TERMS AND CONDITIONS

Last updated: [ August 27, 2024 ]

These Terms and Conditions, together with our Privacy Policy and all supplemental terms and other documents referenced in these Terms and Conditions, as well as any relevant rules or terms and conditions that may apply to any campaigns or activities relating to the Services (the “Terms”) govern your use and access to (in-game) purchases, Games, Digital Assets, Virtual Items, User Generated Content (“UGC”), websites and virtual store and any other related services we may make available from time to time, unless we specifically state otherwise (“Services”).

These Terms form a legally binding contract between you and Gamephilos Singapore Pte. Ltd. (“we”, “our” or “us”). By accessing or using any of the Services you accept and agree to these Terms. If you do not agree to these Terms then please do not access, download, purchase or use our Services. These Terms shall apply to your access and use of the Games, your Account, Digital Assets, Virtual Items and other Services at all times and shall continue unless we terminate this contract with you.

Games means the game “Age of Dino” and any other games developed and/or made available by us, whether existing now or in the future.

The Services are not intended for distribution, access or use by any person or entity in China, South Korea and Belgium or in any jurisdiction where such distribution, access or use would be contrary to any law or regulation, or which would subject us to any registration or licensing requirements. Accordingly, you are solely responsible for compliance with all applicable laws when you access and/or use the Services.

Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction“); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. You further covenant that the foregoing shall be true during the entire period of this Terms. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws.

FOR U.S. AND CANADIAN USERS ONLY: These Terms include a binding arbitration clause and class action waiver under sub-section 20.10, which means you agree to submit any dispute related to these Terms, and/or any element of the Services, and/or your relationship with us, to binding arbitration rather than proceeding in court. You may opt out of this mandatory arbitration agreement only by following the procedures below as described in sub-section 20.10.3. These Terms also include a jury waiver.

1. ABOUT YOU

By using the Services, you agree that you are at least 18 years of age (or age of majority otherwise determined in your country of residency), or, if you are younger than 18 years of age (or age of majority otherwise determined in your country of residency) that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and they take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for our Games or Services, we will Stop the Account (as detailed in sub-section 3.3) provided we have the information which satisfies us that the reporting person is indeed the parent or guardian of that child.

2. CHANGES TO THESE TERMS & OTHER APPLICABLE TERMS

2.1 We may change these Terms from time to time, for example in order to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. It is your responsibility to check these Terms regularly before using any of our Services. Your continued use of our Services on or after the date any amendment is effective from, will be deemed your acceptance of the amended Terms.

2.2 In addition to these Terms, the use of specific aspects of the Services and/or more comprehensive or updated version of the Services may be subject to additional terms and conditions which will also apply in full force and effect. By agreeing to these Terms, you also agree to such additional terms. [Such additional terms include the terms found at [insert link]].

3. ACCOUNT

3.1 To access and use certain of our Services you may be required to create an account with us and/or with the third party service provider (e.g. Xterio Labs) or platform operator e.g. Apple or Google (“Account”). To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date.

3.2 You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. This includes the selling, buying, trading or otherwise transferring or offering to transfer your Account to anyone else. You are responsible for all activities associated with your Account and may be held responsible for damages, losses or expenses incurred by us or any other user arising out of any activity associated with your Account. You agree that we will not be responsible or liable for any damage, loss or expense, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with any unauthorised use of your Account by someone else either with or without your knowledge. If you become aware of any actual or suspected loss, theft, fraud, or unauthorised use of your Account, please notify us immediately at [e-mail] or by raising a ticket under ‘Age of Dino Support’ in the support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).

3.3 We may Stop your Account or permanently remove any content, Digital Assets or Virtual Items from any of our Services at our reasonable discretion if we have reasonable grounds for believing you have violated any of these Terms. References to “Stopping” or to “Stop” an Account includes temporarily or permanently disabling, suspending, banning or muting an Account. If your Account is muted, you can continue to play but will not be able to use free text chat during the relevant muting period. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Services will be either temporarily or permanently revoked by us, at our reasonable discretion. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY DIGITAL ASSETS, VIRTUAL ITEMS, IN-GAME ITEMS OR IN-GAME CURRENCY.

