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Impostors Game Terms of Service

Last Updated: August 11, 2022

Welcome to the Impostors Game Terms of Service ("Terms"). This is a legal agreement between you and Super Studios, Inc. ("Super Studios") regarding our Services. "Services" means collectively, and sometimes individually, (a) the Game and (b) any services we provide relating to our Game, whether or not the Game is installed or used on a computer, console, or a mobile device. "Game" means our Impostors game that you download and access that is subject to these Terms, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in the game.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 "DISPUTE RESOLUTION AND GOVERNING LAW – UNITED STATES" BELOW FOR DETAILS REGARDING ARBITRATION. THESE TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, OR USE OUR SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 8), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE.

  1. Defined Terms

You'll notice some capitalized terms in these Terms. They're called "defined terms," and we use them so we don't have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout the Terms. We've included the defined terms throughout because we want it to be easy for you to read them in context.

  1. Additional Terms

Some Services may be available through accessing (or downloading from) (a) Impostors Launcher, Xsolla or a third-party platform, or (b) the website and interface located at https://impostors.gg/ ("Website"), which will link to a third-party platform or store, including but not limited to, the Epic Games platform, the Google Play Store and Apple App Store (Xsolla, third-party platforms or stores, each, an "App Store"), and such access will allow you to download the Game. Your use of the Services is also governed by any applicable agreements you have with any App Store (the "App Store Agreement(s)") and/or the separate Terms of Service located at https://impostors.gg/terms (the "Website Terms"). In the event of a conflict between any other App Store Agreement(s) or Website Terms from which you acquire or access our Game and these Terms with respect to your use of the Services, these Terms will take priority.

Users may use certain digital assets available through third parties in the form of non-fungible cryptocurrency tokens ("NFTs") (such NFTs, the "Impostors NFTs") in the Game, including but not limited to the Genesis Aliens. If you use the Impostors NFTs in the Game, you agree to be bound by and comply with the Website Terms. Further, you agree and acknowledge that all rights and obligations associated with the Impostors NFTs are governed by the NFT Purchase and License Agreement ("NFT Terms"), which may be promulgated by a third party.

The collection of information from you and related to the Services (whether obtained through an App Store or Website or not) is governed by our Privacy Policy at https://impostors.gg/privacy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

  1. Eligibility and Registration

    1. Age. While some aspects of the Services are provided to all users, for other aspects, such as the ability to use some social features, you must be at least 16 years of age (or such other minimum age as is applicable in the jurisdiction you live in) and not otherwise barred from using the Services under applicable law. If you are under 18 years of age, you must have one of your parents (or legal guardians) read these Terms and accept them on your behalf. Parents and guardians are responsible for the acts of their minor children when using any of our Services, and if you are a parent or guardian accepting these Terms, you understand and agree that you will be responsible for all uses of our Services by your minor child whether or not you authorized such uses. You may not create or use a Game Account, or use or access any of our Services on behalf of a legal entity or for a commercial purpose.

    2. Account Creation. To access parts of the Game, you may need to connect your account you may have with any App Store (your "App Store Account") to the Services or create an account with a third-party platform that we direct you to and provide certain information, such as your email, username, password, and ETH address (your "Game Account"). To the extent you create your Game Account through the use of a third-party account, we may access certain personal information that the third party provides to us such as your email address and name to help create your Game Account. Further information about use of third-party accounts is provided in the Privacy Policy at https://impostors.gg/privacy.

    3. Linking Your Wallet. You may use your NFTS, such as your Impostors NFT, in the Game by linking your digital wallet(s) on supported bridge extensions. Before using your Impostors NFT in the Game, we may ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension.

    4. Keep Your Information Current. It's important that you provide us with accurate, complete and up-to-date information for your Game Account and you agree to update such information to keep it that way. If you don't, we may suspend or terminate your Game Account. You agree that you will not disclose your Game Account password to anyone and will notify us immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify us at [email protected].

    5. No Account Sharing. You may not sell, rent, lease, share or provide access to your Game Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

    6. No False Accounts. You may not create a Game Account for anyone other than yourself.

    7. SUPER. SUPER serves as the governance token over the Game metaverse. If you are a SUPER Holder, you may participate in the governance of the Game as determined by the DAO governance rules, as may be promulgated from time to time. As used in these Terms, "SUPER" refers to the ERC-20 token distributed by the following Ethereum contract address: 0xe53ec727dbdeb9e2d5456c3be40cff031ab40a55.

  2. License

    1. License Grant. So long as you comply with these Terms and, as applicable, the App Store Agreement(s) or Website Terms, we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) or Website Terms (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes, leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in these Terms. "Content" means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 7) and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.

    2. Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, the Game, or any or all of the Services, depending on the territory in which you are located. Without limiting the foregoing, Content, Virtual Goods, the Game, or the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your country.

