Terms of Service

Created: 27 June 2021, 17:53:00 PDT
Last updated: 30 June 2024, 17:06:23 PDT

By accessing and/or participating in Keepers of Eniv you acknowledge you understand and agree to our Terms of Service and Rules, and are bound to them by all applicable laws and regulations. You agree you are responsible for your compliance with these, as well as any local laws that may pertain to you.
If you do not agree to the following Terms, you are prohibited from accessing and participating in our site, and taking part in Keepers of Eniv-related activities.

Keepers of Eniv reserves the right to update our Terms of Service and Rules at any time, with or without notification.

TERMINOLOGY

  • “We”, “Us”, “Company”, and “Keepers of Eniv”
    Refers to Keepers of Eniv, Wandering Abor Studios, and its subsidiaries.
  • “Player” and “User”
    Refers to individuals accessing KeepersofEniv.com and/or participating in activities hosted by, or relating to KeepersofEniv.com, be it on the site directly or on a related third party host.
  • “Services”
    Refers to games released by Us and all related chatrooms (hosted on first or third parties), messages, forums, customer service for related games and analytics, ads, billing, etc. 
  • “Virtual Currency”
    Refers to our in-game currencies such as Star Shards and Gems, which cannot hold or be exchanged for real-world value.
  • “In-Game Items”
    Refers to virtual, in-game items, achievements, accounts, and virtual-currencies created within the game released by Us.
  • “Characters”
    Refers to the designs created and imported into the game, whether by staff members of Keepers of Eniv, guest artists, or by Players.
  • “Art Packs”
    Refers to the virtual art assets created by Keepers of Eniv made available to Players through our site with the intent of allowing Players to create and customize their game (including Characters).
  • “Custom Commissioned Content”
    Refers to virtual assets commissioned specifically by the Player from our official art team, and paid for in real-life currency or the on-site currency, Gems.

 

Terms of Use

Keepers of Eniv grants a non-exclusive, non-transferrable, revocable, limited license use, subject to these Terms of Service, to access and use of our Services for your own non-commercial, entertainment purposes. This includes any subsidiaries, such as data, analytics, advertising, etc. 

We do not grant permissions for our site to be used in the creation of AI of any kind - be it personal, entertainment, or commercial use. We do not grant permission for our site to be used in the creation or assistance of block chain technology, data scraping, NFTs, data mining, or any other technologies, present or future, not directly stated to be given expressed permission to access and use our Services. 

Services, assets, and materials on Services are provided “as is”. Keepers of Eniv makes no warranties, expressed or implied, and negates all warranties.

ACCOUNT

  • Keepers of Eniv is offered only to Users meeting the minimum age of sixteen (16) years of age. If you do not meet this minimum age, you are not permitted to have an account and must discontinue using the Service immediately. By continuing to use this Service or participate in Keepers of Eniv, you are agreeing that you are at least sixteen years of age.
  • Keepers of Eniv reserves the right to monitor Services for activity in both public and restricted spaces, and to disclose information to law enforcement if and when necessary. 
  • Users agree to provide accurate and truthful information when creating their account. This includes their email address and date of birth. It is the responsibility of the User to update this information if it changes.
  • Accounts not fully registered and activated within forty-five (45) days of signing up are subject to removal.
  • Users are responsible for creating and maintaining a strong, secure password for their account, and keeping their password protected from others.
  • Users are solely responsible for all activity on their accounts.
  • Users may have one (1) account.
  • Users may not share their accounts. This includes sharing account details or “account-sitting”.
  • In-game item “lending” is not a supported transaction. We do not support the idea of “item lending services” or “trading trees”, and do not moderate these situations. Please be sure you are using the on-site Trading service to complete your trades.
  • Users may not hold an account with the sole purpose of funneling resources to another account. It does not matter if the secondary account is held by themselves or a third party.
  • Accounts may not be given away, sold, or transferred to another individual in any way.
  • Active accounts must be held by a living person, and cannot be held by a bot, AI, or any variation of non-organic entity. 
  • The sale of In-Game items and In-Game currency for monetary currency, crypto-currency, or any other real world currency is strictly prohibited, with the exception of characters tagged by staff as available to be sold.
  • Discussions of, or relating to, incidents of reprimands or bans is not allowed on Services. If you have a question regarding an incident you were directly involved in, you may reach out to our staff for clarification and we’ll be happy to investigate for you. Please keep in mind, to protect player privacy, Keepers of Eniv will never disclose account related information to third parties.
  • Keepers of Eniv may issue a warning or ban an account at any time, for any reason, with or without notice.

