§ Section 01 · Contractual Agreement and Scope
These Terms of Service (hereinafter designated as the "Terms") constitute a legally binding contract entered into by and between you (hereinafter designated as the "User," "player," or "your") and Andrew Chapman, operating independently as a software developer under the commercial trade moniker Zaven Games Co. (hereinafter designated as the "Developer," "we," "us," or "our"). Because the Developer operates as an unregistered commercial entity, all underlying software development pipelines, compilation deployments, and digital storefront platform accounts are legally held, verified, and administered through authorized parental or legal guardian oversight by Ann Chapman.
These Terms govern comprehensively your download, installation, access, configuration, utilization, and updating of the Virtual Reality software application known as Baboon!, including all compiled binaries, assets, server hosting infrastructures, matchmaking protocols, and official community channels (collectively referred to as the "Game").
By initializing, downloading, installing, launching, or continuing to access or play the Game, you affirmatively represent and warrant that you have read, comprehended, and consented to be bound unconditionally by these Terms and the incorporated Baboon! Privacy Policy. The physical or digital execution of downloading, installing, launching, or maintaining utilization of the Game constitutes your binding acceptance hereof.
If you are accepting these Terms on behalf of a minor under your legal custody, you assume absolute financial and legal responsibility for that minor's strict compliance with and conduct under these Terms. If you do not agree to every provision contained within these Terms, you must immediately halt all use of the Game and permanently delete all copies from your device.
§ Section 02 · Eligibility and Age Requirements
The Game is explicitly structured and intended solely for users who have attained a minimum age of thirteen (13) years. By accessing, installing, or playing the Game, you represent and warrant that you meet or exceed this mandatory age threshold. Individuals under the age of 13 are strictly prohibited from accessing the Game, its multiplayer network architecture, or its voice communication modules. If the Developer determines through reasonable auditing that an active user profile belongs to an individual under 13, account access will be instantly restricted and terminated. Parents and legal guardians exercising supervision over users aged 13 through 17 bear full responsibility for overseeing their gameplay activities and ensuring strict adherence to these Terms.
§ Section 03 · Limited License
Conditioned upon your continuous, uninterrupted compliance with these Terms, the Developer hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to download, install, and execute the Game binary upon an authorized Virtual Reality hardware device exclusively for your personal, non-commercial entertainment and leisure. The Game is licensed to you, not sold. You acquire no ownership interest, title, or proprietary rights in or to the Game or its underlying intellectual property. All rights not expressly and unequivocally granted herein are reserved entirely by the Developer.
§ Section 04 · Prohibited Uses
You covenant and agree that you shall not, directly or indirectly, and shall not authorize, assist, or encourage any third party to:
- § 04.01 Commercially exploit the Game or any portion thereof, including renting, leasing, sublicensing, selling commercial access, or imposing monetary fees upon third parties for utilization.
- § 04.02 Modify, adapt, translate, reverse engineer, decompile, disassemble, or derive source code from the Game or its compiled assets, except to the explicit extent permitted by mandatory applicable statutory law that cannot be contractually waived.
- § 04.03 Create derivative works, adaptations, or unauthorized software modifications based upon the Game code or its artistic assets.
- § 04.04 Circumvent, disable, bypass, or interfere with any digital rights management (DRM) mechanisms, security protocols, store validation routines, or anti-cheat detection software integrated within the Game.
§ Section 05 · Intellectual Property
All right, title, interest, and intellectual property rights in and to the Game, encompassing all software source code, object code, 3D models, textures, rigging, animations, audio soundscapes, musical compositions, user interface designs, trademarks, logos, and associated written materials, are owned exclusively by the Developer or its licensors and are protected under domestic and international copyright, trademark, trade secret, and intellectual property statutes. You are strictly prohibited from removing, altering, defacing, or obscuring any proprietary copyright or trademark notices affixed to the Game.
§ Section 06 · Third Party Intellectual Property and Platform References
Baboon! is an entirely independent software project developed without formal corporate affiliation. Any incidental references to third-party hardware platforms, software engines, trademarks, or commercial concepts—including those owned by Meta Platforms, Inc., Microsoft Corporation, or other corporate entities—are utilized strictly for software compatibility, descriptive identification, or fair use nominative purposes. The Developer asserts no ownership over, and claims no official sponsorship by or affiliation with, any third-party intellectual property. All external trademarks remain the exclusive property of their respective holders.