3.4 If, acting reasonably, we consider that: (i) these Terms have or may have been breached or may likely be breached by you; and/or (ii) you have committed fraudulent, unlawful or abusive activity including any breach or suspected breach of the rules of conduct set out in Section 7 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage to us, to any our Games or Services, to other players, the general public or to you, then it is in our reasonable sole discretion, that we may at any time: (i) Stop any part or all of your Accounts; (ii) restrict your access to any content-uploading or other features of our Games or Services; and/or (iii) restrict your access to or delete Digital Assets, Virtual Items or anything you have acquired by means of Digital Assets and/or Virtual Items. We shall not be responsible if the above-described actions result in the loss of real money by you.

3.5 If we take any of the above actions, you may, by no later than six months following the actions taken under sub-sections 3.3 and/or 3.4, submit an official request to our customer services via Email: [e-mail] or by raising a ticket under ‘Age of Dino Support’ in the support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio). All such requests will be dealt by us at our sole discretion acting reasonably.

3.6 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (EACH, A “RELEVANT PARTY” AND COLLECTIVELY THE “RELEVANT PARTIES”), SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, LOSSES, COSTS, FINES, PENALTIES OR EXPENSES OF WHATEVER NATURE, WHETHER OR NOT REASONABLY FORESEEABLE BY THE RELEVANT PARTIES AND YOU SHALL NOT BE ENTITLED TO ANY REFUND OR COMPENSATION IN CONNECTION WITH YOUR ACCOUNT ARISING FROM: (i) THE UNAUTHORISED USE OF YOUR ACCOUNT; (ii) STOPPING OF YOUR ACCOUNT, AND (iii) RESTRICTION OF YOUR ACCESS TO OUR SERVICES.

4. DELETION AND RECOVERY OF YOUR ACCOUNT

4.1 If you want to permanently delete your account you may request your account deletion at any time contacting us at [e-mail] or by raising a ticket under ‘Age of Dino Support’ in the support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).

4.2 We reserve the right to reasonably decide whether to delete your Account and/or content associated with your Account, for example we may refuse such request if deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our Terms (for example, to identify or investigate misuse of our Services); (ii) protect the safety and security of our Services and users; (iii) comply with a legal obligation, such as the preservation of evidence; or (iv) comply with a request of a judicial or administrative authority, law enforcement or a government agency.

4.3 TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, LOSSES, COSTS, FINES, PENALTIES OR EXPENSES OF WHATEVER NATURE, WHETHER OR NOT REASONABLY FORESEEABLE BY THE RELEVANT PARTIES AND YOU SHALL NOT BE ENTITLED TO ANY REFUND OR COMPENSATION IN CONNECTION WITH YOUR ACCOUNT ARISING FROM: (i) THE DELETION OF YOUR ACCOUNT; AND/OR (ii) RESTORATION OF YOUR ACCOUNT.

5. LICENSE

5.1 Our Services, Games, Accounts, Virtual Items and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Services, Games, Virtual Items and materials (together “Content”) are licensed, not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to use our Content for your own personal and non-commercial use.

5.2 If you breach any of these Terms, we may immediately terminate or suspend any license to you at our sole discretion acting reasonably. You acknowledge that all intellectual property and other rights in the Content and Digital Assets are and will remain our sole property or the property of our licensors, as the case may be, and that you will have no ownership, title or other proprietary interest in and to the Content and Digital Assets, regardless of whether you ‘earned’ or ‘purchased’ such Content and/or Digital Assets.

6. YOUR LEGAL OBLIGATIONS AND PROMISES TO US

6.1 You confirm that:

6.1.1 all information and details provided by you are true, accurate and up-to-date;

6.1.2 the rights granted under these Terms are strictly personal to you and you must not make your Account, the Services accessible through your Account, or your password(s) to your Account available to anyone else; and

6.1.3 you will comply with the rules of conduct relating to your use of your Account, the Services, Digital Assets and/or Virtual Items as set out in Sections 7, 8 and 9 and any other restrictions set out elsewhere in these Terms.

6.2 You shall:

6.2.1 comply, at all times with any applicable laws and any request of a judicial or administrative authority, law enforcement or a government agency; and

6.2.2 not at any time engage in any acts or practice that would, directly or indirectly, contravene any anti-bribery, anti-money laundering, and counter-terrorist financing and sanctions statutes or regulations or any similar statute applicable in the relevant jurisdictions, including any polices of any judicial or administrative authority, law enforcement or a government agency implementing or enforcing the foregoing,

notwithstanding anything to the contrary in this Terms, if we believe, that you violate any of either sub-section 6.2.1 or 6.2.2, we may immediately Stop or terminate your Account and/or terminate or suspect any licence granted to you at our sole discretion.

