Terums of Service

KAPE HORN. INC. Terms of Service

Last Updated: January 14, 2025

Welcome to Lift Shift Drift! Before you start, please take a moment to review these Terms of Service (“Terms”). These Terms govern your access to and use of our game, website, and related services (collectively, the “Services”). By using the Services, you agree to these Terms. If you do not agree, you may not use the Services. For information about how we collect and use your data, please see our Privacy Policy.

1. Eligibility and Use of the Services

Age Requirement: Lift Shift Drift is designed for users aged 10 and older. If you are under 13, you must have permission from a parent or guardian to use the Services.
Supported Platforms: Lift Shift Drift is available on supported VR platforms (e.g., Meta Quest). Additional terms from these platforms may apply, and in the event of conflict, these Terms take precedence.
Account Responsibility: You are responsible for maintaining accurate and current account information. Failure to do so may result in suspension or termination of your account.

2. Ownership and License

Game Content: All content, including visuals, music, and in-game items, are owned by Kapehorn or its licensors.
License: You are granted a non-exclusive, non-transferable license to use the Services for personal purposes only.
Restrictions: You may not modify, sell, distribute, or reverse engineer any part of the Services without explicit permission from Kapehorn.

3. In-Game Content and Purchases

Virtual Goods: In-game items and currency are for gameplay purposes only and have no real-world monetary value.
Final Sales: All purchases, including in-game content, are final and non-refundable, subject to platform-specific refund policies.
Content Modification: Kapehornreserves the right to modify or remove in-game content at any time.

4. Streaming and Content Sharing

Lift Shift Drift encourages players to share their gameplay experiences. However, the following guidelines must be followed:

Non-Commercial and Commercial Content Allowed:
- Both non-commercial and commercial content creation, including advertisements and sponsorships, is allowed, provided it does not include inappropriate material.
Prohibited Content:
- Content must not include offensive language, violence, discriminatory remarks, or sexual content that could harm the game’s brand image.
- Content must comply with appropriate regional rating standards (e.g., ESRB).
Rights Reserved:
- The company reserves the right to request the removal of any streaming or video content that violates these guidelines.

5. License Keys

Lift Shift Drift provides unique license keys (“License Key”) to access the game. The following policies apply to their use:

Personal Use Only: License Keys are intended for individual use and cannot be transferred or sold to others.
Misuse and Revocation: If you are found engaging in fraudulent activity or violating these Terms, Kapehorn may disable your License Key or revoke your access to the game.
No Refunds or Exchanges: License Keys cannot be refunded or exchanged for monetary value.
Modification or Termination: Kapehorn reserves the right to modify or discontinue the use of License Keys at any time without prior notice.

6. Beta Testing

From time to time, Kapehorn may offer beta versions of its Services (“Beta”). By participating in Beta testing, you agree to the following:

The Beta may be unstable, and data may be erased at any time.
Participation does not guarantee access to the full version of the game.
No compensation will be provided for participation in the Beta.

7. Prohibited Conduct

You agree not to:

Cheat, harass, or disrupt other players.
Use the Services for unauthorized commercial purposes.
Engage in any conduct that violates applicable laws or bypasses security measures.

8. Liability and Disclaimer

Service Availability: The Services are provided “as is,” without any warranties, including uninterrupted access or error-free functionality.
Health Warning: VR gameplay may cause motion sickness, disorientation, or other side effects. Use at your own risk and take breaks as needed.
Limitation of Liability: Kapehorn’s liability is capped at the lesser of the amount you paid for the Services or $100.

9. Dispute Resolution

Arbitration Agreement: Any disputes arising from these Terms will be resolved through binding arbitration, not in court, except for intellectual property disputes.
Class Action Waiver: Disputes must be resolved individually and cannot be part of a class action.

10. Changes to Terms

Kapehorn reserves the right to update these Terms. Continued use of the Services constitutes your acceptance of the updated Terms.

11. Termination

Kapehorn may suspend or terminate your access to the Services for violations of these Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at liftshiftdrift@kapehorn.io.