§ Section 07 · Third Party Platforms and Services
The operational functionality of the Game relies upon integration with various third-party services and distribution networks, including the Meta Horizon Store, the Unity runtime engine, Microsoft PlayFab cloud services, and Photon networking architecture. Your continued access to the Game is contingent upon your ongoing compliance with the terms of service and acceptable use policies enforced by those third-party providers. The Developer exercises no control over, and assumes no legal liability for, the operational availability, terms, privacy practices, system performance, or server outages of such third-party platforms. Any service interruptions, account bans, or technical restrictions enacted by said third-party platforms may directly impact your ability to access or play the Game.
§ Section 08 · Usernames and Account Responsibility
Engaging in online multiplayer gameplay requires a designated username linked either to your verified platform account or generated directly within the Game client. You assume sole legal responsibility for all activity occurring under your assigned username and for maintaining the physical and digital security of your hardware device. Usernames must strictly comply with the following standards and must not:
- § 08.01 Impersonate the Developer, administrative staff, moderators, or any real human being, public figure, or commercial organization.
- § 08.02 Suggest a false, unauthorized corporate affiliation with Zaven Games Co. or its development personnel.
- § 08.03 Incorporate hate speech, ethnic slurs, explicit sexual references, violent threats, or other legally prohibited or offensive terminology.
- § 08.04 Infringe upon third-party trademark rights or disclose private, confidential personal information belonging to others.
The Developer retains the absolute right at our sole discretion to modify, reset, flag, or permanently block any username that violates these behavioral rules or is otherwise determined to be disruptive to the community.
§ Section 09 · Community Conduct Standards and Anti-Discrimination Policy
You covenant and agree to maintain respectful, lawful behavior at all times when utilizing the Game, its multiplayer matchmaking features, proximity voice chat channels, or associated official community spaces. The following categories of conduct are strictly prohibited and constitute a material breach of these Terms:
§ 09.A · Core Community Values and Anti-Bigotry Standards
- § 09.A.01 Zero Tolerance for Racism, Homophobia, and Bigotry: You shall not engage in, express, promote, or propagate racism, racial slurs, homophobia, transphobia, xenophobia, religious intolerance, ableist discrimination, misogyny, or any other form of bigotry targeting individuals based on race, ethnicity, color, national origin, sexual orientation, gender identity, gender expression, religion, disability status, age, or any other protected characteristic. This prohibition encompasses explicit slurs, dehumanizing language, stereotypical generalizations, discriminatory memes, hateful rhetoric, or any content reasonably interpreted as derogatory toward marginalized communities. Violations result in immediate account suspension and permanent ban.
- § 09.A.02 Usernames and Identities Free from Offensive Content: All usernames, display names, clan tags, custom profile descriptions, and user-generated textual identifiers must not incorporate profanity, slurs, offensive acronyms, hidden hateful references, numeronyms encoding bigotry (such as "1488" or similar coded hate symbols), or any combination thereof. Usernames containing inherently bad words, vulgarities, or terms that are offensive by their plain meaning are strictly prohibited. The Developer reserves the right to mandate immediate, forced username changes without advance notice for violations of this standard.
- § 09.A.03 Mandatory Age Threshold Compliance: You explicitly represent and warrant that you are at least 13 years of age or older. Individuals under 13 years of age are categorically prohibited from accessing, downloading, installing, or playing Baboon!. Fraudulent age misrepresentation is grounds for immediate account termination and permanent hardware ban. Parents and legal guardians accepting these Terms on behalf of minors aged 13-17 assume full legal and financial responsibility for that minor's compliance with all conduct standards herein.
§ 09.B · Anti-Cheat and Game Integrity Standards
- § 09.B.01 Prohibition on Cheating, Hacking, and Game Modification: You are strictly prohibited from cheating, hacking, modifying, or tampering with the Game in any manner. This encompasses downloading or executing cheat software, memory manipulation tools, packet injectors, client-side modifications, unauthorized patches, reverse-engineered builds, or any unauthorized alterations to game binaries, assets, or executable code. Utilizing such tools to gain unfair competitive advantages, bypass progression systems, or manipulate matchmaking algorithms constitutes a material breach resulting in immediate permanent ban.
