OFF THE GRID PIONEERS PROGRAM TERMS OF USE

Updated: April 2, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PRODUCTS OR ONE OF THE PRODUCTS.

IMPORTANT NOTICE: BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS

You affirm that you are an adult of legal age in your country or state of residence to use this Game. If you are not of legal age, you are not permitted to use the Game.

Before using this software program, carefully read this Terms of Use. If you do not agree with all the terms herein, refrain from using the software. In the event of any inconsistencies between the English text of these terms and any translation, the English version prevails.

Your use of the Off The Grid Game ("Game"), application ("App"), account, product, service, or associated patches, updates, and downloadable content ("Products") signifies your acceptance of these terms of use.

Additionally, your use of the Product is contingent upon acceptance of the Privacy Policy available at https://gameoffthegrid.com/privacy-policy-closed-alpha

Prior to using this Product, thoroughly review both this Terms of Use and the Privacy Policy. If you disagree with or do not wish to accept either this Terms of Use or the Privacy Policy, please refrain from using the Product. By using the Product or accepting this Terms of Use and the Privacy Policy, you agree to be bound by these terms and represent that you fulfill all eligibility requirements specified below.

1.    Introduction

1.1.   Welcome to Off The Grid! Off The Grid is a third-person Battle Royale Shooter game accessible that allows players to engage in a wide array of immersive game activities. These activities include obtaining tradable in-game items, obtaining HEXes     by playing,      earning achievements, progressing through level and progression systems, playing different game modes, participating in player-versus-player (PvP) battles, completing challenges, trading items in marketplace, customizing your character and loadouts, and using Cyberlimbs and their unique abilities. The game encompasses the game software, the associated media, any online or electronic documentation related to it (“Game”). These Terms of Use are entered into by and between you (“You” or “User”) and POSEIDON 133 PTE. LTD, a company incorporated under the laws of Singapore under registration number 201502546D, with a registered office at 39 Robinson Road №14-01 Robinson Point Singapore 068911, Singapore (“Company”, “we” or “us”).

1.2.   These Terms of Use set forth the terms and conditions, together with any documents they may incorporate by reference, that govern your access to and use of the Off The Grid website and its subdomains,  the Game, any content, functionality, and services offered on or through Website and the Game (collectively, the “Products”).

1.3.   Please read these Terms of Use carefully before using the Products. If you do not agree to these Terms of Use, you must not access or use the Products. 

1.4.   The Products are offered and available to users who are 18 years of age or older. By using the Products, you represent and warrant that you are of legal age to enter into a binding contract with us. If you do not meet this requirement, you must not access or use the Products.

1.5.   The Company reserves the right to change or modify these Terms of Use at any time at its sole discretion. You agree and understand that by accessing or using the Products following any change to these Terms of Use, you agree to the amended Terms of Use and all of the terms incorporated therein by reference. Check the Terms of Use periodically to make sure you understand the rules that apply when you access or use the Products. The Company may have special terms for certain features or functions of the Products, and these will become part of these Terms of Use when you use them.

1.6.   We are constantly developing the Game to give the most satisfactory experience. You acknowledge and agree that the form and characteristics of the Game, as well as any of its components, may be altered from time to time without prior warning to you, and that we can introduce new features and modify any parts of the Game at any time without informing you.

1.7.   BY ACCESSING OR USING THE PRODUCTS, YOU REPRESENT THAT YOU HAVE READ, ACKNOWLEDGED AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS OF USE, AND USE THE PRODUCTS IN ACCORDANCE WITH AND SUBJECT TO THESE TERMS OF USE, PRIVACY NOTICE AND COOKIE NOTICE. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND OUR PRIVACY NOTICE, YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE PRODUCTS.

2.    Company’s Content

2.1.   The Company may produce and display content in the Products, which includes, but is not limited to, information, texts, images, video files,audio files, virtual items, or other content that Company makes available to you in the Products (the “Company’s Content”).

2.2.   The Content does not constitute any form of professional advice, unless specifically stated otherwise.

3.    Accessing the Game

3.1.        You can access our Game through the Epic Games Store. Please view the platform’s terms as those may also apply to your access to the Game.