    3. Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to play the Game. We may publish these minimum requirements on the applicable website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before playing the Game.

    4. Seizure Warning. The Game may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before playing the Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor.

    5. Streaming. You are permitted to make gameplay videos for the Game, subject to your compliance with the terms of our [Streaming Policy] for such gameplay video activity.

  3. License Restrictions

    You agree not do any of the following with respect to the Services:

    1. except as permitted by our [Streaming Policy], use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;

    2. use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the Services and Super Studios or that collect information about the Game;

    3. use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the App Store or the Website), such as hosting, "leveling" services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;

    4. access or use them on more than one device simultaneously in violation of these Terms;

    5. copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not authorized by Super Studios;

    6. sell, rent, lease, license, distribute, or otherwise transfer the Services, Game or any Content, including participating in or operating so called "secondary markets" for Content, except for the Virtual Goods that may be transferred outside of the Game in accordance with these Terms, as communicated or shown to you within the functionality of the Game;

    7. attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon the Services or any Content;

    8. remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;

    9. create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes or otherwise Cheat (as defined below);

    10. violate any applicable law or regulation;

    11. attempt to probe, scan or test its vulnerability or breach any security or authentication measures;

    12. access, tamper with, or use non-public areas of the Services;

    13. behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming, or contrary to public morals or public policy;

    14. engage in any behavior that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including "trolling;" (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

    15. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;

    16. collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;

    17. trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage, nuisance or other liability;

    18. impersonate or misrepresent your affiliation with any person or entity;

    19. use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;

    20. play on another person's Game Account to "boost" that Game Account's status, level or rank;

    21. use the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services; or

    22. encourage or enable anyone else to do any of the foregoing.

  4. Ownership of the Services

    We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or Game or Content therein. The Services (and particularly our Game) may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are "Cheating", and the software is the "Cheat Detection Software"). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under these Terms, including termination of these Terms and your access to our Services.

    Subject to applicable privacy laws, although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don't have to) remove or disable access to any Content, at any time and without notice. We may (but don't have to) investigate violations of these Terms or conduct that affects the Services.

  5. Virtual Goods, Game Currency, and Subscriptions

    1. Purchasing or Obtaining Virtual Goods and Game Currency. You may purchase with real world currency on third-party platforms, or earn by playing the Game, the in-game currency, BLOOD ("Game Currency"). For the avoidance of doubt, Game Currency does not include SUPER. We may also offer certain upgrades and options within our Game that you can buy with real world currency or the Game Currency, including, but not limited to, Genesis Land, UFOs, Pets, Cosmetics Boxes, Materials Boxes, Closed Beta Passes, and other Genesis Season Assets in the Game metaverse, and other such digital add-on items that may improve your Game experience in some way ("Virtual Goods"). If you purchase Game Currency, Virtual Goods, or a Subscription (defined below) (each, a "Transaction"), your purchase will be made through the functionality available through the App Store, Website or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is an App Store Agreement, Website Terms or another third-party platform agreement (like a third-party payment processor's terms). There may be limits to the quantity and number of times you can purchase Virtual Goods or other aspects of your Transaction.

    2. Your Use of Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by these Terms, the App Store Agreement(s), the Website Terms, the NFT Terms, or other third-party platform agreements, as applicable.

      1. Game Currency and Virtual Goods that are Transferable. While the Game Currency and some of the Virtual Goods may be transferable outside of the Game, as communicated or shown to you within the functionality of the Game, we are not responsible for any use or transfer of the Game Currency and Virtual Goods outside of the functionality of the Game. You may be entitled to use the Game Currency and Virtual Goods with compatible third-party applications, but we expressly disclaim and do not make any warranty that the Game Currency and Virtual Goods will be compatible with such third-party applications. You further agree that you will not use or transfer the Game Currency and applicable Virtual Goods for inappropriate, harmful, or illegal purposes.

      2. Virtual Goods that are Not Transferable. SOME VIRTUAL GOODS, AS COMMUNICATED OR SHOWN TO YOU WITHIN THE FUNCTIONALITY OF THE GAME, HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. SOME VIRTUAL GOODS ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. For such Virtual Goods, provided you comply with the terms of these Terms and the App Store Agreement(s) and Website Terms, we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game and within the Game and for no other purpose. Unless expressly permitted by us, you may not trade any such Virtual Good with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods to your Game Account.

    3. Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you. YOU AGREE THAT YOU WON'T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE "SUPER STUDIOS PARTIES") RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS.

    4. Subscriptions. Although certain features of the Game or the Services may be available at no charge, other features and/or Content may only be available via a subscription plan ("Subscription"). Subscriptions, if offered, give full access to all the Subscription features as long as Subscription is active. If you purchase a Subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, your credit/debit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all Subscription fees specified when you purchase a Subscription including all applicable taxes.