6.3 You will indemnify and hold us (and our shareholders, affiliated companies, officers, directors, employees, contractors, partners and licensors) harmless from and against any claims, losses, fees, expenses (including fees on a solicitor and client basis), damages, liabilities and costs, resulting from (i) your use of your Account or any activity associated with your Account; (ii) your use of the Services; (iii) your breach of these Terms; (iv) your breach of any other laws and regulations; (v) your infringement of the rights of a third party; or (vi) the submission of your UGC in the Services and our use thereof. We reserve the right, at your expense, to assume the exclusive defence and control of any third party claims subject to indemnification by you, in which event you agree to cooperate with us.

6.4 If we take legal action against you for non-payment or any other breach of these Terms, and a court or arbitrator makes an award in our favour, you will be responsible for all costs allowed under the relevant forum.

7. RULES OF CONDUCT AND YOUR USE OF THE SERVICES

7.1 You acknowledge our rules of conduct and agree that in using the Services (including the creation of UGC) you will not:

7.1.1 use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these;

7.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create, derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof, or commercial purpose without our prior consent;

7.1.3 sell, rent, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;

7.1.4 partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;

7.1.5 use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;

7.1.6 impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;

7.1.7 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items and/or Digital Assets;

7.1.8 upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;

7.1.19 make improper, false or spurious reports to us;

7.1.10 use our Services to build any service or game that may disadvantage or compete with our Services or assist another person in building a service or game that would disadvantage or compete with our Services;

7.1.11 probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;

7.1.12 improperly use in-game support or complaint buttons or make false reports to us;

7.1.13 use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, ‘data mine’ or in any way reproduce or circumvent the content, navigational structure or presentation of our Services;

7.1.14 sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction;

7.1.15 apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;

7.1.16 take advantage of the price differential of in-game currency or Virtual Items to make profit by buying and/or selling in-game currency and/or Virtual Items from/in different geographic territories;

7.1.17 exploit the Services, for any commercial purpose, including without limitation (a) gathering Virtual Items, in-game currency, or other in-game resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-levelling;

7.1.18 use the Services for political or religious reasons; and

7.1.19 infringing other third parties’ rights, or promoting, encouraging or helping others to infringe other third parties’ rights, including but not limited to intellectual property rights.

7.2 To the extent the Services functionality technically permits, you shall not post or communicate any person’s “real world” personal information whilst using the Services, particularly not in any chat rooms or forums.

7.3 We reserve the right to access, monitor and/or record any online activities within our Services and by acceptance of these Terms you give us your express consent to access and record your activities.

7.4 Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.

8. USER GENERATED CONTENT (UGC)

8.1 User Generated Content (“UGC”) means any form of content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with the Services. Our Services may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of UGC.

8.2 You agree, that by submitting any form of UGC, you are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such UGC for any purpose including making available of such UGC to any third parties, provided that we may not use UGC in violation of the Privacy Policy. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Further, you warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the submission and that submission in no way breaches the rights of any other person or entity.

8.3 We, or third parties engaged by us, may monitor and/or moderate any UGC but we do not warrant the accuracy, quality, or integrity of any UGC posted via the Game or any part of the Services. By using our Services you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we warrant its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please report this to us by contacting us at [e-mail] or by raising a ticket under ‘Age of Dino Support’ in the support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio). We will review the report and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Services and terminating or Stopping their Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.

8.4 We reserve the right to remove and permanently delete any UGC from our Services with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party’s intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.

8.5 You agree not to upload or transmit via the Services any UGC that is prohibited by applicable law, including but not limited to the following:

8.5.1 hate speech, promotion of cults, and discrimination against any religion and fascist symbols;

8.5.2 child inappropriate content, including sexual exploitation and abuse content, paedophilia content, infant/adolescent exposure, avatars involving minors’ misbehaviour and vulgarity, and children’s cults;

8.5.3 pornographic content including words or pictures representing sexual behaviour, nudity, pictures representing the content of prostitution, and sex properties;

8.5.4 words or pictures of propaganda of terrorist and extremist organisations including its symbols;

8.5.5 trafficking in drugs and illegal use or consumption of drugs;

8.5.6 content designed to harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion; organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate;

8.5.7 insulting and defamatory content, including but not limited to content containing language intended to encourage self-harm or suicide;

8.5.8 other content prohibited by law including content and activities such as unlawful non-consensual sharing of private images, pictures that contain icons, logos, and names of other competing gaming platforms, selling of human body parts, pictures that contain information such as QR codes, pictures involving phone numbers, addresses, website links, and other contact information;

8.5.9 any content that infringes on the legal rights of third parties, including but not limited to infringement of intellectual property rights; and

8.5.10 using your Digital Assets and/or Virtual Items in any manner not then permitted by us as may be communicated through official channels.