CONDUCT

  • Illegal conduct is prohibited within Keepers of Eniv. This includes, but is not limited to, posting links or resources to or regarding illegal material, as well as requesting information on activities illegal in your area.
  • Do not post spam, or post unsolicited advertisements in public or private areas of Keepers of Eniv or its related sites and/or groups where not designated.
  • Do not distribute content that may cause harm to Services or Users.
  • Do not attempt to maliciously deceive or mislead staff or Players.
  • Do not disseminate false information or defamatory statements about Keepers of Eniv or its staff.
  • Do not copy, modify, or adapt the proprietary software of the Services.
  • You may not impersonate another person, or imply that you are a member of Keepers of Eniv staff or a Services employee.
  • Do not attempt to act as a member of staff or an employee of Keepers of Eniv.
  • Publishing sensitive information, be it your own or that of another individual, is strictly prohibited.
  • Harassment of other Users and/or staff is not permitted.This includes, but is not limited to, abusive or abrasive language, spamming, encouraging others to target an individual, making racist, hateful, or bigoted remarks, using slurs, or begging for Virtual Currency, In-Game Items, or Characters.
  • Do not intentionally disrupt or disturb the gameplay experience of other Players.
  • Pornography of any kind is not permitted. This includes off-Service links to pornography.
  • Users agree to and abide by rules everywhere across the Services, including in Character names, User names, and anywhere else Users can input custom text, images, or other content.
  • All work submitted must be created by the User. We do not allow plagiarized, traced, or AI-generated content on Keepers of Eniv.
  • Exploitation of glitches, loopholes, or bugs is not permitted. Newly discovered bugs should be immediately reported to a staff member through the correct channels so Keepers of Eniv can take the proper steps required to investigate and fix the issue.
    It should be noted that Players who find a bug and have not gone out of their way to exploit it will never be punished for reporting it.
  • Scripts, bots, auto-refreshers, or third-party software designed to give Players an unfair advantage or to play the game for Players are not allowed.

LINKS

Company cannot review every link posted by Users on the Service, and thus we remind Users to exercise caution when clicking links posted by other Users on the Service and other third party forums and chatrooms. Company cannot be held liable or responsible for any content or damages caused by off-site links placed by Users on Services. If a User finds a User posted link that leads to malicious or inappropriate content, they should report it to staff via the proper channels and We will remove the link and take appropriate action as soon as possible.
Posting links to inappropriate content may have your access to Services revoked.

Links to or from third party sites does not imply affiliation or partnership with those entities.

COPYRIGHT

All contents of Services, unless explicitly stated otherwise, are copyrighted by Company. This includes, but is not limited to, user-submitted suggestions, Art Packs, derivative works, and character designs until the rights have been sold to a Player by Company.
Please note that Keepers of Eniv retains copyright of all its assets, Enivi, and designs. Users may create fan-art, and may create and commission paid pieces of Enivi and Keepers of Eniv characters. Physical items created with official Keepers of Eniv content must be limited to 5 products per production, and must not compete with the sale of Keepers of Eniv merchandise. Artwork created using Keepers of Eniv assets or Keepers of Eniv IP may not be added to or sold through a third party PoD or mass-distributor shop such as Zazzle, Redbubble, DeviantArt Prints, or Cafepress. Keepers of Eniv and its owners are in no way responsible for transactions or agreements between outside sources, and will not intervene in matters occurring outside of Keepers of Eniv.

Submitting your work to Keepers of Eniv or its associated groups gives Us the right to display your work on our Services and social media with credit to you, royalty-free. This does not remove your right to the original work. If you would like your work to be removed, contact a staff member via our Discord server. The piece will be removed within 1 week of the message being received.

ASSET USE POLICY

Some images or files made explicitly for use within Keepers of Eniv may be made available for community use as well. This is not an indication of transfer of rights, personal ownership, or an abandonment of copyright. All rights to the work and/or files are still retained by Company.

By using any of our assets you agree;

  1. To retain a copyright notice and logo for Keepers of Eniv if the work is posted outside of Services.
  2. To provide a link or URL to KeepersofEniv.com if the work is posted outside of Services.
  3. Reskins designed for Keepers of Eniv remain the property of Keepers of Eniv.
  4. Assets cannot be used outside of the Keepers of Eniv community.
  5. Not to use the assets to create work which promotes hate, harassment, or be used in a pornographic way.
  6. Not to sell the Art Packs or individual assets themselves.
  7. The Art Packs or individual assets may not be used for commercial purposes.
  8. The assets and Art Packs may not be “mirrored” on any other platform.
  9. The assets or Art Packs may not be decompiled or reverse engineered

ARTWORK HOSTING

When you submit your artwork to the Service, you are granting Keepers of Eniv a non-exclusive, royalty-free license to reproduce, re-format, store, distribute, and display your work publicly on our platform. This does not grant Us the copyright to your work, and We will never use your work for merchandise without your expressed permission, though We may display it across our Services and on our social media platforms with a link back to you to showcase work submitted to Keepers of Eniv.
If you would like Us to refrain from using your work in our showcases, please make a note of such in your work's description at the time of submission.
Please keep in mind that when you publicly upload your work to the Service, it does make the work available for viewing by third parties who may or may not redistribute your content in violation of these terms. Keepers of Eniv, its staff, and associates do not condone these actions and does not participate in the redistribution of your work outside of our site and social media platforms, nor do we participate in the creation of AI, datasets, NFTs, or other similar technology. Keepers of Eniv cannot be held responsible for the actions of third parties.