  6. Refunds

    Subject to applicable law, (i) the Game and certain Virtual Goods, as communicated or shown to you within the functionality of the Game and except for those that are transferable outside of the Game, remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any "real world" money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to such Game or Virtual Goods at any time consistent with these Terms without notice or liability to you; and (iii) by purchasing and/or using any Game, Virtual Goods and/or Game Currency, if applicable, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase and/or delivery of your Game, Virtual Good and/or Game Currency, as permitted by applicable law.

  7. Accessing the Game from an App Store

    Where the Game is made available to you via an App Store (like the Apple App Store or Google Play Store), whether or not on your mobile device, you acknowledge and agree that:

  1. Feedback

    We welcome your feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at [email protected] or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don't have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.

    In posting such Feedback, you warrant that you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or breach the applicable laws.

  2. Third Party Websites and Resources

    The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

  3. Data Charges and Mobile Devices

    You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.

  4. Service and Terms Modifications

    We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the "Dispute Resolution" section, for which we will follow the process in Section 18. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

    We may provide patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of any particular Game and other elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services.

    Subject to applicable law, we may change the price of the Services, Game, Virtual Goods, Game Currency, Subscription, or Content, at any time, for any reason, without notice or liability to you.

  5. Warranty Disclaimers

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE SUPER STUDIOS PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Super Studios Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Super Studios Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.

    WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD-PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD-PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD-PARTY SERVICES.

    SUPER STUDIOS DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE SUPER STUDIOS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, SUPER STUDIOS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, ANY CONTENT OR VIRTUAL GOODS THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.

    WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.

    THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

  6. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SUPER STUDIOS PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:

    1. LOSS OF PROFITS,
    2. LOST REVENUE,
    3. LOST SAVINGS,
    4. LOSS OF DATA, OR
    5. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,

    ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF AN SUPER STUDIOS PARTY'S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT SUPER STUDIOS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SUPER STUDIOS PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE GAME OR SERVICES IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

    Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Terms will prejudice such rights that you may have as a consumer of the Services.

  7. Indemnity

    You agree to indemnify, defend, and hold the Super Studios Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees, costs, and expert witnesses' fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of these Terms.

  8. Termination

    We may suspend or terminate your access to and use of the Services, including any Game, Virtual Goods, and Content, with no liability or notice to you in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach these Terms (including the App Store Agreement(s), Website Terms and our other policies specified in these Terms); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to terminate these Terms in our sole discretion, for any reason. You may also terminate these Terms by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. Upon any termination of these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.

    Where required by applicable law, termination of these Terms do not require a court decision to effect termination or a notice served by a court bailiff as a prerequisite to termination.

    Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not these Terms has been terminated.

    The following sections will survive termination of these Terms: 6 (first two sentences only), 10, 15, 16, 18 through 22, and this sentence of Section 17.

  9. Dispute Resolution and Governing Law – United States

    This section applies if you are accessing, using, or have purchased the Services in the United States.

    1. Governing Law. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18(b)-(i) below, the exclusive jurisdiction for all Disputes (defined below) that you and Super Studios are not required to arbitrate will be the state and federal courts located in Los Angeles, California, and you and Super Studios each waive any objection to jurisdiction and venue in such courts.

    2. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Super Studios agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Super Studios are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

    3. Exceptions. As limited exceptions to Section 18(b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

    4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

    Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

    1. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

    2. Injunctive and Declaratory Relief. Except as provided in Section 18(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

    3. Class Action Waiver. YOU AND SUPER STUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

    4. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 13 "Service and Terms Modifications" above, if Super Studios changes any of the terms of this Section 18 "Dispute Resolution" after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Super Studios' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Super Studios in accordance with the terms of this Section 18 "Dispute Resolution" as of the date you most recently accepted these Terms.

    5. Severability. With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

  10. Dispute Resolution and Governing Law – Outside the United States

    This section applies if you are accessing, using, or have purchased the Services outside of the United States. These Terms and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes will be the state and federal courts located in Los Angeles, California, and you and Super Studios each waive any objection to jurisdiction and venue in such courts.

  11. No Assignment

    You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  12. Miscellaneous

    1. Entire Agreement. These Terms and any other document or information referred to in these Terms constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.

    2. Language. The original language of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in any other language.

    3. Severability. These Terms describe certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms do not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of these Terms will remain in full force and effect.

    4. No Waiver. Your and our actions or inactions will not create any other rights under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    5. Third-Party Rights. Except as described in Section 9, a person who is not a party to these Terms will have no right under to enforce any of its terms.

  13. Contact Information

    If you have any questions about these Terms or the Game, please contact us at [email protected].

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