Terms of use

Welcome to Starfish Technology Limited (referred to as"Starfish," "we," "us," or "our"). These Terms constitute a legal agreement between you and Starfish governing your use of our website, apps, games, products, and services (collectively referred to as "Services" in these Terms). Please review these Terms carefully before using our Services.

1. OVERALL TERMS

1.1 Updates to the Terms. We reserve the right to amend, change, modify, or revise these Terms at any time. We will provide notice of any significant changes on our website ("Website"), and you can determine the last revision date by referring to the "Updated" timestamp above. By continuing to participate in Competitions or use our Software or Services, you agree to accept any new or modified Terms. It is your responsibility to review the Terms periodically for updates, so please check back here regularly.

1.2 Eligibility. These Terms may only be modified through a written agreement signed by both you and Starfish. Please note that for the purposes of these Terms, "writing" excludes emails and electronic or facsimile signatures.

· United States (U.S.). To register an Account, participate in any Competition, receive Services, or download Software, you must meet the following eligibility criteria:

(a) You must be a natural person who is at least 18 years of age or older, and the email address provided during Account registration must belong to you personally. (b) You must have the legal capacity to enter into a contract with Starfish. (c) You must be physically located within the United States when accessing your Account and participating in Competitions. (d) You must be physically located within a U.S. state where participation in the selected Competition is not restricted by state laws. (e) You must consistently comply with these Terms.

If you fail to meet any of these requirements at any time, we reserve the right to suspend or close your Account with or without prior notice.

· Non-U.S. To be eligible to register an Account, participate in any Competition, receive Services, or download Software, you must meet the following criteria:

(a) You must be a natural person who is at least 18 years of age or older, and the email address provided during Account registration must belong to you personally. (b) You must have the legal capacity to enter into a contract with Starfish. (c) You must be physically located in a jurisdiction where participation in the selected Competition is permitted and unrestricted by the laws of that state or country. (d) You must consistently comply with these Terms.

If you do not meet any of these requirements at any time, we reserve the right to suspend or close your Account with or without prior notice.

1.3 Registration. When you create an Account, you will need to provide a valid email address that you control and set up a password. Following registration, you will have the option to choose a username or accept one provided by the Services. Both the password and username are necessary for accessing the Services. If you forget either your password or username, you can visit the Website or contact us via email for assistance. It's important to keep your username and password confidential because you are responsible for all activities conducted under your Account.

While we may offer a feature to "save" or "remember" your password, please use this feature cautiously as it may allow third parties to access your Account. Such usage is at your own risk. We reserve the right to reject, modify, suspend, or terminate your username at our sole discretion.

1.4 Personal Location Data: In providing our service, we gather location information from your device. If you prefer not to have this information collected, you can opt out by disabling location access for any game through the Settings menu on your mobile device.

1.5 Utilization of Collected Information: By upgrading an account and providing an email address, users grant Starfish permission to send them important announcements, relevant promotions, and other communications related to the Service, Software, and Competitions. Users will always have the option to opt out of receiving these communications at any time.

2. SERVICES AND SOFTWARE

2.1 The Services. We reserve the right, with or without prior notice to you:

(1) To modify, suspend, or terminate your access to the Website, Services, and/or Software at our discretion and without liability; (2) To temporarily interrupt the operation of the Website, Services, and/or Software as needed for maintenance, error correction, or other necessary work.

We may suspend or close the account of any user who violates these Terms, or whom we reasonably believe may violate these Terms, at any time without notice and without liability. Additionally, without limiting our other rights or remedies, if we determine that you have violated these Terms, we may decide to forfeit, disgorge, or recoup any Winnings you may have accrued.

2.2 Remote Access and Updates. At our discretion, we may offer technical support for the Software from time to time. This support may require us to remotely access the device on which the Software is installed ("Device"). Additionally, when we update the Software or deploy patches, updates, or modifications, we may do so through remote access of your Device without prior notification. By using the Software, you consent to these activities.

Please note that if we are unable to remotely access your Device, the Software may cease to function properly, which could prevent you from participating in Competitions or accessing Services. Our access to your Device is strictly limited to providing support, updating the Software, or determining your location for regulatory purposes only, and is governed by the terms outlined in our Privacy Policy.

2.3 Third Party Sites. You may be able to access third-party websites or services through the Software, Services, or Website. Please be aware that we are not responsible for third-party websites, services, or any content available through those services. You are solely responsible for any interactions or transactions with third parties, including advertisers and game developers. Your use of third-party software, websites, or services may be subject to the terms and conditions of those third parties.

