Systems shall be entitled to seek its reasonable attorney’s fees and costs in any action against you. Any arbitration under this agreement shall be governed by the AAA Commercial Arbitration rules.
Section 8 - Indemnification
8.1 You agree to indemnify, defend, and hold harmless HELM-Systems and its respective officers, directors, employees, attorneys and their respective successors and assigns from and against all losses, costs, expenses, damages, or other liabilities (including reasonable attorney’s fees and costs) as a result of any claim, suit or proceeding resulting from the breach of this Agreement, your negligent or otherwise harmful conduct, your use of the Site, and any violations of law.
Section 9 – Account Closures
9.1 You may close your account at any time by sending a request to Contact@HELM-Systems.com. We will process all account closures within a reasonable timeframe upon receipt. Note that closed accounts may not be recoverable. Without limitation, HELM-Systems may terminate your account if you have breached a provision of this Agreement, do not intend to comply with this Agreement, are unable to comply with this Agreement, or if HELM-Systems is required to do so by law.
Section 10 – Intellectual Property
10.1 HELM-Systems reserves all of its intellectual property rights, including but not limited to the name HELM-Systems and The SoulKeeper, the SoulKeeper VR, the Site, the Site design, and the Site’s content. Unless you have agreed otherwise in writing with HELM-Systems, you agree that nothing in this Agreement gives you the right to use any of HELM-Systems’s intellectual property for any purpose, including the downloading or republishing any content located on the Site. You further agree that you will not use any intellectual property in a manner that may cause a likelihood of confusion as to the owner or creator of such content. HELM-Systems shall be permitted to use and/or modify any content located on the Site or uploaded to the Site in connection with promoting HELM-Systems and its products including The Soulkeeper.
10.2 HELM-Systems makes no claim of ownership to any intellectual property on the Site which would conflict with the ownership rights of game developers, publishers, and the like.
10.3 If you believe any content on the Site infringes upon the intellectual property of yourself or others, please let us know at Contact@HELM-Systems.com.
Section 11 – Terms of Purchase
11.1 HELM-Systems may charge and collect tax on all eligible shipments of goods and purchase of services that were purchased on the Site, whether physical or digital. For any goods purchased on the Site, risk of loss transfers to you upon delivery to the carrier. Listed prices may change at any time without notice to you. Prices listed on the website do not guarantee purchase prices until payment is made. HELM-Systems may process payments through a third-party service provider.
Section 12 – Third Party Content
12.1 Any opinions, statements, content, advice, services or information made by any third parties, including other Site Users, on the Site are those of the respective author(s) and not HELM-Systems. HELM-Systems does not endorse, nor is it responsible for, the opinions, statements, content, advice, services, or information made available on the Site by third parties. HELM-Systems will not be liable for any loss or damage caused by your reliance on information obtained through the Site, as it is your responsibility to determine the completeness, accuracy, or usefulness of any information, advice, services, statements, opinions or content on the Site.
Section 13 – Outside Links
13.1 The Site may have hyperlinks to other websites or services. HELM-Systems does not control websites or content that have not been provided by HELM-Systems. You agree that HELM-Systems does not endorse the websites or content that it did not provide. HELM-Systems will not be held liable for any reason in connection with websites or content posted on the Site by third parties or Users.
Section 14 – Miscellaneous
14.2 This Agreement shall be governed by Florida law. The failure of HELM-Systems to partially or fully exercise any rights under this Agreement shall not prevent any exercise of such right, or be deemed as a waiver of such rights. The exercise of any rights under this Agreement shall not limit HELM-Systems’s right to exercise any other remedy.
14.3 HELM-Systems reserves the right, in its sole discretion, to change these Terms of Service. The most current version of these Terms of Service will supersede all previous versions. HELM-Systems encourages you to periodically review these Terms of Service to stay informed of our updates.
Section 16 – Contact, Questions, Comments
16.1 Should you have any questions or comments relating to this Agreement, please contact us at Contact@HELM-Systems.com.
This Agreement was last updated on November 29, 2016.