- § 09.B.02 Exploitation of Bugs and Glitches Strictly Prohibited: You shall not intentionally exploit, abuse, or weaponize software bugs, gameplay glitches, physics exploits, map geometry oversights, or unintended technical vulnerabilities for personal advantage, progression acceleration, or competitive gain. Accidental discovery of a bug does not constitute a violation; however, deliberately repeating, amplifying, or monetizing such exploits does. Any discovered critical vulnerability must be reported privately and securely to baboon@mail2developer.com rather than publicly disclosed or weaponized.
§ 09.C · Account Security and Ban Enforcement
- § 09.C.01 Ban Evasion and Circumvention Strictly Prohibited: You are absolutely forbidden from engaging in ban evasion, circumvention, or bypassing any disciplinary sanctions enacted against your account, hardware device, or network identifier. This encompasses creating alternate accounts to re-access the Game following a permanent ban, using spoofed hardware identifiers, utilizing VPN services to mask your network location in order to evade detection, sharing account credentials with banned users, or any other deliberate attempt to circumvent enforcement mechanisms. Ban evasion results in permanent blacklisting of all associated hardware identifiers and IP ranges from future account creation.
§ 09.D · Behavioral Conduct and Respect Standards
- § 09.D.01 Engaging in targeted harassment, bullying, or intimidation of any player.
- § 09.D.02 Expressing hate speech, bigotry, or discrimination targeting protected characteristics such as race, ethnicity, religion, gender identity, or disability.
- § 09.D.03 Issuing credible threats of physical violence, encouraging self-harm, or promoting acts of violence.
- § 09.D.04 Prohibition on Inappropriate Conduct: Transmitting sexually explicit communications, explicit audio, obscene imagery, or engaging in sexual harassment, grooming behavior, or any other inappropriate conduct of a sexual nature within virtual spaces. This includes unsolicited sexual advances, repeated requests for intimate photographs or personal information, or attempting to redirect conversations toward sexual topics without consent.
- § 09.D.05 Sharing, disclosing, or soliciting private personal information (doxxing) belonging to another user without explicit, verifiable consent.
- § 09.D.06 Utilizing the Game infrastructure to promote, organize, or facilitate illegal, dangerous, or harmful real-world activities.
- § 09.D.07 Engaging in disruptive audio behavior, including intentional high-frequency screaming, microphone feedback generation, or excessive background noise.
- § 09.D.08 Deploying abusive soundboards, voice modulators, or repetitively spamming audio clips intended to annoy or disturb other players.
- § 09.D.09 Executing repeated, unwanted physical interactions with another player's avatar after receiving a clear verbal or gestural request to cease.
- § 09.D.10 Engaging in persistent spatial following, stalking, or harassment after a direct request to stop.
- § 09.D.11 Impersonating the Developer, administrative staff, moderators, or other players for fraudulent or deceptive purposes.
- § 09.D.12 Falsely claiming moderation authority, developer status, or administrative privileges.
- § 09.D.13 Creating usernames designed to imitate staff members or establish deceptive corporate affiliations.
- § 09.D.14 Utilizing inappropriate or prohibited terminology within user display names.
- § 09.D.15 Intentionally obstructing critical navigational zones, doorways, corridors, or player spawn points to hinder movement.
- § 09.D.16 Executing repeated unwanted physical interference with another avatar, including aggressive pushing, grabbing, flinging, or malicious physics exploits.
- § 09.D.17 Spamming emote animations directly at a specific player for the purpose of harassment after being asked to stop.
- § 09.D.18 Recording, capturing, or streaming another player specifically to facilitate public humiliation, online shaming, or harassment.
- § 09.D.19 Disseminating materially false or defamatory information regarding the Game, its mechanics, or its development staff with the intent to cause systemic harm or community disruption.
- § 09.D.20 Executing unauthorized commercial advertising, spamming, or commercial solicitation.
- § 09.D.21 Pressuring, coercing, or soliciting other users for confidential personal information, photographs, passwords, financial credentials, or sensitive data.
- § 09.D.22 Pressuring or coercing other players into arranging real-world offline meetings or un-consented face-to-face contact.
- § 09.23 Attempting to evade active moderation penalties, mutes, or bans through the creation of alternate accounts or technical proxy bypasses.
- § 09.24 Knowingly submitting false, fabricated, or intentionally misleading infraction reports against innocent users.
- § 09.25 Organizing, leading, or actively participating in coordinated brigade harassment campaigns.
