1. Acceptance of Terms
Welcome to AeroDash ("we," "us," or "our"). By accessing or playing AeroDash via our website, mobile application, or any other platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and AeroDash concerning your use of the Service.
If you do not agree to these Terms, you may not access or use the Service. By clicking "Play," creating an account, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SERVICE. IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THESE TERMS OF SERVICE PRIOR TO YOUR USE OF THE SERVICE.
2. Description of Service
AeroDash is a procedurally generated, endless runner arcade game accessible via web browsers. The Service includes the game itself, the website, community forums, leaderboards, and related services.
We provide the Service on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time, with or without notice to you. You agree that AeroDash shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
2.1 Virtual Goods
The Service may include virtual items, currency, or cosmetic upgrades ("Virtual Goods"). Virtual Goods have no real-world monetary value and cannot be redeemed for actual currency, goods, or services. You obtain a limited, non-transferable, revocable license to use Virtual Goods within the Service.
3. User Accounts
To access certain features of the Service, such as global leaderboards or saving progress, you may be required to create an account ("AeroID").
Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. AeroDash cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Account Information
You agree to provide accurate, current, and complete information during the registration process. You may not use a username that is offensive, vulgar, or infringes on the rights of others. We reserve the right to force forfeiture of any username that violates these Terms.
4. User Conduct
AeroDash is designed to be a competitive, fun, and fair environment. To maintain this spirit, you agree not to engage in any of the following prohibited activities:
- Cheating and Automation: Using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service.
- Reverse Engineering: Attempting to derive source code, modify, decompile, disassemble, or reduce the Service to a human-perceivable form.
- Server Abuse: Overburdening, attacking, or attempting to gain unauthorized access to our servers or networks.
- Harassment: Harassing, threatening, or defaming other users or AeroDash staff.
- Commercial Use: Using the Service for commercial purposes without our express written consent, including selling accounts or Virtual Goods.
Violation of these conduct rules may result in immediate termination of your account and a permanent ban from the Service.
5. Intellectual Property
The Service, including but not limited to its "look and feel," graphics, proprietary code, artwork, audio, music, animations, interface designs, trademarks (including the "AeroDash" name and slogan "Run fast, jump high, and conquer the endless sky"), and all other content available through the Service are the exclusive property of AeroDash and its licensors.
These materials are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial entertainment purposes only.
6. User Content
"User Content" means any data, text, graphics, photographs, or other materials that you upload, post, or transmit through the Service (e.g., username, chat messages, or custom profile data).
By submitting User Content, you grant AeroDash a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the operation and promotion of the Service.
You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate the rights of any third party.
7. Disclaimers
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AERODASH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AeroDash makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AERODASH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
- (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
- (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND
- (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL AERODASH’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID AERODASH, IF ANY, IN THE LAST 12 MONTHS.
9. Indemnification
You agree to defend, indemnify, and hold harmless AeroDash and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12. Dispute Resolution
Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be San Francisco, California.
Class Action Waiver
YOU AND AERODASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.