Terms of Use

cosmic foundry & cthulhu awakens terms of use last updated april 14, 2023 welcome! please read carefully before playing any of our games these terms and conditions (the "terms") are a legal contract between “you” and cosmic foundry, inc ("company" "we", "our" "us") the terms explain how you are permitted to use the websites located at the url(s) www cthulhuawakens io http //www cthulhuawakens io/ as well as all associated sites linked by company, its subsidiaries and affiliated companies (collectively, the "site") unless otherwise specificed, all references to “site” include the materials, content, services available through this site (the "service"), any software that company provides to you for download in your mobile devices (each a "mobile application" or “application”), and any of our games (the “games”) by playing any of our games; by accessing, downloading, or using this mobile application in any way, including using the service and resources available or enabled via the application and the site; by accessing the games through third party platforms, including social networking sites; by clicking on the “i accept” button, or by completing the registration process, you represent that you have read, understand, and agree to be bound by these terms1 if you do not agree to be bound by these terms, you may not access or use this mobile application or the site or the service if you are a resident of the united states of america, these terms include a class action waiver and a waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes privacy in using the site, you may be required to provide company with certain personally identifiable information, retention and use of which are subject to our privacy policy available at www cthulhuawakens io http //www cthulhuawakens io which is incorporated herein by reference if you access our service through third party platforms, any information provided by you and used by our service is also subject to, where applicable, the privacy regulations set forth in such third party platforms please refer to our access through third party platforms section for more information general use you represent and warrant that you are lawfully able to enter into contracts (or, if you are a minor, you have your parent's permission to use the site, and your parent has read and agrees to this agreement on your behalf) if you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these terms and to fully indemnify and hold harmless company if the minor breaches any of these terms if you are not at least 13 years old, you may not use the site at any time or in any manner orsubmit any information to company or the site if you are entering into this agreement on behalf of a business entity, you represent and warrant that you have the legal authority and capacity to bind such business entity if you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these terms changes company may make changes to the content and service offered on the site at any time and/or we may choose to suspend or discontinue the site (or any feature thereof) at any time and without notifying you company can change, update, or add or remove provisions of these terms, at any time by posting the updated terms on this site and by notifying you either through a banner on the site or, depending on your account status, via email at company’s sole discretion you can find archived versions of prior versions of the terms here by using this site after company has updated the terms, you are agreeing to all the updated terms; if you do not agree with any of the updated terms, you must stop using the site also, please know that these terms may be superseded by expressly designated legal notices or terms located on particular features or pages of the site these expressly designated legal notices or terms are incorporated into these terms and supersede the provision(s) of these terms that are designated as being superseded you understand and agree that the application and service are evolving as such, company may require that you download and install updates to the service, at any time, without notice or liability to you you also understand and agree that any such changes or updates to the application might change the system specifications necessary to use the application, and in such a case, you, and not company, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the application you acknowledge that when an upgrade is available, previous versions of the application may cease to be available or no longer be supported by company use of the service 1\ grant of a limited license to use the service and application(s) 1 1 license the application, the service, the site and the information, materials and content available therein (collectively, the “company properties”) are protected by copyright laws throughout the world subject to your agreement, and continuing compliance with these terms, and any other relevant company policies, company grants you a personal, non exclusive, non transferable, non sublicensable, revocable limited license subject to the limitations below to download, install and use a copy of the application on a single mobile device or computer that you own or control and/or to access the company properties for use in your computer and to run such copy of the application solely for your own individual, non commercial, entertainment purposes only you agree not to use the service for any other purpose you may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit any company property in whole or in part without our prior written authorization furthermore, with respect to any application accessed through or downloaded from the apple app store (an “app store sourced application”), you will only use the app stored sourced application (i) on an apple branded products that runs the ios (apple’s proprietary operating system), and (ii) as permitted by the “usage rules” set forth in the apple app store terms of service http //www apple com/legal/internet services/itunes/us/terms html you may not sell, copy, exchange, transfer, assign or otherwise distribute anything you copy or buy from the application, unless you are expressly permitted by company 1 2 necessary equipment the service may require an internet connection to access internet based features, authenticate the service, or perform other functions you acknowledge that you may be charged by your service provider, and shall be responsible for any such charges, for internet access 1 3 accounts and guests (a) visitors and guests if you are visitor, you will be able to view the site and may use certain of the services on the site that are available without registration you need not register with company to simply visit and view the site and the public information on the site or to download certain of the applications you will also have the option to play games as a guest in the application or site if that is your preference (b) account registration in order to access certain features of the company