- § 09.26 Utilizing Game communication channels to coerce players into joining external Discord servers, clans, or competing services against their expressed wishes.
- § 09.27 Abusing game physics or social mechanics to persistently disrupt the shared virtual environment.
- § 09.28 Encouraging, inciting, or actively assisting third parties in violating any of these community conduct standards.
- § 09.29 Engaging in a persistent pattern of disruptive behavior that substantially impairs other users' peaceful enjoyment of the Game.
- § 09.30 Continuing prohibited conduct after receiving a direct, reasonable request to halt from an affected user or moderator.
- § 09.31 Manipulating, coercing, intimidating, guilt-tripping, threatening, or otherwise pressuring another person into taking an action they do not freely wish to take.
- § 09.32 Pressuring, manipulating, or repeatedly requesting a Developer, administrator, moderator, or staff member to grant, alter, remove, restore, or modify a rank, role, permission, disciplinary punishment, or administrative decision.
- § 09.33 Attempting to secure staff positions, ranks, permissions, promotions, or special privileges through manipulation, persistent pressure, threats, bribery, favoritism, or coordinated user lobbying.
- § 09.34 Threatening to incite disruption, leak private information, damage the Game, or harm the community to extort a desired administrative ruling or role assignment.
- § 09.35 Repeatedly contacting or harassing staff members regarding an adjudicated decision after staff has formally closed the matter, absent a valid formal appeal channel.
- § 09.36 Organizing or directing third parties to pressure, harass, or inundate staff members on an individual's behalf.
- § 09.37 Exploiting personal friendships, social status, popularity, donations, or community standing to exert improper leverage over staff disciplinary decisions.
- § 09.38 Misrepresenting staff statements, promises, policies, or administrative authority to secure unwarranted roles, permissions, or punishment reversals.
- § 09.39 Retaliating against any individual for declining a request, reporting misconduct, participating in moderation, or exercising statutory rights under these Terms.
- § 09.40 Bypassing established administrative appeal structures by sequentially contacting multiple staff members until securing a desired favorable outcome.
- § 09.41 Engaging in coercive, manipulative, or intimidating tactics directed against any user or staff member.
- § 09.42 Knowingly assisting, encouraging, facilitating, or participating in conduct violating these Terms, including doxxing, harassment, or unauthorized data disclosure.
- § 09.43 Furnishing false evidence, instructional guides, accounts, or operational assistance to aid individuals in violating these Terms.
- § 09.44 Endorsing, defending, or organizing efforts to support users actively engaged in prohibited conduct.
- § 09.45 Disseminating materially false statements concerning the Developer or staff with intent to defame, disrupt moderation, or fabricate conflict.
- § 09.46 Fabricating official staff instructions, permissions, or policy statements to deceive users.
- § 09.47 Withholding, fabricating, or selectively altering evidence presented to staff to manipulate disciplinary outcomes.
- § 09.48 Attempting to deceive staff via personal exploitation, false narratives, or emotional manipulation.
- § 09.49 Acting as an un-authorized intermediary to exert coordinated pressure on behalf of banned or restricted users.
- § 09.50 Assisting banned users in evading enforcement through alternate accounts or evidence destruction.
- § 09.51 Exploiting private non-public communications, staff logs, or internal discussions to distort facts or provoke community conflict.
- § 09.52 Launching fabricated allegations or falsified evidence to undermine staff authority.
- § 09.53 Celebrating, coordinating, or materially assisting severe breaches of these Terms such as doxxing or targeted harassment.
Assessment of intent and culpability shall be determined based on the totality of available factual evidence. Users acting in good faith based on reasonable misunderstandings shall not be penalized under these provisions.
Legitimate administrative inquiries, feedback submissions, appeals, negotiations, and polite civil inquiries do not constitute violations. Users retain the right to submit voluntary requests for reviews or appeals without facing retaliation.
Enforcement: Designated moderators and the Developer maintain full authority to issue formal warnings, temporary chat mutes, matchmaking suspensions, session expulsions, temporary bans, or permanent account terminations based on the severity, repetition, and impact of the infraction. Enforcement actions are executed at the Developer's reasonable discretion. The enumeration above is non-exhaustive, and any unlisted abusive, dangerous, or coercive conduct may result in disciplinary intervention.
Nothing herein restricts ordinary, good-faith social discourse, constructive criticism, or policy feedback.
