This Terms of Use (“Terms of Use”) is a legally binding agreement between SexGameDevil PRIVATE LIMITED COMPANY (“SexGameDevil”, “We”, “Us” and derivatives, “Licensor” or “Provider” as applicable) and you as a user (“You”, “User”) of the Website and (or) the Game (as defined below).
To play the Game or use the Website, by accepting this Terms of Use, you are also agreeing with the Privacy Policy.
DEFINITIONS
Certain words or phrases are defined to have the following meanings when used in this Terms of Use:
“Game” means the “3DXChat” multiplayer game, the proprietary software of SexGameDevil, as well as any patches, updates, add-ons, and upgrades thereof which are made available to you by the Licensor intended for installation and use on the Device. The Game includes Additional Features.
“Additional Features” means additional gaming features that expand the functionality of the Game and provide additional gaming experience. Additional Features may include in-game objects or additional Game opportunities (for example, Custom Nickname Style, create a new Character, buy photo slot, etc.).
“XGold” means an in-game item that User can purchase with fiat money to use in the Game and get Additional Features. XGold can only be used in the Game and has no value in the real world.
“Custom Nickname Style” means an Additional Feature that allows Users to personalize the visual appearance of their nickname within the Game.
“Cheat” means software, program, application, malware, method, or other technical way that may give the User an unfair competitive advantage in the Game without authorization from the Licensor.
“Account” means Your personal profile in the Game which is available once the registration and/or authorization processes are completed.
“Device” means the hardware on which You use the Game and the Website according to their functional purpose.
“Party” (“Parties”) refers to the SexGameDevil or (and) You.
“User-posted content” means any form of content, such as images, videos, text and audio, that has been posted by You in the Game.
“User-generated content” means works created by Users using the Game's functionality (characters, worlds/rooms, screenshots, video files, profile design, alias design, nicknames, and so on).
“Fan Arts” — any kind of derivative and composite works, and other objects of intellectual property created by Users based on the Game and SexGameDevil Company's intellectual property for use apart from the Game;
“Subscription” means a paid period of use of the Game and the Website for 1, 6 or 12 months, depending on the period selected by the user.
“Radio” means an in-game music player that enables users to listen to music sourced from third-party platforms. The player itself does not store any music but serves as a tool to access and listening to external content.
“Referral program” means a rewards program where both You and a new user receive bonuses when they sign up and start using the Game after registering through a link you shared with them.
“Character” means your in-game identity, complete with a chosen nickname, appearance, age, preferences, etc. Users use their characters to perform various actions within the game.
ELIGIBILITY
We need to ensure you are legally eligible to enter into the agreement with Us and fully understand these Terms of Use before their acceptance.
By accepting the Terms of Use, You certify that:
You are of legal age (under the applicable law in Your country of residence) to do so.
You reside in a jurisdiction where the storage and purchase of adult-oriented content is not prohibited.
You hereby represent and warrant that you have read, clearly understood, and accepted these Terms of Use in full without any reservations.
ACCEPTING THE TERMS OF USE
By paying for a Subscription and/or accessing the Website, you agree to the Terms of Use.
If you do not agree to the Terms of Use or if you are under the legal age of majority in your country, kindly exit the Website and uninstall the Game immediately.
Any use of the Game and Website by minors is the responsibility of their parents or legal representatives.
AMENDMENT OF THE TERMS OF USE
We can change the Terms of Use.
If We make significant changes to it, We will send you an in-Game notification or an e-mail message before the changes take effect, but We ask you to regularly check for the latest version on the Website yourself.
The changes will take effect 15 days after publication.
If you use the Game and/or the Website from the effective date of the changes, you agree to the new version of the Terms of Use.
WARNINGS PRIOR TO USING THE GAME
Inconsistency of the gameplay and its elements with reality warning. For entertainment purposes, the Website and the Game may show scenes that are not allowed to be repeated in real life. Some actions in the Game, if repeated in real life, may cause harm to you or third parties. Please take care of your health and those around you and do not repeat scenes that violate the law and/or the rights of third parties.
Potentially inappropriate content warning. Our Game included features for User communication and provide the ability for Users to create their own content in the Game (User-generated content) or to share images, videos, text and audio (User-posted content). This content may be viewable by other Users. We cannot perform pre moderation functions but make every possible effort to hide or remove content that does not comply with the law and the Terms of Use. Given the huge volume of User-generated content and User-posted content, We cannot guarantee that are potentially inappropriate content will be promptly removed or hidden from other Users. By using our Game, you acknowledge and agree that you may encounter content that may be inappropriate or offensive to you. If you come across inappropriate content in our Game, please let us know by email support@sexgamedevil.com.