properties you may be required to become a registered user for purposes of the terms, a “registered user” is a user of the company properties (“user”) who has registered an account on the site or application (“account”) or has a valid account on the social networking service through which the user has connected to the service (each such account, a “third party account”)] 2 (c) access through third party platforms if you access the service through a social networking service (“sns”) or other third party service (each a “third party platform”) as part of the functionality of the application and/or the service, you may link your account with third party accounts, by allowing company to access your third party account, as is permitted under the applicable terms and conditions that govern your use of each third party account you represent that you are entitled to disclose your third party account login information to company and/or grant company access to your third party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating company to pay any fees or making company subject to any usage limitations imposed by such third party service providers by granting company access to any third party accounts, you understand that company may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the company properties (“content”) that you have provided to and stored in your third party account (“sns content”) so that it is available on and through the company properties via your account unless otherwise specified in the terms, all sns content shall be considered to be your content (as defined in section 3 1(a) below) for all purposes of the terms depending on the third party accounts you choose and subject to the privacy settings that you have set in such third party accounts, personally identifiable information that you post to your third party accounts may be available on and through your account on the company properties please note that if a third party account or associated service becomes unavailable or company’s access to such third party account is terminated by the third party service provider, then sns content will no longer be available on and through the company properties you have the ability to disable the connection between your account and your third party accounts at any time by accessing the “settings” section of the application please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers, and company disclaims any liability for personally identifiable information that may be provided to it by such third party service providers in violation of the privacy settings that you have set in such third party accounts company makes no effort to review any sns content for any purpose, including but not limited to, for accuracy, legality or non infringement, and company is not responsible for any sns content (d) registration data in registering for the service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (the “registration data”); and (ii) maintain and promptly update the registration data to keep it true, accurate, current and complete you represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the company properties under the laws of the united states of america, your place of residence or any other applicable jurisdiction you are responsible for all activities that occur under your account you agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the company properties by minors you may not share your account or password with anyone, and you agree to (a) notify company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your account at the end of each session if you provide any information that is untrue, inaccurate, not current or incomplete, or company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, company has the right to suspend or terminate your account and refuse any and all current or future use of the company properties (or any portion thereof) you agree not to create an account using a false identity or information, or on behalf of someone other than yourself you agree that you shall not have more than one account per platform or sns at any given time company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights you agree not to create an account or use the company properties if you have been previously removed by company, or if you have been previously banned from any of the company properties 2\ rules of conduct any use of the service in violation of these limitations set out in this section is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these terms or the service itself company reserves the right to take action as a result, which may include terminating your account and prohibiting you from using the service such actionable violations are set forth in the following rules (“rules of conduct”) where you agree that you will not , under any circumstances (a) engage in any act that company deems to be in conflict with the spirit or intent of the company properties or make improper use of company’s support services; (b) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software, code or other device designed to modify or interfere with the company properties, any company game or any company game experience or, without company’s express written consent, modify or cause to be modified any files that are a part of the service or any company game; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“server”) used to offer or support the service or any other company game environment; (d) institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the company properties, or other attempts to disrupt the service or any other person’s use or enjoyment of the service; (e) attempt to gain unauthorized access to the company properties, accounts registered to other users, or to the computers, servers, or networks connected to the service by any means other than the user interface provided by company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the company properties; (f) post any content or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive, a violation of the rights of any third party; or contains nudity, excessive violence, offensive subject matter, links to such content or links to content not created by company (g) attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, company employees; (h) make available through the company properties any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including, but not limited to, company employees; (i) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the company properties or any company game, or to obtain any information from the company properties or any company game using any method not expressly permitted by company, except to the extent that such activities may not be prohibited by law, and in such circumstances provided that the information you obtain during such activities is i only used for the purpose of achieving the inter operability of the company properties with another software program; ii not disclosed or communicated to any third party without company’s prior written consent; and iii not used to create any software that is the same or similar to the company properties (j) solicit or attempt to solicit personal information from other users of the company properties or any company game or collect or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image or video form), identification documents, or financial information through the service; (k) use the company properties in any way that could be considered illegal or immoral, which in some jurisdictions (including the united states of america) would include gambling or wagering; (l) breach any technology control or export laws and regulations that apply to the technology used or supported by the company properties; (m) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (n) use the company properties for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation; or (o) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the company properties (including your account), or access to or use of the company properties (p) create an account or use the service if you are a convicted sex offender (q) use the site or service in any manner that violates any applicable laws or regulations or is prohibited by these terms; (r) use features of the site or service for anything other than their intended purpose 3\ user generated content 3 1 no obligation to pre screen user content (a) types of content you acknowledge that all content, is the sole responsibility of the party from whom such content originated this means that you, and not company, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available (“make available”) through the company properties (“your content”), and that you and other users of the company properties, and not company, are similarly responsible for all content they make available through the company properties (“user content”) accordingly, company assumes no responsibility for the conduct of any user content (b) no obligation to pre screen content you acknowledge that company has no obligation to pre screen content (including, but not limited to, user content), although company reserves the right in its sole discretion to pre screen, refuse or remove any content by entering into these terms, you hereby provide your irrevocable consent to such monitoring you acknowledge and agree that you have no expectation of privacy concerning the transmission of your content, including without limitation chat, text, or voice communications in the event that company pre screens, refuses or removes any content, you acknowledge that company will do so for company’s benefit, not yours without limiting the foregoing, company shall have the right to remove any content that violates the terms or is otherwise objectionable (c) disclaimer about content by using the service and/or site, you acknowledge and accept that you may be exposed to material you find offensive or objectionable you agree that company will not under any circumstances be liable for any content, including, but not limited to, errors in any content, or any loss or damage incurred by use of the content 3 2 public forums; your content (a) public discourse the company properties may include various forums, blogs and chat features (“forums”) where you can post content, including, but not limited to, your observations and comments on designated topics company cannot guarantee that other users will not use the ideas and information that you share therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the company properties company shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit when you disclose information or rely on any information in the forums, you do so at your own risk company reserves the right to, but has no obligation to, monitor the forums, or any postings or other materials that you or other users transmit or post on the forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the service properly or to comply with legal obligations or governmental requests furthermore, you acknowledge that a large volume of information is available in these forums and that people participating in such forums may occasionally post message or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful company neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the forums by you or the other users the opinions expressed in the forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of company company is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the forums under no circumstances will company be liable for any loss or damage caused by your reliance on the information in the forums or your use of the forums (b) your content i license to your content you hereby grant to company an irrevocable, perpetual, transferable, non exclusive, royalty free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your content as well as all modified and derivative works of your content in connection with our provision of the company properties, including marketing and promotions of the company properties ii waiver of moral rights except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your content, regardless of whether your content is altered or changed in any manner iii ownership of your content company does not claim any ownership rights in your content and nothing in these terms is intended to restrict any rights that you may have to use and exploit your content company has no obligation to monitor or enforce your intellectual property rights in or to your content iv ownership of other content except with respect to your content, you agree that you have no right or title in or to any content that appears on or in the company properties, including, but not limited to, the virtual goods or currency appearing or originating in any company game, whether earned in a game or purchased from company, or any other attributes associated with an account or stored on or in the company properties company prohibits and does not recognize any purported transfers of virtual property effectuated outside the company properties, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the company properties accordingly, you may not trade, sell, or attempt to sell in game items or currency for “real” money, or exchange those items or currency for value of any kind outside the game any such transfer or attempted transfer is prohibited and void, and will subject your account to termination (c) user interactions i interactions with other users you are solely responsible for your interactions with other users of the company properties and any other parties with whom you interact through the company properties company reserves the right, but has no obligation, to become involved in any way with these disputes you will fully cooperate with company to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting company access to any password protected portions of your account ii release if you have a dispute with one or more users, you release company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes if you are a california resident, you waive california civil code §1542, which says a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor fees 1\ purchases (a) virtual currency & virtual items in the service, you may purchase, with “real world” money, a license to use (i) “virtual currency,” including, but not limited to, virtual coins, cash, tokens or points, all for use in company games (“virtual currency”); (ii) “virtual in game goods” (together with virtual currency, “virtual items”); and (iii) other goods or services (“merchandise”) all purchases made through the services are non refundable company prohibits and does not recognize any purported transfers of virtual property effectuated outside of the service, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the service accordingly, you may not trade, sell or attempt to sell in game items or currency for “real” money, or exchange those items or currency for value of any kind outside of a game any such transfer or attempted transfer is prohibited and void, and will subject your account to termination other than the limited, revocable, non transferable license to use virtual items in the games, you have no right in or title to such virtual items (b) not legal tender virtual currency does not expire there are no dormancy or other fees applicable to virtual currency virtual currency may only be redeemed toward the purchase of virtual items or merchandise company may, in its sole discretion, permit users to redeem virtual currency balances for its cash value, or replace it with new virtual currency at no cost to the user virtual currency is not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash (except as described above) or applied to any other account, except to the extent described herein, or as required by applicable law virtual items and merchandise can never be redeemed for real money, goods, or any other item of monetary value from company or any other party you understand that you have no right or title in virtual items or merchandise all purchases made through the service are final and non refundable 2\ payment of fees 3 you agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you company may revise the pricing for the goods and services offered through the service at any time company may also provide links to other websites or third party services, some which may charge separate fees, which are not included in any fees that you may pay to company any separate charges or obligations that you incur in your dealings with third parties are your responsibility you acknowledge that company is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary in the event that your account is terminated or suspended for any reason, in company’s sole and absolute discretion, or if company discontinues its games, you forfeit any and all virtual items company has the absolute right to manage, regulate, control, modify, and/or eliminate virtual items as it sees fit in its sole discretion, and company shall have no liability to you or anyone for the exercise of such rights intellectual property except with respect to your content and user content, you agree that company and its suppliers own all rights, title and interest in the company properties (including but not limited to, any games, titles, computer code, themes, objects, virtual items, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in game chat transcripts, character profile information, recordings of games played using a company game client, the company game clients, server software, and underlying technology) you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application, the service, or the company properties company’s name, and other related graphics, logos, service marks and trade names used on or in connection with the company properties or in connection with the services are the trademarks of company and may not be used without permission or in connection with any third party products or services other trademarks, service marks and trade names that may appear on or in the company properties are the property of their respective owners we and our suppliers (including other users) reserve all rights not granted in these terms there are no implied licenses intellectual property infringement company respects the intellectual property rights of others, and we ask you to do the same company may, in appropriate circumstances and at our discretion, terminate service and/or access to this site for users who infringe the intellectual property rights of others if you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our site, please provide company’s designated agent the following information · a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed · identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site · identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the site, and information reasonably sufficient to permit company to locate the material · information reasonably sufficient to permit company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted · a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law · a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed company’s agent for notice of claims of copyright or trademark infringement on this site can be reached as follows contact\@cosmicfoundry io please also note that for copyright infringements under section 512(f) of the copyright act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability submitting a dmca counter notification we will notify you that we have removed or disabled access to copyright protected material that you provided, if such removal is pursuant to a valid dmca take down notice that we have received if you receive such notice from us, you may provide us with a counter notification in writing to company’s designated agent that includes all of the following information 1\ your physical or electronic signature; 2\ identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3\ a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4\ your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the united states, for any judicial district in which company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person termination of repeat infringers company reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated dmca or other infringement notifications indemnification you agree to indemnify and hold company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “company parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your content; (b) your use of, or inability to use, the company properties; (c) your violation of the terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with company in asserting any available defenses you agree that the provisions in this section will survive any termination of your account, the terms or your access to the company properties disclaimers generally the service is provided on an “as is” and “as available” basis for your domestic and private use, without warranties of any kind, and to the fullest extent permitted by law, company (its officers, directors, employees, agents and suppliers) disclaim all warranties express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title, non infringement, and those arising from course of dealing or usage of trade company does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error free; that defects will be corrected; or that the application, the games or the service are free of viruses or other harmful components disclaimer of other users you are solely responsible for all of your communications and interactions with other users of the company properties you understand that company does not make any attempt to verify the statements of users of the company properties limitation of liability exclusion nothing in these terms shall affect your legal rights as a consumer or exclude or limit any liability for death or personal injury arising from any negligence of company, fraud or fraudlent misrepresentation or any other liability which cannot be legally excluded or limited types of damages company shall not be liable to you for any indirect, incidental, consequential, special, punitive, remote or other similar damages, including, but not limited to, loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms or the service itself, whether based on contract, tort or any other legal theory, and whether or not company has been advised of the possibility of such damages cap on damages subject to the exclusions expressly set forth in this section, in all events, company shall not be liable to you for more than the amount you have paid to company in accordance with these terms in the six (6) months immediately preceding the date on which you first assert a claim you acknowledge and agree that if you have not paid anything to company during such time period, your sole remedy (and company’s exclusive liability) for any dispute with company is to stop using the service and to cancel your account user content company assumes no responsibility for the timeliness, deletion, mis delivery or failure to store any content (including, but not limited to, your content and user content), user communications or personalization settings basis of the bargain the limitations of damages set forth above are fundamental elements of the basis of the bargain between company and you some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages accordingly, some of the disclaimers and limitations included in these terms may not apply to you to the extent that company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these terms, the scope of such warranty, and the extent of company’s liability, shall be the minimum permitted under such applicable law arbitration agreement; class waiver; waiver of jury trial please read this carefully it affects your rights this section applies to resident consumers in the united states of america applicability of arbitration agreement all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the terms or the use of any product or service provided by company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement this arbitration agreement applies to you and company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the terms notice requirement and informal dispute resolution before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“notice”) describing the nature and basis of the claim or dispute, and the requested relief a notice to company should be sent to 1735 wharf road, suite a, capitola, ca 95010 after the notice is received, you and company may attempt to resolve the claim or dispute informally if you and company do not resolve the claim or dispute within thirty (30) days after the notice is received, either party may begin an arbitration proceeding the amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled arbitration rules arbitration shall be initiated through the jams, an established alternative dispute resolution provider (“adr provider”) that offers arbitration as set forth in this section if jams is not available to arbitrate, the parties shall agree to select an alternative adr provider the rules of the adr provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the terms the jams rules governing the arbitration are available online at www jamsadr org or by calling the jams at 1 800 352 5267 the arbitration shall be conducted by a single, neutral arbitrator any claims or disputes where the total amount of the award sought is less than ten thousand u s dollars (us $10,000 00)may be resolved through binding non appearance based arbitration, at the option of the party seeking relief for claims or disputes where the total amount of the award sought is ten thousand u s dollars (us $10,000 00) or more, the right to a hearing will be determined by the arbitration rules any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the united states of america, and unless the parties agree otherwise any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction if you initiate an arbitration in which you seek less than $500 in damages and comply with the terms, including the notice requirement, company shall reimburse you for your jams filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500 if the arbitrator grants you an award, company will reimburse your attorneys’ fees additional rules for non appearance based arbitration if non appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties time limits if you or company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i e , the legal deadline for filing a claim) and within any deadline imposed under the jams rules for the pertinent claim authority of arbitrator if arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties the arbitrator shall have the authority to grant motions dispositive of all or part of any claim the arbitrator shall have the authority to award monetary damages and to grant any non monetary remedy or relief available to an individual under applicable law, the jams rules, and the terms the arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded the arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have the award of the arbitrator is final and binding upon you and company waiver of jury trial the parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court in the event any litigation should arise between you and company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge waiver of class or consolidated actions all claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user confidentiality all aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential the parties agree to maintain confidentiality unless otherwise required by law this paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief severability if any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the agreement shall continue in full force and effect right to waive any or all of the rights and limitations set forth in this agreement may be waived by the party against whom the claim is asserted such waiver shall not waive or effect any other portion of this agreement survival of agreement this arbitration agreement will survive the termination of your relationship with company small claims court notwithstanding the foregoing, either you or company may bring an individual action in small claims court emergency equitable relief notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration a request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement courts in any circumstances where the foregoing agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within \[santa clara county, california], for such purpose term and termination term the terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the company properties, unless terminated earlier in accordance with the terms termination if you want to terminate the services provided by company, you may do so by (a) notifying company at any time and (b) closing your account for all of the services that you use your notice should be sent, in writing, to company’s address set forth below we reserve the right to terminate or suspend your account or access to any or all of the games at any time and for any reason it is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these terms in the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it as stated above, you will not be entitled to a refund of any virtual items acquired or developed during your use of the games, service or application effect of termination termination of any service includes removal of access to such service and barring of further use of the service termination of all services also includes deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), including your content upon termination of any service, your right to use such service will automatically terminate immediately you understand that any termination of services may involve deletion of your content associated therewith from our live databases company will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content all provisions of the terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability those provisions that by their nature are intended to survive termination or expiration of this agreement shall so survive, including without limitation disclaimers, indemnity obligations and limitations of liability remedies violations if company becomes aware of any possible violations by you of the terms, company reserves the right to investigate such violations if, as a result of the investigation, company believes that criminal activity has occurred, company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the company properties, including your content, in company’s possession in connection with your use of the company properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the terms, (3) respond to any claims that your content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of company, its users or the public, and all enforcement or other government officials, as company in its sole discretion believes to be necessary or appropriate breach in the event that company determines, in its sole discretion, that you have breached any portion of the terms, or have otherwise demonstrated conduct inappropriate for the company properties, company reserves the right to · warn you via e mail (to any e mail address you have provided to company) that you have violated the terms; · delete any of your content provided by you or your agent(s) to the company properties; · discontinue your registration(s) with the any of the company properties, including any services or any company community; · notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or · pursue any other action which company deems to be appropriate no subsequent registration if your registration(s) with or ability to access the company properties, or any other company community is discontinued by company due to your violation of any portion of the terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re register with or access the company properties or any company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those company properties to which your access has been terminated in the event that you violate the immediately preceding sentence, company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you electronic communications the communications between you and company use electronic means, whether you visit the company properties or send company e mails, or whether company posts notices on the company properties or communicates with you via e mail for contractual purposes, you (1) consent to receive communications from company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing the foregoing does not affect your statutory rights where company requires that you provide an e mail address, you are responsible for providing company with your most current e mail address in the event that the last e mail address you provided to company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the terms, company’s dispatch of the e mail containing such notice will nonetheless constitute effective notice general provisions these terms and any dispute arising out of or related to it or privacy policy \<hyperlink>or the service shall be governed in all respects by the laws of california , without giving effect to any principles that provide for the application of the law of another jurisdiction company may assign or delegate these terms and/or the privacy policy \<hyperlink>, in whole or in part, to any person or entity at any time with or without your consent you may not assign or delegate any rights or obligations under these terms or privacy policy without company’s prior written consent, and any unauthorized assignment and delegation by you is ineffective company may publish additional policies related to specific services such as forums, contests or loyalty programs (“supplemental policies”) your right to use such services is subject to those supplemental policies and these terms these terms, any supplemental policies and any documents expressly incorporated by reference herein (including the privacy policy \<hyperlink>), contain the entire understanding of you and company, and supersede all prior understandings of the parties relating to the subject matter of these terms, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and company with respect to the service, provided however, the these terms may be amended by company in accordance with the changes section our failure to exercise or enforce any right or provision in these terms shall not operate as a waiver of such right or provision if any provision of the terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the terms and shall not affect the validity and enforceability of any remaining provisions you agree that no joint venture, partnership, employment, or agency relationship exists between you and company as a result of these terms or your use of the service company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of company, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond company’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials you may not use, export, import, or transfer the company properties except as authorized by u s law, the laws of the jurisdiction in which you obtained the company properties, and any other applicable laws in particular, but without limitation, the company properties may not be exported or re exported (a) into any united states embargoed countries, or (b) to anyone on the u s treasury department’s list of specially designated nationals or the u s department of commerce’s denied person’s list or entity list by using the company properties, you represent and warrant that (i) you are not located in a country that is subject to a u s government embargo, or that has been designated by the u s government as a “terrorist supporting” country and (ii) you are not listed on any u s government list of prohibited or restricted parties you also will not use the company properties for any purpose prohibited by u s law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons you acknowledge and agree that products, services or technology provided by company are subject to the export control laws and regulations of the united states you shall comply with these laws and regulations and shall not, without prior u s government authorization, export, re export, or transfer the company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations consumer complaints in accordance with california civil code §1789 3, you may report complaints to the complaint assistance unit of the division of consumer services of the california department of consumer affairs by contacting them in writing at 400 r street, sacramento, ca 95814, or by telephone at (800) 952 5210 additional terms related to the mobile applications app stores you acknowledge and agree that the availability of the application and the service is dependent on the third party from whom you received the application license, e g , the apple app store or google play (“app store”) you acknowledge that the terms are between you and company and not with the app store company, not the app store, is solely responsible for company properties, including the application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e g , product liability, legal compliance or intellectual property infringement) in order to use the application, you must have access to a wireless network, and you agree to pay all fees associated with such access you also agree to pay all fees (if any) charged by the app store in connection with company properties, including the application you agree to comply with, and your license to use the application is conditioned upon your compliance with, all applicable third party terms of agreement (e g , the app store’s terms and policies) when using company properties, including the application you acknowledge that the app store (and its subsidiaries) are third party beneficiaries of the terms and will have the right to enforce them additional license terms for use of the service in conjunction with the apple app store the following applies to any app store sourced application accessed through or downloaded from the apple app store · you acknowledge and agree that (i) the terms are concluded between you and company only, and not apple, and (ii) company, not apple, is solely responsible for the app store sourced application and content thereof your use of the app store sourced application must comply with the app store terms of service · you acknowledge that apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app store sourced application · in the event of any failure of the app store sourced application to conform to any applicable warranty, you may notify apple, and apple will refund the purchase price for the app store sourced application to you and to the maximum extent permitted by applicable law, apple will have no other warranty obligation whatsoever with respect to the app store sourced application as between company and apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of company · you and company acknowledge that, as between company and apple, apple is not responsible for addressing any claims you have or any claims of any third party relating to the app store sourced application or your possession and use of the app store sourced application, including, but not limited to (i) product liability claims; (ii) any claim that the app store sourced application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation · you and company acknowledge that, in the event of any third party claim that the app store sourced application or your possession and use of that app store sourced application infringes that third party’s intellectual property rights, as between company and apple, company, not apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the terms · you and company acknowledge and agree that apple, and apple’s subsidiaries, are third party beneficiaries of the terms as related to your license of the app store sourced application, and that, upon your acceptance of the terms and conditions of the terms, apple will have the right (and will be deemed to have accepted the right) to enforce the terms as related to your license of the app store sourced application against you as a third party beneficiary thereof · without limiting any other terms of the terms, you must comply with all applicable third party terms of agreement when using the app store sourced application additional license terms for use of the service in conjunction with the android app store the following additional terms and conditions apply with respect to any mobile application that company provides to you designed for use on an android powered mobile device (an “android app”) · you acknowledge that these terms are between you and company only, and not with google, inc (“google”) · your use of company’s android app must comply with google’s then current android market terms of service https //www google com/mobile/android/market tos html · google is only a provider of the android market where you obtained the android app company, and not google, are solely responsible for company’s android app and the services and content available thereon google has no obligation or liability to you with respect to company’s android app or these terms · you acknowledge and agree that google is a third party beneficiary to the terms as they relate to company’s android app notices and contact information notices you may give legal notices to company at the following address 1735 wharf road, suite a, capitola, ca 95010 such notice shall be deemed given when received by company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address questions, complaints, claims if you have any questions, complaints or claims with respect to the company properties or these terms, please contact us at we will do our best to address your concerns if you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation © 2023 cosmic foundry, inc