9. DIGITAL ASSETS AND VIRTUAL ITEMS

9.1 The Services may enable users to use or interact with smart contracts on blockchains involving digital assets which we have created and maintain control of, such as non-fungible tokens and fungible tokens (“Digital Assets”). These Digital Assets can be visualized via the Services and may also potentially be capable of interaction with through third-party services.

9.2 All transactions regarding Digital Assets are managed and confirmed on blockchains. You understand that your blockchain public address (“Wallet”) may be made publicly visible whenever you engage in a transaction. We reserve the right to migrate the Digital Assets to any blockchain and/or token standard should we determine that doing so is necessary for the provision of the Services and/or for the Digital Assets. Notwithstanding any other provision of this Agreement, each of the Relevant Parties shall not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by each of the Relevant Parties, which you may suffer, sustain or incur, arising out of or relating to such migration of the Digital Assets.

9.3 When you acquire Digital Assets, whether through the Services or otherwise, except where we explicitly state otherwise, we only grant you a personal, limited, non-sublicensable, revocable licence and right to use and access the Digital Assets, for your own personal and non-commercial use. Such licence may be transferrable, but only to the extent permitted by us, in our sole discretion, from time to time. We may change characteristics of the Digital Assets, including their associated visualizations, and to allow for transfers (or not) and any available functionality may be added or removed, from time to time. We may also disable, deactivate or destroy any Digital Assets from time to time, at our reasonable discretion.

9.4 ANY INFORMATION PROVIDED BY OR ON BEHALF OF US ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.

9.5 “Virtual Items” means the rights that we license to you to access or use certain features that are made available in our Services. Examples may include access to digital or unlockable content, additional or enhanced functionality (including multiplayer services), virtual in-game assets, in-game achievements, and virtual in-game points, coins and currencies. When you sign up or pay for Virtual Items, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to access the selected Virtual Items. Virtual Items have no monetary value and no other value outside of our Services. You cannot sell, trade or transfer your Virtual Items, or exchange them for cash. Any payment you make for access to Virtual Items is non-refundable unless otherwise stated by applicable laws or at our sole discretion.

9.6 We may, in our absolute discretion for any reason or no reason, reject or cancel any purchase request, including where we in our absolute discretion determines:

9.6.1 the purchase request to be associated with unusual, illegal or illicit activities, circumstances or transactions; or

9.6.2 the acceptance of the purchase request will or may cause us to be in breach of any applicable laws and regulatory requirements.

9.7 We may allow for the purchase of Virtual Items or Digital Assets through the use of Digital Assets. If so, and where we permit use of Digital Assets for such purpose, you shall transfer the relevant Digital Assets to our wallet address (through the Services, if available, or otherwise).

9.8 You are responsible for implementing all reasonable and appropriate measures for securing your Wallet and any other wallet, vault or other storage mechanism you use to receive and hold the Digital Assets, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Digital Assets. Without prejudice to any other provision, each of the Relevant Parties shall not be responsible or liable for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with: (i) your failure to implement reasonable measures to secure the wallet, vault or other storage mechanism you use to receive and hold the Digital Assets or the relevant access credentials; or (ii) the loss of or unauthorized use of any of your access credentials relevant for the foregoing.

10. PURCHASE AND PAYMENT POLICY

10.1 We aim to ensure that the pricing of our Services (including Digital Assets, Virtual Items, Games and any other goods and services available via third-party stores or on our store) are correct at all times. However, the Game and website pages may not always accurately reflect the correct details at the moment at which you place your order. We also reserve the right to change prices without prior notice at any time before the formation of the contract. We cannot confirm the price of an item until your order is accepted. Where applicable law requires, we will charge applicable value-added or sales taxes on purchases, and you agree to provide the information required to determine the relevant tax rates.

10.2 Payment methods accepted by us are as per those payment methods provided on our store site and by the third-party platform providers such as Apple and Google within our Games at the point of sale.

10.3 We may cancel a payment and make a chargeback to you, including any transaction fees incurred, if any, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.

10.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.