SUBJECT OF THE AGREEMENT
SexGameDevil owns all intellectual property rights to the Game, the Website, as well as all intellectual property objects included in the Game and the Website, including video and audio materials, computer code, names, objects, characters, slogans, locations, illustrations, graphics, animation, musical compositions, audiovisual effects, text, on-screen images, trademarks, logos, other relevant documentation and other included content.
After accepting the Terms of Use, We grant the User the right to use the Game and the Website in their current version under a non-exclusive worldwide license for the duration of the Subscription for personal (non-commercial) purposes.
The license for the Game and the Website (except for use in accordance with next clause) is provided on a paid basis.
Without the Subscription, You have the right to use the Website with limited functionality solely for the purpose of viewing its contents.
The scope of the license rights for the Game includes the as follows:
Play the Game by downloading it to the Device;
Use the Game for entertainment non-commercial (personal) purposes, within which the User is entitled to:
Create and delete an Account;
Use the functionality of the Game;
Buy, give and send XGold and use them;
Use the Radio;
Use the functions of online chat and multiplayer;
Create User-Generated content within the Game and share User-posted content;
Use support services;
Use other available functionality.
The scope of license rights to the Website includes the following rights:
Access the Website and use its functionality, including for paying for a subscription;
View the information provided on the Website for non-commercial purposes;
Use support services.
Use the Website functionality available by subscription:
Download the Game;
Change email/password;
Buy XGold;
Buy game-time code for a friend
Use the Referral program;
Manage Account;
Delete Account;
Use other available functionality.
By purchasing XGold, You receive a non-exclusive worldwide license, which is valid until XGold is used in the Game to obtain Additional Features.
By getting Additional Features, You receive a non-exclusive worldwide license, which is valid until You use it for its intended purpose in the Game, You stop using the Game, or We revoke the license.
Our obligation to provide the non-exclusive worldwide license is fulfilled at the time of crediting XGold to the User's Profile balance.
We can unilaterally change the Game and the Website.
MINIMUM SYSTEM REQUIREMENTS
Before accepting the Terms of Use, please make sure that Your Device meets the minimum system requirements:
OS: Windows (64 bit);
Processor: Intel® Core™ i3 or AMD Phenom II X4 processor or better;
Graphics: Video card must be 2 GB or more and should be a DirectX 11-compatible with support for Pixel Shader 5.0;
Memory: 4 GB RAM;
Network: Broadband Internet connection;
Storage: 10 GB available space.
Your Device must comply with these requirements, and You acknowledge that any failure to do so may result in the unavailability of the Website/Game.
SUPPORT
If You encounter any difficulties or have questions regarding the Website, the Game, or the Terms of Use, you can access relevant information through our FAQ or contact our support team for assistance here.
WEBSITE DESCRIPTION
Payments
The Website allows You to buy:
Access to the Game for 1,6, 12 months;
XGold of different denominations.
Payments are accepted by BMT Micro on the Website.
BMT Micro may charge a VAT fee.
Making a payment, You agree to the terms of use and privacy policy of BMT Micro. Therefore, in case of any issues or questions related to payment, You should contact BMT Micro support.
For certain payment methods, the issuer of Your payment method may charge you a transaction fee or other charges, for which You are solely responsible.
Payments are non-refundable, and refunds or offsets for partially used Subscription periods or XGold are generally not provided, except for the simultaneous fulfillment of the following conditions:
If the person did not download or install the Game (no Character was created on the account);
If the payment does not result from an automatic subscription renewal (rebill);
If a return request is submitted within 14 days from the date of purchase.
Delete Account
You can delete Your Account.
Deleting Your Account will result in the loss of game progress, XGold, and Additional Features. We are not responsible for their safety if You choose to resume the Game.
Forum account
You can create a forum account in order to join the forum.
By using the forum, You agree to comply with the Community Rules.
We do not assume responsibility for the content of the forum. Users are solely responsible for their own messages.
GAME DESCRIPTION
Account
To start using the Game, enter the username and password that You received by email to log in to the Members of Website.
You shall not (or attempt to) purchase, sell, rent or give away Your Account. You must keep all information relating to Your Account confidential.
Character
You will need to create a Character by specifying his gender and coming up with a unique nickname. Also, You can choose the appearance of the character.
Please note that You do not have to specify Your name and gender.
You are prohibited from using the likeness and names of real people (including celebrities) without their consent. You will be responsible for any legal claims against Us if You breach this clause.
While playing the Game, You can create from 1 to 3 characters.