IN-GAME PURCHASES

Keepers of Eniv uses virtual currencies for in-game purchases, and also sells virtual assets such as Enivi, character designs, and companions. These can also be earned through games and events, exchanged between players, and occasionally purchased directly from Keepers of Eniv. The following conditions apply;

  1. All purchases are final and non-refundable.
  2. Players who attempt to issue a chargeback or falsely claim fraudulent activity will be banned.
  3. All digital purchases made on Services are intended for the use of the item in-game on Services, and are not indicative of personal ownership of the item or currency.

CUSTOM COMMISSIONED CONTENT

When purchasing Custom Commissioned Content from Keepers of Eniv directly, you are agreeing to the following;

  • The Custom Art Team and Keepers of Eniv have the right to reject your work order at any time and for any reason, with or without explanation. 
  • Down-payments made are non-refundable, and all sales are final. 
  • To communicate with our Custom Art Team with mutual respect. 
  • To follow our Custom Commissioned Content rules as they are lined out and publicly listed.
  • You understand that you are commissioning in-game content for Keepers of Eniv, and that the assets are for use within Keepers of Eniv only unless explicitly stated otherwise, in writing, in advance of the art team beginning work.
  • No third-party IPs may be replicated within Keepers of Eniv without written permission from the copyright holder.

For more information on Custom Commissioned Content, please see the Custom Commissioned Content agreement.

DATA COLLECTION AND USE 

We only collect the data necessary for users to create and manage their accounts, ensuring they can fully utilize our services. All collected data is securely hosted and protected. We implement industry-standard security measures to safeguard your information. We do not sell or share your data with third parties. Your data will only be disclosed if legally mandated by authorities.

ACCOUNT BANS

Accounts may be banned at any time, for any reason, with or without notice.
When an account is banned the Player loses access to the Service, all items, virtual currencies, rewards, achievements, data, images, and characters associated with the account.
The license granted to Company to any work uploaded or any prior licenses granted to Company still remain in existence until terminated in writing by both parties. 

If a Player believes they were incorrectly banned, they may contact a staff member via the “contact” link at the bottom of the site, and a staff member will investigate the situation for them. If the ban was found to be in error, the account may be returned to them. If the ban was merited, the Player may create a new account if they have good intentions and wish to rejoin the game peacefully. Players found rejoining to disrupt the gameplay of others will be banned.

DISPUTES

To expedite the resolution and manage the costs associated with any dispute(s), controversy, or claim related to these Terms of Service brought by either you or Keepers of Eniv, the parties agree to first attempt to resolve any dispute informally for at least thirty (30) days before beginning arbitration. Informal negotiations will begin when the first party provides written notice to the second party.

If the parties cannot resolve the dispute through informal negotiations, the dispute (with the exception of those expressly excluded below) will be finally resolved by binding arbitration. This means you waive your right to sue in court and have a jury trial. Arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association and, where applicable, the American Arbitration Association’s supplementary procedures for Customer Related Disputes. The arbitration may be conducted online, by phone, or in person in Portland, Oregon, with both parties present and consenting to jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply. Any dispute related to the Services must be brought within one (1) year of when the dispute arose.

The following disputes are exempt from the above provisions on informal negotiations and binding arbitration:

  • Disputes related to the enforcement, protection, or validity of any party's intellectual property rights.
  • Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.
  • Claims seeking injunctive relief.

If any part of this provision is found to be illegal or unenforceable, disputes falling within that part will be decided by a court of competent jurisdiction in the courts specified above, with both parties consenting to the jurisdiction of that court.

LIMITATIONS

Keepers of Eniv, it’s owners, and associates cannot be held liable for any damages, losses, expenses, and/or costs, including, but not limited to, attorney’s fees, pertaining to the use or inability to use or participate in the content on or from Keepers of Eniv, the Keepers of Eniv site, or any of it’s official groups or affiliates. Keepers of Eniv cannot be held responsible for the actions of the community or Players.

This Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If interpreting this agreement in another language, the English version shall be the one withstanding.

MODIFICATIONS

Keepers of Eniv may revise these terms of use at any time. Updates may be announced on our website. By continuing to participate in Keepers of Eniv, you are agreeing to the modifications. Please see the date at the top of the page to see the date of the most recent changes.