10.5 It is your own responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove any payment methods in relation to our Services at our sole discretion and without prior notice to you.

10.6 Each blockchain may require the payment of transaction fee (a “Gas Fee”) for every transaction that occurs on such blockchain, such Gas Fee to be based on the structure and composition of such blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable blockchain, and we shall have no liability to you in connection with the same.

10.7 In addition to the Gas Fee, each time you use a smart contract to conduct a transaction via the Services, you authorize us to collect a commission based on the rules that may be set out in relation to such Service (each, a "Commission"). You acknowledge and agree that the Commission will be transferred directly to us through the blockchain as a part of the applicable transaction.

10.8 All orders are subject to acceptance by us and availability of the Services. If your order cannot be processed successfully, you will be notified of the reason and receive an explanation, if possible. Please note that this acknowledgement email/message does not mean that your order has been accepted – your order merely constitutes an offer to us to purchase the Services. All orders are subject to acceptance by us. When we make the Services available to you e.g. as a download, this represents our legal acceptance of the offer you made to purchase the Services and the contract between us will then be formed (and we or the third party platform or service provider will debit your account).

11. CANCELLATION AND REFUND POLICY

11.1 All purchases of the licenses to the Services, Games, Digital Assets, Virtual Items or other digital content are final and non-refundable except where required under applicable law.

12. AVAILABILITY AND FUNCTIONALITY

12.1 We reserve the right to limit the amount of Virtual Items and Digital Assets you can purchase from us in a given period. Virtual Items and Digital Assets may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items and Digital Assets may only be purchased from us or our permitted representatives through the Games or otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items and Digital Assets for any reason.

12.2 We will use reasonable endeavours to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may occasionally have to suspend operations of certain Services, with notice whenever reasonably possible, for repair, maintenance, improvement, security or any other reason, provided that we will do our best to make any such suspension or interruption period as short as possible. We will not be responsible or held liable for any suspensions, interruptions or errors caused by external forces or circumstances outside our reasonable control.

12.3 We do not warrant that our Games or any part of our Services will be compatible with or capable of being accessed on all devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We will not be responsible or held liable for any such equipment, software or services. We do not warrant that our Services can be accessed in all geographic locations.

12.4 We do not warrant the ongoing supply of any Games or Services or that content will be available at all times, in all locations, or at any given time or that will continue to offer such Games, Services and content for a particular length of time.

13. UPDATES

13.1 You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades and additional features that we deem reasonably necessary and/or beneficial to our business, operations or to you. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

14. INTELLECTUAL PROPERTY

14.1 You acknowledge that all intellectual property rights in the Services, Games, Digital Assets and Virtual Items and all content appearing within the Services, Games, Digital Assets and Virtual Items belongs to us, our licensors or affiliates and that such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games, Digital Assets and Virtual Items or any other part of them other than the right to use the Services, Games, Digital Assets and Virtual Items under the terms of this licence.

14.2 Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any of our intellectual property in the Services, Games, Digital Assets and Virtual Items other than as expressly permitted in these Terms.

14.3 We reserve the right to stop offering you any of our Games and/or Services at any time either permanently or temporarily, at which point any license previously granted to you to use the Games and/or Services or a part thereof will be automatically terminated or suspended and your Account will no longer be available and be Stopped. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify before such Games and Services become unavailable. Notification may be given via our websites, push notification, alert, email or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required otherwise by law.

14.4 Each Digital Asset may embody or include certain artwork owned or created by us (the “Artwork”). You acknowledge and agree that we and/or our respective licensors owns all legal rights, title and interest in and to the Artwork, and all intellectual property rights therein. Digital Assets may also embody or include one or more registered or unregistered intellectual property owned by us and/or our licensors (together with the Artwork, the “Image IP”). The Image IP is neither stored nor embedded in the Digital Assets but is accessible through the Digital Assets. The Image IP therein is licensed pursuant to sub-section 14.5, and is not transferred or sold to you. The rights that you have in and to the Image IP are limited to those expressly set forth in sub-section 14.5.

14.5 We hereby grant you a non-exclusive, limited, revocable, royalty-free, worldwide right and license (with no right to sub-license) right to display and/or use the Image IP with the Digital Asset solely for personal, non-commercial use. This license to display and/or use the Image IP with the Digital Asset is automatically and always transferred with the respective Digital Asset, otherwise, the license to display and/or use the Image IP is non-transferable. Upon such transfer of the Digital Asset, the license granted to you is immediately terminated without notice, and you shall have no further rights in or to the Image IP.