3.2.   The accessibility of the Game is subject to the Company’s sole discretion, including but not limited to, shutting down the Game, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the Game, or any other action that the Company determines in its sole discretion. 

4.    The Game

4.1.   Interactions with the Game

4.1.1.     Within the Game, you have the opportunity to: (1) earn in-game Items by completing specific tasks (2) acquire in-game items from other players through the in-game marketplace, (3) get Currency and Promotional Bundles (4) progress through levels and progression systems (5) participate in dynamic PvP battles (6) trade items in a marketplace (7) obtain (8) customize your character and loadouts (9) utilize Cyberlimbs and their unique abilities. These features are part of the game's software, associated media, and any online or electronic documentation related to it (“Game”).

4.1.2.     For the purposes of these Terms of Use:

“Art” means any art, design, wording and drawings which are related to the in-game NFTs.

4.1.3.    If you select to purchase any in-game virtual item, you agree that you have understood how this item is used in the Game and are fully responsible for all the consequences related to the use or transfer of such item. The Company, in its sole discretion, may impose limits on the number of any Items that may be purchased, earned, accumulated, redeemed or otherwise used.

4.2.   In-Game Currency & Items

4.2.1.     Marketplace Transactions

Game items within Off The Grid are available topurchase for in-In-Game Currency through our in-game marketplace. These items can be found during the game play or can be bought from players who have previously acquired them . Each transaction on this marketplace is subject to a service/trading fee, which is included in the sale price of the In-Game Currency set by the seller and automatically deducted when the transaction is completed.

The transfer of NFTs is prohibited except where expressly authorized in the Game. Other than as expressly authorized in the Game, you shall not sell, purchase, redeem or otherwise transfer to any person or entity or attempt any of the aforesaid.

4.2.2.     The transfer of game items is prohibited except where expressly authorized in the Game. Other than as expressly authorized in the Game, you shall not sell, purchase, redeem or otherwise transfer to any person or entity or attempt any of the aforesaid.

4.2.3.         During the Pioneers Program the Company may provide you with an opportunity to obtain in-In-Game Currency (the "In-In-Game Currency") or the Company's Content through the following means: 

(i) granting you a limited license for the use of In-Game Currency by completing specific tasks within the Game, as determined solely by the Company.

(ii) granting you a limited license for the use of In-Game Currency by joining the Game during the Pioneers program, as determined solely by the Company.

You are permitted to utilize such In-Game Currency or Company’s Content only upon payment of the associated fee (if applicable). The Company retains the right, at its sole discretion, to impose restrictions on the quantity of In-Game Currency or Company's Content that can be purchased, earned, accumulated, redeemed, or otherwise utilized.

4.2.3.1.  In-Game Currency and Company's Content cannot be redeemed for cash or any monetary value from the Company or any other entity, unless otherwise required by Applicable Law. You acknowledge that the Company may undertake actions that could affect the perceived value or purchase price, if applicable, of In-Game Currency and Company's Content at any time, except as prohibited by Applicable Law.

4.2.3.2.  Unless otherwise prohibited by Applicable Law, the Company, at its sole discretion, possesses the unequivocal right to oversee, alter, substitute, replace, suspend, cancel, or eliminate In-Game Currency or Company's Content, including your ability to access or use them, without prior notice or liability to you. The transfer, sale, gifting, exchange, trading, leasing, sublicensing, or renting of In-Game Currency or Company's Content is strictly prohibited except within the Game and as expressly permitted by the Company.

4.2.4.     Unless otherwise prohibited by Applicable Law, the Company maintains all rights, title, and interest, whether proprietary or otherwise, in and to the In-Game Currency and Company's Content. The license to the In-Game Currency and Company's Content under the Terms of Use will cease upon the termination of the Terms of Use and as otherwise stipulated herein.

4.2.5.     In-game item trading is permitted through the designated in-game marketplace and in third party's marketplaces. Any other forms of trading, selling, or transferring ownership of game content, including in-game items and currencies, beyond the game environment, are strictly prohibited. The Company disclaims any liability for losses resulting from engaging in such prohibited activities, whether intentional or unintentional.

