Terms of Service – Acorn Adventures

Vectotron LLC d/b/a Green Up Studios Terms of Service

Last Updated: November 10, 2023

The terms of this agreement (“Terms of Service”) govern the relationship between you and Vectotron LLC d/b/a Green Up Studios (the “Company” or “Green Up Studios” or “Us” or “We” or “Our”) regarding your use of our games, store, sites and related services (the “Service”). Use of the Service is also governed by our Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any Green Up Studios website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. By using the Service or registering for an Account, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.

BY INSTALLING OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT INSTALL OR USE THE SERVICE.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES AS DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN GREEN UP STUDIOS AND YOU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBRITATION. ADDITIONALLY, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Terms of Service Changes. Green Up Studios may, in its sole discretion, change these Terms of Service or our Privacy Policy from time to time. Your continued use of the Service after the changed terms are posted constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Service.

Your Right to Use the Service. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Company policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13.
You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.
You shall not purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been banned from playing any Green Up Studios game.
You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone. Login information and Your Account. You may be required to select a password for your Account, or you may also use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

The Service supports only one Account per game on a supported device.

Use Limitations. Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that the Company deems to be in conflict with the spirit or intent of the Service or make improper use of our support services.
Use or take part in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.
Modify or cause to be modified any files that are a part of the Service or any Green Up Studios game without our express written consent.
Disrupt, interfere with or otherwise adversely affect the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing our games. We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service. We reserve the right to take action as a result, which may include terminating your Account.

Suspension and Termination of Account and Service. The company may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof with or without notice to you if you are, or we suspect that you are, failing to comply with these terms of service; or for any actual or suspected illegal or improper use of the service. You can lose your username and persona in the service as a result of account termination or limitation, as well as any benefits, privileges, earned virtual items and purchased virtual items associated with your use of the service, and Green Up Studios is under no obligation to compensate you for any such losses or results.

We reserve the right to terminate any account that has been inactive for 180 days.

We reserve the right to shut down the Service in whole or in part at any time. In such event, Green Up Studios shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

You may terminate your Account at any time and for any reason by emailing us at support@greenupstudios.com

Ownership

Games and Service. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Green Up Studios game client, and the Green Up Studios game clients and server software) are owned by Green Up Studios. Green Up Studios reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

Accounts. Not withstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.

Virtual Content. The Company owns, or otherwise has rights to use all of the content that appears in the Service or in Green Up Studios games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Green Up Studios game, whether earned in a game or purchased from Green Up Studios, or any other attributes associated with an Account or stored on the Service.

User Content

Submission of User Content. “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Green Up Studios game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by the Company in accordance with its Privacy Policy.

Content Screening. Green Up Studios assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, pre-screen or monitor all User Content. Your use of the Service is at your own risk. Green Up Studios assumes no responsibility for User Content.

You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Green Up Studios reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

Public Discourse. The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Green Up Studios shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

Responsible For Your Own Content. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Green Up Studios violates these Terms of Service.

Under no circumstances will Green Up Studios be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

Green Up Studios Rights to User Content. You hereby grant to Green Up Studios an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Green Up Studios the right to authorize others to exercise any of the rights granted to Green Up Studios under these Terms of Service. You further hereby grant to Green Up Studios the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Green Up Studios does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Green Up Studios has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

User Interactions. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Green Up Studios games. Green Up Studios reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Green Up Studios to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Green Up Studios access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures 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.

Fees and Purchase Terms

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or acorns; (b) virtual in-game items, content or features; and (c) other goods or services (points a – c are jointly referred to as “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

Green Up Studios may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, Green Up Studios shall have no liability to you or any third party in the event that we exercise any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Green Up Studios, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.

The provision of Virtual Items for use in Green Up Studios games is a service provided by Green Up Studios that commences immediately upon acceptance by Green Up Studios of your purchase.

Payment of Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Green Up Studios may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT WHEN AN ACCOUNT IS CLOSED FOR ANY REASON GREEN UP SUTDIOS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS.

Updates to the Service. Green Up Studios periodically provides updates to the Service and to Green Up Studios’ games. You acknowledge and agree that Green Up Studios may make these updates with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our games.

Disclaimer of Warranties

WITHOUT LIMITING GREEN UP STUDIOS’ LIABILITY UNDER “LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION” BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GREEN UP STUDIOS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

Limitation of Liability; Sole and Exclusive Remedy; Indemnification

GREEN UP STUDIOS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GREEN UP STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, GREEN UP STUDIOS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO GREEN UP STUDIOS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO GREEN UP STUDIOS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND GREEN UP STUDIOS’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH GREEN UP STUDIOS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GREEN UP STUDIOS OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GREEN UP STUDIOS.

You agree to indemnify, defend and hold Green Up Studios (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

Dispute Resolution

You and Green Up Studios agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this agreement.

Informal Dispute Resolution. You must try to informally resolve any dispute directly with Green Up Studios for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give Green Up Studios written notice of the dispute through support@greenupstudios.com.

Arbitration. You and Green Up Studios agree to resolve any disputes exclusively in final and binding arbitration.

Either you or Green Up Studios may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or Green Up Studios brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of this section (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.

An arbitration proceeding will be held before a neutral arbitrator. This means you and Green Up Studios agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Green Up Studios can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Green Up Studios will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

Arbitration Process. The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decide to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Green Up Studios will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for to the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

The arbitration will take place in the state of Maryland in the United States of America or another agreed upon place.

Exceptions to Agreement to Arbitrate. You and Green Up Studios agree that the arbitration agreement will not apply to the following disputes:

Claims about Green Up Studios intellectual property, such as claims to enforce, protect, or concerning the validity of Green Up Studios’ copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described below.

Claims On An Individual Basis. You and Green Up Studios agree that claims against each other on can only be brought on an individual basis.

Opt-Out of Arbitration Agreement and No Class Actions Provisions. You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above by sending written notice of your decision to opt out to support@greenupstudios.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Green Up Studios also will not be bound by them.

Venue for Disputes Not Subject to Arbitration. You agree that any claim or dispute you may have against Green Up Studios that is not subject to arbitration must be resolved exclusively by a federal or state court located in the state of Maryland, USA.

Severability. You and Green Up Studios agree that if any portion of these Terms of Service or of the Green Up Studios Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

General Provisions

Assignment. Green Up Studios may assign or delegate these Terms of Service and/or the Green Up Studios Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Green Up Studios’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

No Waiver. The failure of Green Up Studios to require or enforce strict performance by you of any provision of these Terms of Service or the Green Up Studios’ Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Green Up Studios’ right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Green Up Studios of any provision, condition, or requirement of these Terms of Service or the Green Up Studios Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Green Up Studios shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Green Up Studios.

Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms of Service to Green Up Studios are of a unique and irreplaceable nature, the loss of which shall irreparably harm Green Up Studios and which cannot be replaced by monetary damages alone so that Green Up Studios shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Green Up Studios game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.

Force Majeure. Green Up Studios shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Green Up Studios, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Green Up Studios’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.