§ Section 10 · Staff Conduct and Responsibilities
For the purposes of this Section, "Staff" encompasses Developers, Administrators, Moderators, Community Managers, and any other individual delegated formal administrative authority within the Game or its official community hubs.
Staff members are held to rigorous standards of professional conduct, requiring them to exercise delegated authority responsibly, equitably, and in absolute good faith. Staff are strictly prohibited from utilizing their administrative standing to intimidate, coerce, exploit, or harass users.
Prohibited staff conduct explicitly includes:
- § 10.01 Abusing or intentionally misusing moderation permissions for personal vendettas or improper motives.
- § 10.02 Threatening users with disciplinary punishments to extort personal favors, monetary compensation, services, or unearned benefits.
- § 10.03 Pressuring users into personal relationships, external private communications, or offline real-world meetings unrelated to game moderation.
- § 10.04 Demanding user passwords, multi-factor authentication codes, payment details, or sensitive personal credentials.
- § 10.05 Disclosing, leaking, or misusing confidential information acquired through administrative moderation duties.
- § 10.06 Falsely claiming administrative authority, fictitious policy instructions, or fabricated evidence.
- § 10.07 Tampering with, altering, or falsifying moderation logs, infraction reports, ban records, or evidence databases.
- § 10.08 Retaliating against users for filing good faith administrative complaints, appeals, or constructive criticisms.
- § 10.09 Granting or revoking roles, ranks, privileges, or punishments in exchange for bribes, gifts, or improper consideration.
- § 10.10 Entering into un-disclosed conflicts of interest that compromise neutral community administration.
- § 10.11 Accessing private user data or communication channels beyond the scope strictly necessary for assigned responsibilities.
- § 10.12 Participating in coordinated staff cliques aimed at unfairly targeting, silencing, or excluding specific players.
- § 10.13 Utilizing administrative powers to adjudicate personal interpersonal disputes.
- § 10.14 Coercing fellow staff members or Developers into altering disciplinary rulings through threats or intimidation.
Staff members retain the right to engage in internal professional disagreements and request policy reviews through proper internal communication channels.
Staff status grants no immunity from these Terms; staff members remain bound by the identical community conduct standards applicable to all users, alongside these heightened administrative responsibilities.
The Developer retains the absolute right to revoke, suspend, or terminate staff permissions immediately upon determining that an individual has breached these standards, abused their delegated authority, or created an irreconcilable conflict of interest.
Nothing in this Section guarantees any permanent staff appointment, rank retention, or promotional advancement, all of which remain subject entirely to the Developer's discretion.
§ Section 11 · Technological Protection Measures
In compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and related Canadian federal and provincial privacy legislation, the Game incorporates technological Protection Measures designed to protect the integrity of the Game environment, safeguard user accounts and personal information, and prevent unauthorized access or misuse of Game systems.
§ 11.01 Purpose of Technological Protection Measures
Technological Protection Measures employed by the Developer serve the following legitimate purposes: (a) protecting the confidentiality, integrity, and availability of the Game's technical infrastructure; (b) preventing unauthorized access to user accounts and personal data; (c) detecting and preventing fraudulent or malicious activity; (d) maintaining fair and equitable gameplay for all users; (e) enforcing compliance with these Terms of Service; and (f) protecting the Developer's intellectual property and proprietary game systems.
§ 11.02 Permissible Technological Protection Measures
The Developer may employ the following technological Protection Measures without limitation:
- Account authentication systems based on device identification, including device fingerprinting and hardware validation to prevent account sharing and multi-accounting.
- Anti-cheat detection and prevention systems capable of identifying and remediating unauthorized client modifications, memory injection, packet manipulation, or other forms of cheating.
- Server-side validation of client state, gameplay actions, and player progression data to prevent unauthorized advancement or data manipulation.
- Rate limiting, API throttling, and traffic filtering mechanisms to prevent denial-of-service attacks or abuse of Game systems.
- Encryption of sensitive data in transit and at rest, including device identifiers, personal information, and gameplay telemetry.
- Automated logging, audit trails, and forensic analysis to investigate and document security incidents, terms violations, and system abuse.
- Signature verification to ensure only authentic, unmodified Game clients can connect to official servers.