Profile
You can fill out the profile by providing information about the Character. You can specify the age; who the character is interested in; location; fill out the “About Me” section and upload images to the gallery.
The User is prohibited from violating copyright or image rights of a citizen when uploading images to the gallery.
The User is prohibited from uploading images with elements of violence, political context or other inappropriate content.
We shall not be held responsible for any actions by Users that violate these prohibitions. The User assumes full responsibility for all their actions.
Locations
You can select the following locations:
“My World” is a customizable location that You can personalize to suit Your preferences.
“General” Locations are public base locations for the game.
“Shared User” Worlds are public locations created by other players.
You can share My World. This means that other players can join in. To do this, specify the name of the room.
You can share My World with all (this means public access), or with friends/group (this means private access).
XGold
While playing the Game, You can get Additional Features for XGold.
You can send Your XGold to another user or buy XGold for another user.
If You send Your XGold to another user, You agree that:
this action cannot be undone;
We will withhold the commission.
We are not responsible for the actions that Users take with XGold in the Game.
We do not have the ability to cancel the action of using XGold.
Additional Features
Using XGold You have the right to acquire Additional Features in the Game.
The Additional Features available with XGold are subject to change. We reserve the right to modify the content of Additional Features or remove some of them without prior notice and without payment of any compensation.
You can give an Additional Feature to another user by paying XGold for it. This action cannot be undone.
All purchases of Additional Features are final and non-refundable.
By accepting the Terms of Use, the User acknowledges that the User does not own any proprietary right to the Additional Features. Any amount of the Additional Features shall not mean, correspond or reflect any monetary value or other value, and does not constitute any title, right, or interest in and to real property or actual good.
Custom Nickname Style
Once a Custom Nickname Style is purchased, it cannot be modified. User may only acquire a new Custom Nickname Style, which will automatically replace the previously active style.
Purchasing a new Custom Nickname Style permanently replaces any previously purchased style. User acknowledges and agrees that they will lose access to all prior Custom Nickname Styles upon acquiring a new one.
Chat
You can communicate with other players in the in-game chat.
Chats can be global, local (in each room), as well as personal.
We do not assume responsibility for the content of chat messages. Users are solely responsible for their own messages.
Radio
The Game has a function for listening to music using the Radio.
Using the Radio functionality, the User can set a URL link to a music stream, provided that the User has all the necessary licenses and permissions for this.
We are not responsible for the actions of Users if they violate copyrights. The User is responsible for copyright infringement.
Lovense
The Game provides an opportunity to interact with other Users using Lovense products.
When utilizing Lovense products and the Lovense remote application, You establish a contractual relationship with HYTTO PTE LTD.
Please note that We are not responsible for the operation of the application and products of Lovense.
REFERRAL PROGRAM
You can invite friends to the Game:
Find Your referral link in the members area on the Website or in the main menu of the Game;
Spread the word about 3DXChat using Your referral link.
You and Your friends will receive bonuses:
You receive: 1 month of gametime per each friend;
Friends receive: an extra 10,000 XGold by joining with Your link.
By sharing and/or registering through the referral link, You agree to the following terms.
Only new user accounts are eligible for bonuses. You will receive your bonus when a new account is created using your referral link by another person. Creating additional accounts for yourself will not earn you any bonuses.
You will earn a 1 month of gametime bonus when Your friend signs up for any subscription plan: 1, 6, or 12 months.
Please note that bonus will be deducted from Your account if a referred user requests a refund.
We have a strict policy against deceptive practices. Any attempts to misrepresent our services or impersonate our brand will not be tolerated.
We discourage spamming, such as unsolicited forum posts, mass emails, or intrusive popups. When sharing 3DXChat, please maintain a clean and respectful approach. Users not adhering to our standards may face account bans and commission revocation. We have a zero-tolerance policy in this regard.
Bonuses will only be credited if payments are made with a card. Cryptocurrency payments are not eligible for the referral program.
We reserve the right to change the terms and conditions of the referral program at any time. Changes will be effective upon posting on this page. No additional notice to users is required. Users are responsible for monitoring the terms and conditions on this page for changes.
RIGHTS TO USER-GENERATED CONTENT AND FAN ARTS
The Game provides functionality for creating User-Generated Content.
Users can create Fan Arts outside the Game.
Such User-Generated Content and Fan Arts, subject to sufficient creative and original input on Your part, may be subject to copyright under applicable law.
By accepting the Terms of Use, You acknowledge that if You create such User-Generated Content and/or Fan Arts, You grant Us a royalty-free, perpetual, non-exclusive license throughout the world in respect of such copyrighted items.