14.6 The foregoing license in sub-section 14.5 shall automatically terminate if you breach this Section 14 or if you engage in any unlawful activity involving the Digital Asset. Furthermore, upon such termination of the license, we shall have the right to disable your access to the Image IP and/or deny him or her access to the Services and/or any benefits associated with the Digital Asset.

15. SUSPENSION AND TERMINATION

15.1 Acting reasonably, we may suspend, restrict or terminate your access and/or use to the Games, Digital Assets, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:

15.1.1 you breach of any of the restrictions or provisions in these Terms;

15.1.2 for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or

15.1.3 we decide to withdraw the Game(s), Digital Assets, Virtual Items and/or any other part of the Services from the market for any reason at our sole discretion, acting reasonably.

15.2 We will strive to always give you an initial warning and notice prior to terminating or deleting your access to our Games, Digital Assets, Virtual Items and/or any other Services. But if you have seriously or repeatedly breached our Terms or have been issued with previous warnings, we may move directly to terminating the contract with you under these Terms and your license to access our Games, Digital Assets, Virtual Items and/or any other part of the. Under such circumstances we will notify you by email or within the app, website or channel as appropriate subject to Section 22. Upon termination the rights and licence granted herein will be terminated and you shall cease all use of the applicable Games, Digital Assets, Virtual Items and/or any other part of the Services. If we decide to withdraw Game(s), Digital Assets, Virtual Items and/or any other part of the Services from the market, we’ll strive to notify you in advance prior to withdrawing access by email or within the app, website or channel other part of the Services as appropriate subject to Section 22.

15.3 You understand and agree that upon your request to terminate your account or our final decision to terminate your account, you will not receive any compensation or reimbursement for any Games, Digital Assets, Virtual Items and/or Services for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.

16. THIRD PARTY CONTENT

16.1 Our Services may include hyperlinks to third-party websites and services. We do not control these websites and services and are not liable or responsible for their content or for their collection, use or disclosure of your personal information.

17. DISCLAIMERS AND LIMITS ON LIABILITY

17.1 OUR SERVICES AND ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING, VIRUSES OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING IS GIVEN IN CONJUNCTION WITH OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT: (I) THE ACCURACY, TIMELINESS, ADEQUACY OR COMPLETENESS OF THE INFORMATION, SERVICES AND/OR FUNCTIONS, INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES; (II) THAT YOUR USE OF AND/OR ACCESS TO OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERRORS OR OMISSIONS OR THAT ANY IDENTIFIED DEFECT WILL BE CORRECTED; (III) THAT OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES WILL MEET YOUR REQUIREMENTS (INCLUDING REQUIREMENTS THAT OUR SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES) OR ARE FREE FROM ANY VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; AND (IV) THAT USE OF OUR SERVICES AND/OR ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES BY YOU WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

17.2 TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE RELEVANT PARTIES’ TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE) THE MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO THE SERVICES, ACTUALLY PAID BY YOU TO US FOR THE PRECEEDING TWELVE (12) MONTHS FROM THE DATE OF THE FIRST CAUSE OF ACTION ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT EACH OF THE RELEVANT PARTIES’ LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.

17.3 YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY.

17.4 YOU HEREBY RELEASE AND FOREVER DISCHARGE EACH OF THE RELEVANT PARTIES FROM, AND HEREBY WAIVE AND RELIQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS). IN CONNECTION WITH THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU HEREBY WAIVE ANY LAWS WHICH STATE GENERAL RELEASES DO NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF THE RELEASE.

18. ASSUMPTION OF RISK

18.1 Services may use emerging technologies, such as the Xter Chain. Any malfunction, flaws, breakdown or abandonment of such emerging technologies may have a material adverse effect on the Services, Virtual Items, and/or Digital Assets. Some Services are subject to increased risk through your potential misuse of technologies such as public/private key cryptography. By playing, using and accessing the Services, you explicitly acknowledge and accept these increased risks.