§ 11.03 User Notification and Transparency
The Developer commits to maintaining transparency regarding technological Protection Measures to the maximum extent possible without compromising the effectiveness of security systems. Detailed documentation regarding the specific technological Protection Measures employed, the data collected, and the manner in which such data is processed is available in the Game's Privacy Policy. Users agree that such measures are necessary to protect the Game's technical integrity, user safety, and compliance with applicable laws.
§ 11.04 Circumvention and Tampering Prohibited
You are strictly prohibited from attempting to circumvent, disable, tamper with, or interfere with any technological Protection Measure employed by the Developer. Such interference encompasses reverse engineering, decompiling, disassembling, debugging, memory scanning, packet sniffing, or employing specialized software or hardware tools designed to bypass authentication, anti-cheat systems, encryption, or other protective mechanisms. Violations of this provision constitute a material breach of these Terms and may subject your account to immediate suspension or permanent termination.
§ 11.05 Right to Update and Modify Protection Measures
The Developer retains the absolute right to update, modify, enhance, or replace technological Protection Measures at any time without advance notice. Such modifications may be automatically deployed through software patches or server-side configuration changes. Your continued use of the Game following any such modification constitutes acceptance of the updated Protection Measures.
§ 11.06 Compliance with Canadian Law
All technological Protection Measures are designed and implemented in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), the Privacy Act (federal), provincial privacy legislation including but not limited to the British Columbia Personal Information Protection Act, the Uniform Law Conference's Model Privacy Act, and all applicable Canadian federal and provincial laws governing data protection, cybersecurity, and digital commerce. The Developer commits to processing personal information lawfully, fairly, and transparently, with technological Protection Measures serving only legitimate purposes as defined by Canadian law.
§ Section 12 · Anti Cheat and Technical Integrity
You covenant that you will utilize exclusively official, unmodified builds of the Game acquired directly through authorized digital storefronts. You are strictly prohibited from creating, distributing, acquiring, or executing cheats, memory hacks, aimbots, wallhacks, speed modifiers, client-side debuggers, packet injectors, or any automated tools designed to grant unfair competitive advantages. Deliberately exploiting software bugs, physics glitches, or geometry oversights for unearned progression is strictly prohibited. If you discover a critical security vulnerability or zero-day exploit, you agree to report it privately and securely via electronic mail to baboon@mail2developer.com rather than publicly disclosing or weaponizing the flaw.
§ Section 13 · Server and Infrastructure Security
You covenant that you shall not attack, probe, compromise, or overload the Game's backend server infrastructure, matchmaking databases, or relay nodes. Prohibited activities encompass executing Distributed Denial of Service (DDoS) attacks, injecting malicious script payloads, attempting unauthorized administrative access to developer management consoles, and intercepting, sniffing, or scraping network packet streams for the purpose of mapping vulnerability vectors or disrupting network stability.
§ Section 14 · Moderation and Enforcement
Designated moderators and the Developer maintain full discretionary authority to audit user infraction reports and administer appropriate disciplinary measures, encompassing temporary proximity voice mutes, forced username resets, temporary matchmaking suspensions, or permanent expulsion from multiplayer server architecture. Enforcement decisions are executed based on the verified circumstances and at the Developer's reasonable discretion. While the Game is provided free of charge, enforcement actions are administered in good faith. Permanent account bans are final, though the Developer may elect to review formal appeals at our sole discretion.
The Developer is under no obligation to disclose exhaustive evidentiary logs or reporter identities in every adjudicated case, ensuring the privacy and safety of reporting users.
§ Section 15 · Virtual Content and Progress
All virtual items, cosmetic assets, avatar customizations, player ranks, statistical metrics, experience levels, and unlockable achievements possess zero real-world monetary value, cannot be redeemed for fiat currency, legal tender, or physical merchandise, and are strictly non-transferable outside the Game environment. The Developer maintains the absolute right to modify, re-balance, replace, reset, wipe, or remove any virtual content, inventory assets, or progression databases at any time without incurring financial liability or advance notice.
§ Section 16 · Updates
The Developer reserves the right to deploy software patches, hotfixes, content expansions, and systemic architectural modifications at any time. Certain updates may be rendered mandatory to maintain ongoing connectivity to multiplayer matchmaking servers. The Developer provides no warranty or guarantee that any specific gameplay feature, map geography, mechanical balance, or customization setting will remain operational or accessible in future software iterations.