3. COMPLIANCE WITH LAWS

3.1 Prohibited US States/Countries. You understand that various laws and regulations governing sweepstakes, contests, and tournaments with entry fees and/or prizes (referred to as "Gaming Laws") apply to your participation in Competitions. Gaming Laws are established by individual U.S. states, countries, territories, or jurisdictions. Therefore, the Software does not allow Cash Competitions (as defined in section 8.3) to be offered to users participating in Competitions in any state where such Competition would violate Gaming Laws ("Prohibited Jurisdiction"). If you are located in a Prohibited Jurisdiction, you are not permitted to participate in Cash Competitions.

As of the "Updated" date specified above, Prohibited Jurisdictions in the United States include: Delaware, Louisiana, Maryland, Montana, Tennessee, Colorado, Connecticut, Idaho, Illinois, Kentucky, Massachusetts, Michigan, Minnesota, Ohio, South Dakota, Texas, Washington, Alaska, New Jersey, and Mississippi. It is your responsibility to verify whether the state, country, territory, or jurisdiction where you are located is considered a Prohibited Jurisdiction.

We reserve the right (but are not obligated) to monitor the location from which you access the Services, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm your current location.

3.2 Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state, and federal laws, rules, and regulations of the city, state, and country in which you reside and from which you access and use the Services. This includes, but is not limited to, U.S. export laws (collectively referred to as "Applicable Laws"). You are solely responsible for ensuring your compliance with all Applicable Laws.

Access to Competitions may not be legal for some or all residents of, or individuals present in, certain jurisdictions. The Services and Competitions are void where prohibited or restricted by Applicable Laws. Your participation in Competitions is undertaken at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.

3.3 LEGAL DISCLAIMERS. We do not make any representations or warranties, whether express or implied, regarding the legality of your participation in any Competition offered by Starfish or your use of the Services. Additionally, no person affiliated with us, or claiming affiliation, has the authority to make any such representations or warranties.

4. YOUR REPRESENTATIONS AND WARRANTIES TO US

You represent and warrant to us that (1) you have the legal right, authority, and capacity to agree to these Terms, register for an Account, and participate in the Competitions for which you register; and (2) you will comply with these Terms when participating in Competitions, receiving Services, and/or using Software; and (3) all information you provide to us is complete, accurate, and up-to-date. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete, and accurate information, may result in immediate termination of your Account and forfeiture of any Winnings.

5. YOUR AGREEMENT TO INDEMNIFY US

You agree to indemnify and hold us, along with our directors, officers, employees, and agents, harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of any nature, and all associated costs and fees, including reasonable legal and attorney's fees. This indemnification is related to:

(i) Your violation of these Terms; (ii) Any use of your Account, the Website, the Software, and the Services by you or any other person; (iii) Your violation of Applicable Laws; and/or (iv) Your negligence or misconduct.

If we request it in writing, you agree to defend us against any of the aforementioned claims at your own cost and expense, using legal counsel that is reasonably acceptable to us.

6. PRIVACY

6.1 Privacy Policy. We value your privacy, and our commitment to protecting it is outlined in our Privacy Policy, which is incorporated into these Terms in its entirety. Our Privacy Policy explains the measures we have implemented to safeguard your privacy while you visit the Website, participate in Competitions, download and use the Software, and receive Services. By referencing our Privacy Policy, its terms are an integral part of these Terms.

We collect, store, and utilize all information you submit to the Website and provide during registration for and participation in Services in accordance with the Privacy Policy. It is important that you carefully review our Privacy Policy. Additionally, we gather anonymous aggregated and/or statistical data reflecting your usage of the Website and Services, which may be utilized for tracking, reporting, and other business-related activities, all in accordance with the Privacy Policy.

We are committed to not disclosing any personally identifying information about you (including data submitted during Account creation, your social security number, email address, phone number, passport information, cookie-derived details, and IP address) to third parties without your explicit consent, except in the following circumstances:

· As expressly specified in these Terms,

· As expressly specified in the Privacy Policy, and/or

·Where we, acting in good faith, believe such disclosure is necessary to comply with Applicable Laws, enforce these Terms against you, or help prevent loss of life, physical injury, or criminal activity.

6.2 Communications with You. As outlined in the Privacy Policy, we may utilize emails, text messages, and push notifications to inform you of Competition winnings, completed Competitions, special promotions, events, and policy updates. We may also reach out to you via email, text message, push notification, or chat for any other matters related to the Services or Software. Please be aware that we may monitor all communications sent or received by you while using the Website and Services.

If you prefer not to receive these communications from us, you can opt out by sending an email to [email protected], please note that opting out may impact your ability to participate in Competitions or receive Services.

6.3 Device Information.Utilizing the Software and Services necessitates an Internet connection to our servers, and we may need to gather specific details from you and your Internet-enabled device ("Device") to facilitate the availability of the Software and Services. This may include hardware system profile data, internet connection data, and any other relevant data related to the operation of the Service from any Device that accesses the Service using your Account. Rest assured that we will handle this information in accordance with the guidelines outlined in our Privacy Policy.