Subject to the terms of this license, SexGameDevil will be able to use them either with or without attribution (and by accepting this Terms of Use, You authorize SexGameDevil to use the User-Generated Content and/or Fan Arts anonymously without attribution).
SexGameDevil also has the right to modify, reproduce, distribute, transfer to third parties, publicly display, use in advertising/marketing materials, process, create derivative works, translate, demonstrate to third parties, prohibit third parties from unauthorized use of such copyrighted items.
The User is not entitled to sell, lease, transfer, or otherwise distribute any User-Generated Content and/or Fan Arts or products created with the use of Our intellectual property for commercial purposes.
REPORT ABUSE
If You believe that the rights of either Yourself or other users are being violated by the actions of other users, You can report abuse.
To report abuse, click on the user's name and select “Report”.
To ensure that We can properly consider Your report, please provide evidence. For instance, attach full-screen screenshots (not partial screenshots).
PROHIBITED USE
You are expressly prohibited from engaging in the following activities:
Exploiting bugs and vulnerabilities within the Game. Should You come across any bugs or vulnerabilities, You are obligated to promptly inform Us;
Removing, disabling, or circumventing any instructions and restrictions imposed by the Game;
Making alterations to the Game files;
Modifying character and location save files;
Running and using Cheat;
Running and using programs designed to analyze and steal Game resources;
Scanning and altering the memory of the running Game;
Adding third-party code to the Game;
Modify, download (other than page caching), reproduce, copy, or resell the Website, the Game, the content or any portion or derivative thereof;
Commercially use the Website, the Game, the content or any portion derivative thereof;
Copy or download any User's account information for the benefit of any third party;
Enable high volume, automated, electronic processes that apply to the Website/Game;
Use any robot, spider, data miner, scraper or other automated means to access the Website/Game for any purpose;
Interfere or attempt to interfere with the proper working of the Website/Game;
Bypass any measures used to prevent or restrict access to any portion of the Website/Game;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Website/Game;
Use Webites/Game domain names, trademarks, services marks or logos in any meta tags or any other "hidden text" or use Sites for the purpose of posting on or transmitting through the Sites any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
Any other unlawful purposes.
When communicating in Game chats and channels, You are prohibited by the following:
Excessive profanity and inappropriate language;
Insults, personal attacks, abuse or harassment;
Derogatory comments based on race, nationality, religion, culture, underage sex, or underage sexual preference;
Allusion of racial or national supremacy, as well as discriminative propaganda;
Spamming or posting nonsensical messages (this also includes excessive use of caps);
Begging/Soliciting in any form. Begging/Soliciting includes but is not limited to: requesting users to transfer real money to the virtual wallet, asking for additional credits, and requests to transfer XGold;
All types of ads for sale, exchange, or other options for the transfer of accounts from one user to another;
Distribution of user's personal information without their consent;
Slandering users or posting false information about users;
Attempting to extort information from users, including information necessary for the use of their account;
Discussion on, or linking to illegal activities, such as illicit drugs. This includes but is not limited to the linking of, or discussion on, websites dedicated to vulgar, racist, abusive, illegal, or any other content prohibited by the Terms of Use, or linking to the resources that contain such advertisement or content;
Discussion on, or linking to unreleased content, cheats, hacks, Trojan horses, or malicious programs. If You suspect that a cheat or hack exists or have any other problems or concerns on these topics, provide the necessary information to technical support;
Discussion on, advertising of, or linking to websites, in relation to the selling of XGold, credits, promotional codes, leveling services, or game accounts;
Death threats and other threats of violence in real life, directed either against individual users, Game masters or administration;
All types of advertising messages;
Mentioning and discussing of other games is permitted, but it should be discontinued if the character of the discussion turns into at a direct promotion of another gaming project;
Discussion of social, religious, political, illegal or other controversial topics that may create offense. This includes but is not limited to negative portrayal of religious and political figures;
Discussion of decisions or sanctions made by game masters or administration in all Game chats and channels;
Any kind of provocations for other players to violate the Terms of Use as well as additions to it;
Any statements or other actions that violate any applicable laws or regulations;
Any attempt to create nicknames, groups, or organized communities of players associated in any fashion with organizations which violate any applicable laws or regulations. This includes but not limited to, direct or indirect references to Nazi symbols, abbreviations and well-known leaders;
The use of copyrighted, trademarked, patented, classified, or restricted material or information and the violation of any rights of any party, including rights of privacy or publicity.