4.3.   User Interactions

4.3.1.     You are solely responsible for your interactions with other users of the Game and any other parties with whom you interact through the Game. The Company reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with the Company to investigate any suspected unlawful, fraudulent, or improper activity of the other users of the Game.

4.3.2.     If you have a dispute with one or more users, you release us (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

5.    Ownership

5.1.   Unless otherwise indicated in writing by us, the Products and all the Company’s Content are the proprietary property of the Company or its affiliates, licensors.

5.2.   You must have our explicit written permission to utilize any of the Company’s Content. The Company’s Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, transferred, assigned, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. You must also have our explicit written consent to use links to the Products or otherwise use framing techniques to enclose any of the Company’s Content. In addition, the design and appearance of the Products and the Company’s Content, including but not limited to page headers, custom graphics, button icons, and scripts, are the service mark or trademark of the Company and cannot be copied, imitated, or used in any way without our prior written consent.

5.3.   You understand and accept that you will not have any ownership or other rights in the Company's Content, and that all rights and any use of it will always belong to and benefit the Company.

5.4.   The Products include confidential and exclusive data and information that may be owned by or licensed to the Company. This proprietary information includes, but is not limited to ideas, data, design, layout, look, appearance and graphics provided to you by the Company. Copying of the Products (and any content or materials therein) is prohibited other than upon receiving explicit written consent of the Company for the copying.

5.5.   You acknowledge and agree that as between you and the Company, title to and ownership of the the Company’s proprietary processes and technology used in the operation of the Products, content on the Company’s social media accounts (e.g., Facebook, Twitter, YouTube, LinkedIn), the Game, and all intellectual property rights relating thereto, including without limitations: copyrights, software and user-interface designs, architecture, documentation (both printed and electronic), know-how, data, databases, templates, trademarks, patents, trade names, methodologies, trade secrets, confidential information and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by the Company or licensed to the Company from a third party), and any derivatives, improvements, enhancements or extensions of, and any feedback or suggestions to, any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by the Company or you (collectively, “Company’s IP”), are and will remain vested in the Company at all times and for all purposes. You will not challenge, contest or otherwise take any action inconsistent with Company’s rights in and to the Company’s IP.

6.    Disclaimer of Warranties

6.1.   THE COMPANY’S PRODUCTS, INCLUDING THE WEBSITE, THE GAME, ALL SERVER AND NETWORK COMPONENTS, NFTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE COMPANY’S PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE OR THE COMPANY’S PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT ANY COMPANY PRODUCTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

6.2.   WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR OUTAGES OR DISRUPTIONS OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURE WHICH ARE BEYOND OUR CONTROL AND CAN LEAD TO INTERRUPTIONS IN THE AVAILABILITY OF THE PRODUCTS, THE COMPANY’S CONTENT OR SERVICES. WE MAY, TEMPORARILY AND UNDER CONSIDERATION OF OUR OR OUR PARTNERS’ LEGITIMATE INTERESTS (E.G., BY PROVIDING PRIOR NOTICE), RESTRICT THE AVAILABILITY OF THE PRODUCTS, COMPANY’S CONTENT OR SERVICES OR CERTAIN FEATURES THEREOF, IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ENSURE THE PROPER OR IMPROVED FUNCTIONING OF THE PRODUCTS, COMPANY’S CONTENT OR SERVICES. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS OR SERVICES, INCLUDING THE USE, VALIDITY, QUALITY, SUITABILITY, FITNESS OF THE PRODUCTS, THE COMPANY’S CONTENT, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLIANCES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE DEFECTS FREE OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

7.    Limitation of Liability

7.1.   TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OF USE, THE PRODUCTS OR FOR ANY DAMAGES RELATED TO LOSS OF USE OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PRODUCTS, ANY COMPANY’S CONTENT OR THIRD PARTY WEBSITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

7.2.   IN SOME JURISDICTIONS, THE EXCLUSION OR RESTRICTION OF INCIDENTAL OR CONSEQUENTIAL LOSSES IS NOT ALLOWED, SO THIS LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE TO YOU.

8.    Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms of Use if such delay is due to any circumstances beyond our reasonable control (including but not limited to wars and other military operations, earthquakes, floods, and other natural disasters failure of power supply or communication system, adoption of laws and regulations by the l authorities, whether known or unknown at the time the parties enter into these Terms of Use) (each a “Force Majeure Event”).