6.4 Warning. Please exercise caution when transmitting sensitive information to us, as third parties may unlawfully intercept or access transmissions or private communications between you and us. It is important to recognize that internet transmissions are never entirely private or secure. For your safety, refrain from disclosing sensitive personal information in public forums, message boards, or chat features.

6.5 Promotional Activities. By registering for an Account, you grant us permission to publicly display your username and tournament records, and to utilize this information for any purpose. Additionally, by using the Services, you authorize us to print, publish, broadcast, and use, globally and in any media format and at any time, your name, picture, voice, likeness, and/or any biographical information that you provide to us ("Biographical Information") for promotional, marketing, or related business purposes, without compensating you. However, we will never sell your Biographical Information without your prior written consent, and our utilization of your personally identifiable information is always governed by our Privacy Policy.

6.6 Gameplay Dialogue. We may utilize third-party websites and technologies to record or stream gameplay or chat dialogue that occurs through the Services, including your own dialogue ("Recordings"). These Recordings are used to ensure compliance with these Terms and are also employed as part of the marketing and promotion of the Services.

Please refrain from sharing personally identifiable information in gameplay dialogue, as this information is visible to and can be used by anyone.

You have the option to record and distribute your own recordings of gameplay dialogue for non-commercial purposes (i.e., you may not record or distribute Recordings for compensation). However, your recording and distribution must meet the following criteria:

(a) Your recordings and distribution must not include other products or services that are competitive with the Services. (b) Your recordings and distribution must comply with these Terms.

6.7 Children.
The Services are designed to restrict access to individuals under 18 years old, and we do not knowingly accept personal information from anyone under this age. If you suspect that a child under 18 has accessed the Services, please contact us immediately at [email protected].

We have implemented commercially reasonable measures to limit the use of our Services to individuals who are at least 18 years old. Additionally, we do not sell products or services intended for purchase by minors.

7. ACCEPTABLE USE POLICY

7.1 Rules of Conduct. You are accountable for your actions while using our Services and Software, and it's important to conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us and our developer partners, in our sole discretion. We reserve the right to disable a player’s ability to upload profile photos or edit their username at any time.

· Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.

· You are prohibited from using or uploading content that includes obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening, or harassing language of any kind, as determined by us in our sole discretion.

· Service usernames will be displayed as ‘Your Name’; impersonating other players is not allowed.

· Do not share personal information (your name, phone number, home address, and password) with other users.

· Do not transmit or upload any copyrighted or trademarked materials in messages or postings.

· Information disclosed in chat rooms, message boards, gameplay dialogue or via eMessages is revealed to the public, and we don’t responsible for information you choose to disclose to others.

· Advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages.

· You may not commit fraud with regard to any Service.

· You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).

You are not permitted to use any information provided on the Website or through the Services for commercial purposes, nor may you use the Website or Services to benefit a business or engage in commercial activities.

7.2 Cheating, Fraud, and Abuse. When accessing or using the Services or Software, you agree not to engage in any activity that disrupts or attempts to disrupt the operation of the Services or Software. You acknowledge and agree that any behavior considered, at our sole discretion, as unfair methods of participating in the Services or using the Software will result in immediate sanctions. This includes, but is not limited to, actions such as:

· Opening or using multiple accounts (e.g., you may not have more than one registered account with the same personal information such as name, email address, phone number, mobile device, or payment method).

· Using unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, or collusion with bots).

· Intentionally poor play in certain games to gain a competitive advantage.

· Collusion with other players (e.g., intentionally losing rematches in Cash Competitions).

· Deliberate transfer of money between accounts (e.g., "money laundering").

· Harassment of other participants.

· Posting objectionable material.

· Breach of these Terms.

· Breach of the security of your Account.

· Any other act that unfairly alters your chance of winning or constitutes fraud (collectively, "Abuse").

Consequences for engaging in Abuse may include, without limitation:

· Immediate termination of your Account and blocking of your access to the Website and Services.

· Voiding and forfeiture of any Winnings that you may otherwise have been entitled to receive.

· Disgorgement and/or recoupment of any Winnings received by you.

· A fine of up to $1,000 for engaging in unfair methods.

Additionally, we reserve the right to disclose or report any money laundering or similar illegal activity to law enforcement and regulatory authorities. We may also seek injunctive relief, civil, and/or criminal proceedings against you or any co-conspirators involved in Abuse, including recovering all fees and expenses (including reasonable attorneys' fees) associated with such efforts.

7.3 Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to systems or any other user’s account, interfere with procedures or performance of Services, Software or the Website or deliberately damage or undermine the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your Account.