18.2 Please see a non-exhaustive list of some of the abovementioned risks below. Please carefully consider these risks before using any of the Services:

18.2.1 the prices of digital assets on blockchains are extremely volatile and may significantly fluctuate at any given moment for any reason, even becoming worthless. Due to these price fluctuations, you may gain or lose value in your Digital Assets at any given moment, and the fluctuations in the price of other digital assets could materially and adversely affect the value of your Digital Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Digital Assets will not lose money;

18.2.2 Digital Assets are not legal tender, they may not be backed by any physical assets and may not be backed, guaranteed, or supported by any government or centralized authority. Digital Assets may not have intrinsic value, and their circulation may be limited and restricted;

18.2.3 Digital Assets are generally considered a high-risk asset class and may or may not be considered securities under certain jurisdictions. You must therefore exercise prudent judgment when trading Digital Assets;

18.2.4 the nature of Digital Assets may be very complex, and their terms, features, and/or risks may not be readily or fully understood due to the complex structure, novelty, and reliance on technological features;

18.2.5 during your use of the Services, you may be subject to various fees that may or may not arise directly from us, including fees that arise from any action that you take on the blockchain, whether a successful transaction occurs. These fees are final and irreversible. Prior to making any transactions, you must fully understand all commissions, fees, and costs for which you may be liable. If any of these fees are not clear to you, you must request clarification of what fees will be applicable in specific monetary terms prior to using the relevant Service or entering any transactions;

18.2.6 you are solely responsible for determining what, if any, taxes apply to your transactions relating to your Digital Assets, and to withhold, collect, report and remit the correct amount of taxes to the appropriate tax authorities;

18.2.7 you represent and warrant that you have done sufficient research prior to making any transactions or otherwise interacting with any Digital Assets;

18.2.8 the current regulatory regime(s) governing blockchain technologies, non-fungible tokens, digital assets, and other crypto-based items and collectibles is uncertain and may be constantly changing. New regulations or policies may materially and adversely affect the value and utility of your Digital Assets;

18.2.9 there are risks associated with using Internet and blockchain-based products, such as Digital Assets, Virtual Items and cryptocurrencies, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You acknowledge that transactions on blockchains are susceptible to mining attacks, including double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks and any successful attacks present a risk to the Digital Assets, including proper execution and sequencing of transactions involving the Digital Assets. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the internet and/or blockchains, however caused;

18.2.10 malicious individuals or organizations may target you and attempt to steal any Digital Assets and/or Virtual Items you may hold or claim any Digital Asset and/or Virtual Item that you may have purchased. You are solely responsible for protecting yourself against such actions;

18.2.11 we do not have ownership or control of the smart contracts deployed by third parties, and we are not responsible and make no guarantees regarding their capabilities, operation, or functionality. We do not control the public blockchains that you are interact with, and we do not control certain smart contracts that are integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible, and we have no ability to reverse any transactions on the blockchain; and

18.2.12 we are not responsible for losses or casualties due to developers' or representatives' delay or failure to report any issues with any blockchain supporting Digital Assets, including without limitation, forks, technical node issues, or any other issues that result in losses of any sort.

19. HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE

19.1 If you require customer support or would like to report a complaint, a fault or abusive behaviour in violation of the rules set out in these Terms or if you have any other questions or comments in relation to our Games, Digital Assets, Virtual Items or other Services then you may contact us at [e-mail] or by raising a ticket under ‘Age of Dino Support’ in the support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1 We aim at resolving our disputes amicably and we are certain that most of your concerns can be resolved by contacting our dedicated customer service team at [e-mail] or by raising a ticket under ‘Age of Dino Support’ in the support sub-channel of the Xter.io Discord channel (https://discord.gg/xterio).

20.2 You and we shall first attempt to resolve any all disputes, claims or controversies arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you and us (“Disputes”) informally for at least 60 days before initiating arbitration or litigation, if any. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or Dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your email address, or billing address, if available and applicable. You may send your Notice of Dispute by notifying [e-mail]. Most Disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will first be provided an opportunity to escalate the matter to the relevant responsible member of our team.

20.3 Governing Law. You agree that to the maximum extent permitted by applicable laws in your country of residency, the laws of the Republic of Singapore, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and us.

20.4 Claims Covered by Arbitration. All Disputes (except as specifically excluded in the Terms), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including the validity, enforceability or scope of this Section 20 shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this Section are claims regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights.

20.5 You agree to be responsible for all your legal costs and fees incurred in relation to any Dispute between us, and 50% of any costs of arbitration. This will apply notwithstanding the outcome of the arbitration.

20.6 Binding Arbitration. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this sub-section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.

20.7 Limitations. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

20.8 For the avoidance of doubt, nothing in this section or in any other part of this Terms shall prevent us from applying (i) to any court of competent jurisdiction; and/or (ii) concurrently in more than one court of competent jurisdiction, for any injunctive or equitable relief in respect of any intellectual property rights infringements.