9.    Governing Law and Dispute Resolution

9.1.   These Terms of Use, your access and use of the Products, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by the laws of Singapore ("Applicable Law”).

9.2.   You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.

9.3.   If you and the Company fail to reach an agreement within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court of Singapore under the Applicable Law.

10. Breach and Remedies

10.1.  Violation of these Terms of Use will result in liability under the Applicable Law, unless otherwise provided in the Terms of Use.

10.2. To the extent permitted by the Applicable Law, the Company and/or any of our employees, officers, managers, directors, agents, licensors, partners, associated service providers, subcontractors, affiliates or other representatives shall not be liable for:

10.2.1.       the accuracy, completeness of the Company’s Content and Products;

10.2.2.       the accuracy, completeness, or content of any websites linked to the Company’s Content and Products (through hyperlinks, banner advertising, or otherwise);

10.2.3.       property damage of any nature, connected with the use of the Company’s Content or Products;

10.2.4.       third-party conduct;

10.2.5.       any unauthorised access to or use of the Company’s servers and/or any content, personal information or other information and data stored if such unauthorised access did not directly occur due to the Company’s actions or inactions;

10.2.6.       any interruption or cessation of access to the Company’s Content or the Products;

10.2.7.       any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the Company’s Content, the Products or any third-party websites;

10.2.8.       any loss or damage of any kind incurred as a result of your use of the Company’s Content or the Products, whether or not we advised of the possibility of such damages;

10.2.9.       other risks associated with the use of online platforms, websites, Products and Company’s Content;

10.2.10.      the third parties’ services, whether associated with the Company’s Content, the Products or not.

10.3. You understand and agree that your access to and use of the Products, any services connected with it, game items is at your sole risk, and that such services are provided "as is" and "as available" without warranties of any kind, whether express or implied.

10.4. If you breach any provision of or undertaking under these Terms of Use, the Company shall have the right to seek specific performance or other lawful remedies in respect of your obligations under this Agreement.

10.5.  To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless us from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney fees) arising from:

a)   your use of the Products;

b)   your violation of these Terms of Use and the Applicable Law.

11. Electronic communications

You consent that any emails, surveys, other information or Feedback (as it defined below) you provide to the Company through the Products or via any other medium, except for personal data, can be used by the Company in any manner, including, but not limited to, for testimonials, reviews and ratings on the Company on third party websites.

“Feedback” means suggestions, comments, ideas, and all other types of information, including software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your agents, or representatives) to the Company or its representatives that relates to the Game.

12. Termination

12.1. These Terms of Use are effective from the earliest of the date you use the Products or one of the Products until terminated according to terms and conditions specified in Terms of Use.

12.2. The Terms of Use may be terminated at any time by you by discontinuing your access to and use of the Products.

12.3. You agree that we reserve the right, without notice and in our sole discretion, to terminate your ability to access or use the Products and all the Company’s Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event. All obligations (including ownership, confidentiality, disclaimers of warranties,  limitations of liability, governing law and dispute resolution) that are by nature intended to survive the expiration or termination of these Terms of Use shall survive and you will continue to be bound by these obligations.

12.4. The Terms of Use shall be terminated automatically if you fail to comply with any of the terms and conditions specified in the Terms of Use.

13. Severability

If any term, clause, or provision of these Terms of Use is found to be invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

14. Assignment

We may assign our rights under these Terms of Use without your consent at any time and without notice.

15. Relationship

Nothing in these Terms of Use constitutes the parties as partners or agents of the other and no party has any authority to bind the other legally or equitably save as expressly stated in these Terms of Use.

16. Entire Agreement

These Terms of Use and all documents referenced herein comprise the entire and integrated agreement between you and the Company regarding your access to and use of the Products and the Company’s content, and replaces any and all prior discussions, agreements, and understandings of any kind (including without limitation prior versions of this agreement). These Terms of Use are not meant to give any other person or entity any rights or privileges, unless stated otherwise.

17.  Contact Information

If you have any questions or would like to obtain more information about the Products, please contact the Company via https://support.gameoffthegrid.com/