§ Section 17 · Availability
Utilization of multiplayer matchmaking features requires a stable, continuous internet connection. The Developer does not guarantee uninterrupted, error-free, or low-latency network performance. Game servers may experience scheduled or unscheduled downtime necessitated by routine hardware maintenance, software patching, unforeseen technical glitches, third-party ISP outages, or force majeure events.
§ Section 18 · Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE GOVERNING LAW, THE GAME AND ALL ASSOCIATED SOFTWARE, SERVICES, AND ASSETS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE DEVELOPER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ACCURACY. THE DEVELOPER DOES NOT WARRANT THAT THE GAME WILL OPERATE UNINTERRUPTED, BE COMPLETELY ERROR-FREE, SECURE, OR COMPATIBLE WITH EVERY COMBINATION OF HARDWARE, OR THAT ANY SAVED GAME DATA OR TELEMETRY WILL BE PRESERVED WITHOUT LOSS.
§ Section 19 · Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER, ANDREW CHAPMAN, ANN CHAPMAN, AND THEIR RESPECTIVE CONTRIBUTORS, MODERATORS, AFFILIATES, AND LICENSORS SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, REPUTATION, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO YOUR UTILIZATION OF, OR INABILITY TO UTILIZE, THE GAME.
THIS COMPREHENSIVE LIMITATION ENCOMPASSES CLAIMS PERTAINING TO HARDWARE DAMAGE, SYSTEM CRASHES, DATA CORRUPTION, HEADSET OVERHEATING, OCULAR STRAIN, MOTION SICKNESS, SEIZURE EPISODES, SPATIAL DISORIENTATION, PHYSICAL TRIPPING, OR OTHER BODILY INJURY, DISCOMFORT, OR PROPERTY DAMAGE INCURRED DURING IMMERSIVE VIRTUAL REALITY USAGE, AS WELL AS ASSOCIATED INTERNET OR SERVER COSTS. THIS LIMITATION APPLIES REGARDLESS OF THE UNDERLYING LEGAL THEORY—WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, NEGLIGENCE, OR OTHERWISE—AND EVEN IF THE DEVELOPER HAS BEEN ADVISED EXPLICITLY OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY CATEGORIES, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
§ Section 20 · Indemnification
You covenant and agree to defend, indemnify, and hold harmless the Developer, Andrew Chapman, Ann Chapman, and their respective contributors, moderators, and commercial affiliates from and against any and all claims, liabilities, damages, losses, judgments, awards, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or directly related to your breach or violation of these Terms, your misuse of the Game, your submission or transmission of prohibited content, or your infringement of any third-party intellectual property or privacy rights.
§ Section 21 · Severability
If any provision, clause, or covenant of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified and narrowed to the minimum legal extent necessary to render it valid and enforceable, or, if such modification is legally impossible, deemed severed from these Terms. The remaining provisions, clauses, and covenants shall continue in full force and effect without impairment.
§ Section 22 · Governing Law and Venue
These Terms, and any legal dispute, controversy, or claim arising out of or relating to them or your utilization of the Game, shall be governed by, construed, and enforced in accordance with the substantive laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles or choice of law rules. You hereby irrevocably submit to the exclusive personal jurisdiction and venue of the courts located in Nanaimo, British Columbia, Canada, for the adjudication of any legal proceedings.
§ Section 23 · Termination and Changes
You may terminate this contractual agreement at any time by permanently uninstalling the Game binary and purging all local data files from your hardware device. The Developer maintains the absolute unilateral right to modify, amend, restate, or update these Terms at any time. When material modifications are implemented, the "Last Updated" timestamp header will be revised. Your continued launching, installation, or playing of the Game following the publication of revised Terms constitutes your binding legal acceptance of the updated agreement.
Furthermore, the Developer reserves the right to suspend, restrict, or terminate your user account and access to the Game immediately upon any breach of these Terms, or for any other operational reason at our reasonable discretion.
§ Section 24 · Contact and Acknowledgment
For official inquiries regarding these Terms or other legal notices, you may contact us via electronic mail at: baboon@mail2developer.com
By initially joining the Game, continuing to play following a Terms of Service or Privacy Policy update, or maintaining active software installation, you affirmatively acknowledge that you have been afforded a full opportunity to read, review, and comprehend these Terms of Service and the Privacy Policy, and you unconditionally agree to be legally bound by all terms and conditions contained herein.