20.9 Notwithstanding anything to the contrary in this Terms, we have the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or injunctions as may appear reasonably necessary to preserve their rights, provided however that, after the arbitrator is appointed, the arbitrators will have sole jurisdiction to consider applications for provisional relief, and any provisional measure ordered by the arbitrators may be specifically enforced by any court of competent jurisdiction (except that the we will retain the right specified in sub section 20.8 in any event). Any such request for provisional measures submitted to the courts will not be deemed incompatible with the agreement to arbitrate or waiver of the right to arbitrate.

20.10 FOR U.S. AND CANADIAN USERS ONLY: This sub-section 20.10 applies only to users who reside in the U.S. or Canada and offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at If we cannot resolve your concern, you and us agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT YOU AND WE ARE AGREEING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.

20.10.1 Claims Covered by Arbitration. All Disputes shall be determined exclusively by binding arbitration. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in sub-section 20.10.2 (Exclusions from Arbitration). Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Services.

20.10.2 Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

20.10.3 Opt-Out Right: YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT, OR ANYONE ACTING ON YOUR BEHALF ACCEPTS, THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW (the “Opt-Out Deadline”). YOU MAY OPT-OUT OF THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION BY EMAIL TO [e-mail]. WITH THE SUBJECT LINE “Terms of Use – Opt-Out Notice.” YOUR WRITTEN NOTICE MUST INCLUDE: (1) YOUR PLAYER ID, (2) YOUR NAME, (3) YOUR ADDRESS, (4) THE EMAIL ADDRESS ASSOCIATED WITH YOUR APPLE APP STORE OR GOOGLE PLAY ACCOUNT, IF YOU HAVE ONE, AND (5) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.

In order to validly terminate the binding arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.

20.10.4 Notice of Dispute. If you have a Dispute with us, or any of our affiliates, you must send a written notice to [e-mail], with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the player ID, full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (together, the “Required Information”). If the Notice of Dispute does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be re-sent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible team member(s). You and us agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this sub-section.

20.10.5 Arbitration Procedure. If you and us cannot resolve a Dispute informally, subject to the exceptions in sub-section 20.10.2, you and us agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”), unless the AAA declines or is unable, then we will select an alternative arbitral forum.

We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your claim is for less than US$1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules respectively the AAA`s Supplementary Rules for Multiple Case Filings (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at [phone]. The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For Claims under US$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, we or any of our employees or affiliates who are based outside of the United States and who are participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.

Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.

Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your game play data and in-app purchases and communications directly about that information among you and us. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.

The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and us agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the US Federal Arbitration Act.

20.10.6 Class Action Waiver: In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS SUB-SECTION. Upon motion of one or more interested parties, and after providing all other interested parties with an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualised hearing.

If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this binding arbitration agreement will not apply to you. If you opt out of this binding arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth in sub-section 20.10.3 above.

20.10.7 Jury Waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

21. GENERAL

21.1 These Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters.

21.2 The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors and assigns.

21.3 The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms.

21.4 If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect.

21.5 We may assign or transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

21.6 A person who is not a party to these Terms shall have no rights to enforce any of its terms.

21.7 Unless explicitly provided for under these Terms, a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of its terms.

21.8 The controlling language of these Terms is the English language. If there are any conflict between translations of the English language version of these Terms and the English language version of these Terms, the English language version will control.

22. NOTIFICATIONS

22.1 We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as but not limited to important announcements, legal notice, enhancements, offers, products, events, and other promotions to the extent that you have voluntarily bound your device with the Game. After downloading our Games, you may, depending on the device you are using, be asked to accept or deny push notifications/alerts in respect of our other games, services and/or activities. If you deny, you will not receive such push notifications/alerts. If you no longer wish to receive push notifications/alerts from our Game, you may opt out by changing your notification settings on your device.

22.2 All communications and notices made or given pursuant to these Terms must be made in the English language.

23. FORCE MAJEURE

23.1 Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, disruption or unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses, and other acts of God, the change of political relationships between the countries, change of regulations in connection with games in your country of residency, etcetera. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and may continue for such time even after that event ceases to the extent necessary for us to fulfil our obligations again. For so long as such force majeure event persists, our obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months we may terminate access to the applicable Games, Digital Assets, Virtual Items or other Services immediately on service of notice to you.

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