Terms of Service
Last updated on November 19, 2023
Pokéngine is an art and game development hub intended for the enjoyment of all its users. Thus, any action by a user, in our sole discretion, to abuse, harass, or otherwise make the game less enjoyable for fellow users, may be a violation of these Terms of Service. While we reserve the right to add and/or modify any of these terms, here are a few of them that delinate what is considered unacceptable behavior on this website.
1. Definitions
1.1. "User" means a person or entity that is registered with Pokéngine to use our Services.
1.2. "User Content" means content created or generated by a user.
1.3. "Services" means any service, app, website or product provided by Pokéngine pursuant to the terms on this page.
1.4. "We", "us" and "our" refer to Pokéngine.
1.5. "You," "your" and "yours" refer to you, the user.
2. Age requirement
2.1. By accessing our Services, you confirm that you are at least 13 years old and meet the minimum age required by the laws in your country. If you are old enough to access our Services in your country, but not old enough to have authority to consent to our terms, your parent or legal guardian must agree to our terms on your behalf. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child (who meets the minimum age for your country) to use our Services, then these terms also apply to you and you are responsible for your child's activity on our Services.
3. User Content
3.1. You may be allowed to post, upload, publish, submit or transmit relevant information and content (User Content) on our Services. When using our Services, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- anything that would constitute a breach of an individual's privacy or any other legal rights;
- using our Services to defame, harass, threaten, menace or offend any person;
- using our Services to submit material or create User Content that is Prohibited Content;
- tampering with or modifying our Services (including by transmitting viruses and using Trojan horses);
- manipulating or misrepresenting community interaction metrics (such as votes) through unauthorised or improper means, including but not limited to alternate account creation or robots;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on our Services; or
- facilitating or assisting a third-party to do any of the above acts.
3.2. Prohibited Content means material or content which is considered to include the following:
- content that is abusive, pornographic, deceptive, obscene, slanderous, defamatory, offensive, violent, hate speech or otherwise inappropriate;
- content that is homophobic, transphobic, racist or otherwise discriminatory;
- content that promotes bullying, personal attacks, harassment or doxing;
- content subject to copyright that is used without the express permission of the owner of the content;
- content that violates or encroaches on the rights of others, including but not limited to intellectual property or privacy rights;
- content that contains spam, viruses, worms, corrupt files, any corrupt code, Trojan horses or anything else that can cause a security breach and damage;
- content that incites, baits or advocates illegal activity or argument or violates any law;
- content that includes non-constructive criticism or creates a hostile or unwelcoming environment; or
- content that harms or advocates harm against anyone, including gore.
3.3. You agree that you are solely responsible for all User Content that you make available on or through our Services. You represent and warrant that:
4. Staff and violations
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these terms);
- you will not use our Services to submit material or create User Content that is Prohibited Content; and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Services (including on social media) will infringe, misappropriate or violate a third-party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.1 We do not endorse or approve, and are not responsible for, any User Content. We have the right but not the obligation to appoint staff members from time to time to ensure that all User Content meets these terms. If you breach or we suspect you may be in breach of these terms, we or our staff may, at any time (at our sole discretion):
- delete any User Content;
- suspend or terminate your account, along with all User Content associated with that account;
- suspend or permanently ban your access to our Services;
- suspend, remove or block your access to any associated online communities operated by us, including but not limited to our Discord server; and/or
- disclose the prohibited User Content to appropriate government authorities.
4.2. Keep in mind that it is impossible for the staff to confirm the validity of every single comment and/or user submission. Anyone who feels that certain User Content is objectionable agrees to notify a staff member of our Services. Since deleting User Content is a manual process, however, please realize that they are not always able to immediately remove or edit offensive material.
5. Obscene language
5.1. Pokéngine is a community for users of all ages above 13. Therefore, we will not tolerate language in chats and comment-related sections that, in our discretion, is considered defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, and/or adult material. Violating this term may result in a temporary suspension of your account connected to our Services.
6. Account usernames
6.1. You are allowed one account, represented by a username between 3 and 20 characters. We do not allow disruptive usernames, meaning names which are offensive, out of character, too graphic, or otherwise insulting to individuals or cultures. Usernames containing any of said rejected examples may undergo a name change without warning.
7. Service warranty
7.1. Nothing in these terms shall include the full warranty or the safety of user data stored or collected on our servers. Loss of user account stats and/or settings may be due to bugs or updates in progress. Please note that we are constantly adding new features, and thus, we can not guarantee the succession of every data request. While we do try to keep our Services as bug-free as possible, it is unlikely we are able to find every bug/glitch ourselves.
8. User responsibilities
8.1. It is your responsibility to immediately report every bug/glitch, error or problem found on our Services, including gameplay, to any of the Pokéngine staff members. The continued use of a found bug in Pokéngine is considered cheating, and is against the ToS, as this can damage the enjoyment of the game for all its users. This also goes for knowing about a bug and failing to report it to the Pokéngine staff on purpose. We keep the right to terminate any account caught abusing a bug.
9. Third-party sites
9.1. Our Services may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact an administrator or moderator if you have any concerns regarding certain links or the content located on such sites. Your use of those third-party sites is subject to the ToS and privacy policies of those specific websites; therefore, we are not responsible.
10. Termination of Service
10.1. We may terminate or suspend a user account at any time, in our sole discretion, if we find the user to be in violation of the ToS with or without prior notice. Upon termination, your right to use our Services stops immediately. Once your account has been canceled or suspended, any data you have stored in our databases may not be able to be retrieved later.
11. Changes
11.1. Pokéngine reserves the right to change these Terms of Service at any time. If we decide to change these terms, we will post these changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms of Service periodically.