You are prohibited from using content containing names, avatars, images/videos, signatures or clan logos that are offensive, annoying or inappropriate. The list below provides examples of inappropriate content:
containing profanity, including its abbreviated form;
containing insults, personal attacks, abuse, or harassment;
containing unprintable words or abbreviations, or being visually unappealing or unreadable;
containing copyrighted or registered trademark elements, either wholly or partially;
having racist or nationalistic implications that may offend a particular nation, ethnicity, religion, or racial group;
alluding to racial or national supremacy, as well as propagating discrimination on any level;
including insults or derogatory comments based on race, nationality, religion, culture, mental stature, sex, or sexual preference;
associating with pedophilia, sexual abuse, or displaying offensive connections to the human body or bodily functions;
displaying excessive gore, violence, or being obscene/vulgar;
referencing addictive or illegal substances, their use, or any other illegal activities;
featuring logotypes, symbols, emblems, or figures associated with organizations that violate or violated existing laws and rules, provoking strong negative reactions/associations or promoting national/ethnic/religious hatred;
referencing current mainstream religions that may cause offense (e.g., names such as God, Jesus, Allah, etc.);
connected with negative historical or political personalities, particularly those judged by international courts for crimes against humanity, those generally evoking feelings of suffering or disgust in the majority of people, and members of currently existing terrorist organizations;
negatively portraying SexGameDevil;
violating the Terms of Use or local laws in any manner.
Violation of the Terms of Use may result in SexGameDevil being forced to impose the following penalties on You:
Removal of User-posted content that violates the terms of Terms of Use;
Temporary and/or permanent suspension of access to the Game/Website or their functions (ban);
Modifying and/or deleting any Additional Features that may be associated with Your Account;
Reset and/or change any Game progress or benefits and privileges that You have achieved in our Game.
Penalties may be imposed without prior notice to the User.
DISCLAIMERS AND LIMITATION OF LIABILITY. INDEMNITY.
We are not responsible for or obliged to keep Your progress in the Game, ensure the availability of Additional Features or safety of XGold in the Account.
We can't guarantee the Game or the Website will be available 24/7 without any hiccups.
The Game and the Website are provided on an "as is" and "as available" basis. The Provider makes no representations or warranties of any kind, express or implied, regarding the quality, accuracy, completeness, or availability of the Game or the Website or any content therein. Users are solely responsible for their use of the Game or the Website and any reliance on the content. We reserve the right to modify, suspend, or discontinue any aspect or feature of the Game or the Website at any time, with or without notice.
You acknowledge and agree that You use the Game or the Website at Your own risk. We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of the use or inability to use the Game or the Website, including but not limited to loss of profits, data, or goodwill.
You agree to indemnify, defend and hold Us (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 Game/Website, or any breach by you of these Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
We are not liable or responsible for the actions of other Users.
TERMINATION
If either Party is no longer interested in continuing cooperation and wishes to terminate the agreement under these Terms of Use, the following options are available:
Without limiting any other of our rights, We may cancel or suspend Your access to our Game/Website.
You can also terminate the agreement based on these Terms of Use by deleting Game/Account. Termination will not affect already existing rights or obligations to Us or You.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not the agreement based on these Terms of Use has been terminated.
GOVERNING LAW AND JURISDICTION. DISPUTE RESOLUTION
Users based across the globe except in the USA
These Terms of Use and any disputes arising out of or related to the Game/Website shall be governed by and construed under the laws of England, Wales and any dispute regarding it will be exclusively under the jurisdiction of the courts of UK.
Users based in the USA
These Terms of Use will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law). Any legal claim by You against Us will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between You and Us and therefore we both consent to the exclusive jurisdiction of those courts.
Amicable dispute resolution
Both You and Us must try to resolve any dispute directly for at least thirty (30) days before trials start. The informal dispute resolution process starts when You give Us written notice of the dispute through support@sexgamedevil.com.
No class action
If You have a dispute with Us or any related party, You agree to resolve the issue on an individual basis through negotiation, mediation, or court, as described in the “Governing Law and Jurisdiction. Dispute Resolution” paragraph of these Terms of Use.
You expressly waive any right You may have to participate in or seek to certify, a class, collective, or representative action, or to consolidate Your claims with those of others in any proceeding against us or any related party;
If You do not agree with the terms of this “No Class Action” section, You have the right to opt-out by providing written notice within thirty (30) days of accepting these Terms of Service to support@sexgamedevil.com.
SEVERABILITY
If any provision of these Terms of Use is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
ASSIGNMENT
We may assign our rights and obligations under these Terms of Use in whole or in part, to any party at any time without any notice. These Terms of Use may not be assigned by You, and You may not delegate Your duties under them, without the prior written consent of the Licensor.
CONTACTS
All communications concerning these Terms of Use may be sent to: