Terms of Use

Updated May 31, 2024

Before using the software provided by Chara Software, LLC (hereinafter referred to as "the Company"), please read these terms of use carefully. By downloading, using, or accessing the Company’s mobile applications, software, and/or any data or content accessed, included, or used through the applications or software in any way, you agree that you have read and agree to be bound by the terms and conditions of this agreement. If you do not unconditionally agree to all the terms and conditions of this agreement, you are not authorized to use the software and must immediately uninstall the software from all your devices. The use of the software is invalid in places where it is prohibited. The use of the software is also subject to the Chara Studio Privacy Policy, which is incorporated into this agreement by reference.

Software

By accessing or using the software, including browsing any Chara Studio website or accessing Chara Studio games, you agree to these terms of use and the privacy policy. Under the terms and conditions of this agreement, the Company grants you a non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the software on your personal computer or mobile device, solely in machine-executable object code form, for your personal non-commercial use, and not for the benefit of any third party. The software is owned and operated by the Company. The Company may change, suspend, or discontinue the software at any time, including the availability of any features, databases, or content. The Company may also impose limits on certain features and services or restrict your access to part or all of the software without prior notice or liability. The Company reserves the right to modify this agreement at any time by posting a notice on the Company’s website (currently at https://charasoftdevplay.com) or by sending you a notice via email or the software. You are responsible for reviewing and familiarizing yourself with any such modifications. Your use of the software after receiving such notice constitutes your acceptance of the modified terms and conditions of this agreement.

Eligibility

You must be at least 13 years old to create an account to use the software. If you are under 18 years old, you may only use the software if your parent or legal guardian has read and agreed to this agreement. By using the software, you represent and warrant that you (or your parent or legal guardian, as applicable) have read and agreed to this agreement. Parents and guardians are responsible for the actions of their children under 18 while using our software.

You further represent and warrant to the Company that: (i) you are an individual (i.e., not a corporation); (ii) all registration information you submit is accurate and true; (iii) you will maintain the accuracy of such information. You also represent that you are legally entitled to use and access the software and assume full responsibility for your selection, use, and access of the software. This agreement is void where prohibited by law, and access to the software in such jurisdictions is revoked.

Software Content

All materials displayed or performed on this software (including but not limited to any games, titles, computer code, themes, objects, characters, character names, stories, dialogues, catchphrases, concepts, artwork, animations, sounds, musical works, audiovisual effects, methods of operation, moral rights, documentation, in-game chat logs, character profile information, and game records using the Company’s game client and server software) are protected by copyright. You must comply with all copyright notices, trademark rules, information, and restrictions contained in any content accessed through this software and may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit any content that is not yours or third-party submitted content or other proprietary rights: (i) without the prior explicit written consent of the respective owner, and (ii) in any manner that infringes any third-party rights.

You may not modify, publish, transmit, participate in the transfer or sale, copy (except as expressly provided in this Section 1), create derivative works based on, distribute, perform, display, or otherwise exploit any part of the software.

In the course of using the software, you and other users may provide information that may be used by the Company for purposes related to the software and may be visible to some other users. You understand that by posting information or content on the software or otherwise submitting material or information related to the software to the Company (collectively referred to as "User Submitted Content"), you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable right to fully utilize such User Submitted Content (including all related intellectual property rights) and to allow others to do so; however, the Company will only share personal data as determined in the Company’s current privacy policy at https://charasoftdevplay.com/ray.html. You also grant each user of the software a non-exclusive license to access your User Submitted Content through the software and to use, modify, copy, distribute, create derivative works from, display, and perform such User Submitted Content, as long as permitted by the features of the software and this agreement. Additionally, you understand that the Company reserves the right to reformat, modify, create derivative works from, excerpt, and translate any User Submitted Content you submit. You understand that all information published publicly or transmitted privately through the software is the sole responsibility of the content source, and the Company is not responsible for any errors or omissions in any content.

You understand that the Company cannot guarantee the identity of any other users you may interact with while using the software. Additionally, the Company cannot guarantee the accuracy of any information that users may provide about themselves. You acknowledge that all content accessed through your use of the software is at your own risk, and you will be solely responsible for any damage or loss incurred by any party as a result.

Restrictions

You assume full responsibility and risk for all activities related to the software. Any fraud, abuse, or other illegal activities may be grounds for terminating your rights to access or use the software. It is expressly prohibited to use the software to compromise the security of any computer network, crack passwords or security encryption codes, transmit or store illegal materials (including materials that may be deemed threatening or obscene), or engage in any type of illegal activity. You may not run any form of automatic response program or "spam" on the software, or run or activate any processes that interfere with the normal operation of the software infrastructure or place an unreasonable load on it while you are not logged into the software. Additionally, it is strictly prohibited to use manual or automated software, devices, or other processes to "scrape," "crawl," or "spider" any part of the software. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of the software.

Disclaimer

There is no special relationship or fiduciary duty between you and the Company. You acknowledge that the Company cannot control and has no obligation to take any action regarding: which users can access the software; what content you access through the software; what impact the software or the content accessed may have on you; how you may interpret or use the content accessed through the software; or what actions you may take after engaging with the software. You release the Company from any liability for any content obtained or not obtained through the software. The software may contain certain information that some may find offensive or inappropriate or may direct you to websites that contain such information. The Company makes no representations about any content contained in or accessed through the software and assumes no responsibility for the accuracy, copyright compliance, legality, or decency of materials contained in or accessed through the software. The software and any associated Company services are provided on an "as is" basis, without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or implied warranty that the software will be uninterrupted or error-free. Some states do not allow limitations on the duration of implied warranties, so the above limitations may not apply to you.

Privacy Policy

For information regarding the Company’s processing of personal data, please refer to the Company’s current privacy policy (URL: https://charasoftdevplay.com/ray.html), which is incorporated herein by reference; by accepting this agreement, you accept and agree to be bound by the Company’s Privacy Policy.

Force Majeure

The Company shall not be liable for any delays or failures to perform due to causes beyond the Company’s reasonable control, including but not limited to failures to perform this agreement due to unforeseen circumstances or causes beyond the Company’s control, such as acts of God, war, terrorism, riots, embargoes, actions of civil or military authorities, fire, flood, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Contact Information

If you have any questions, complaints, or claims regarding the software, you may contact us at the following address:

Chara Studio

4589 Woodwind Dr, Destin, FL 32541

or via email at [email protected].