7.4 Restrictions. Any unauthorized use, reproduction, or redistribution of the Service, Software, or related products or services (including Digital Assets) not explicitly permitted by these Terms is strictly prohibited. You are prohibited from engaging in or assisting others in conduct that could damage or impair our property, including: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use Services such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Websites or Services; (d) interfering with any other party’s use and enjoyment of Services and/or Software (including cheating) or the Website; and/or (e) attempting to gain unauthorized access to third party accounts, the Service or Software.

8. GOVERNING JURISDICTION

By accessing or using this website, you agree that the laws of the United States, the United Kingdom, Australia, and Canada will exclusively govern these Terms and Conditions, regardless of conflict of laws principles. Any legal actions or proceedings related to or arising out of your use of the website will be brought exclusively in the courts located in the respective countries listed below.

· United States:Any disputes or claims arising from or related to the use of this website shall be subject to the jurisdiction of the state and federal courts located in the state of Nevada, USA.

· United Kingdom:Any disputes or claims arising from or related to the use of this website shall be subject to the jurisdiction of the courts of England and Wales.

· Australia:Any disputes or claims arising from or related to the use of this website shall be subject to the jurisdiction of the courts of your state in Australia.

· Canada:Any disputes or claims arising from or related to the use of this website shall be subject to the jurisdiction of the courts of your state in Canada.

The laws of these respective jurisdictions will govern the interpretation and enforcement of these Terms and Conditions.

9. Disclosures

9.1 Compliance with Local Laws. Our website is accessible globally, and we are committed to complying with the applicable laws and regulations in each country where our services are offered. However, it is your responsibility to ensure that your use of our website complies with local laws in your jurisdiction.

9.2 International Users. By using our website, you acknowledge and agree that your personal data may be transferred to, stored, and processed in the United States, the United Kingdom, Australia, and Canada, where our servers are located and our central database is operated. Each of these countries has different data protection laws, and by using our website, you consent to the transfer of your personal data to these countries.

10. WINNINGS, ACCOUNT FUNDS, AND PAYMENTS

10.1 Fees. The charges, payments, and billing procedures associated with participation in Competitions ("Fees") are outlined in the billing application. By using the Services, you agree to pay any applicable Fees charged to your Account. All Fees are denoted in U.S. Dollars, must be paid in advance, and are non-refundable. You are solely responsible and accountable for all charges, deposits, and withdrawals made using your Account, including any unauthorized transactions. The cost of Services is subject to change at any time; however, prior purchases will not be affected by price adjustments.

10.2 Billing. We reserve the right to modify Fees and billing procedures by updating the billing application, with or without prior notice to you. By providing a payment method, you (i) affirm that you are authorized to use the provided payment method and that all payment information provided is accurate; (ii) authorize us to charge your payment method for the Services; and (iii) authorize us to charge you for any paid features of the Services that you choose to subscribe to. We may bill you (a) in advance, (b) at the time of purchase, or (c) shortly after purchase, at our sole discretion.

If you detect an error on your bill, you must notify us within 120 days of the error's appearance for a prompt investigation. After 120 days, we (i) will not be liable for losses resulting from the error and (ii) will not be required to correct the error or provide a refund. Any identified billing errors will be rectified within 90 days. You are responsible for covering all reasonable costs incurred by us in collecting past due amounts, including but not limited to reasonable attorneys' fees and other legal expenses.

10.3 Cash Deposits. If you participate in games integrated into a Competition without depositing U.S. Dollars into your Account, you will be classified as a "Non-Cash Player" for that Competition. However, if you enter a Competition that requires a fee paid in U.S. Dollars ("Cash Competition"), you will be considered a "Cash Player." As a Cash Player with a positive Account balance for Cash Competition entry fees, you must provide and maintain accurate and up-to-date information, including your full name, permanent residential address, phone number, and credit card or other payment details.

Participating in Cash Competitions may involve maintaining a positive Account balance in an amount determined by us. By submitting this information, you consent to us sharing your personal and payment details confidentially with third-party service providers for identity verification and transaction risk assessment related to accepting your chosen payment method, and for other purposes outlined in our Privacy Policy.

Upon withdrawing funds from your account, you may need to provide your social security number or other identifying information. Failure to provide this requested information at the time of withdrawal may result in the inability to process your winnings withdrawal.

10.4 Bonus Funds. If you are a Cash Player, you may receive bonus funds and/or credits ("Bonus Funds"). Bonus Funds can be utilized solely for entering Cash Competitions and cannot be withdrawn or applied to other Services. However, if Bonus Funds are the only currency available in your account, they will be used for entering Cash Competitions.

When you win a Cash Competition where you used Bonus Funds for the entry fee, the Bonus Funds used will be returned to you, and any additional winnings beyond the entry fee will be paid in U.S. Dollars. Upon initiating a withdrawal of funds from your Account, all current Bonus Funds will be forfeited.

If you do not enter a Cash Competition within a continuous 60-day period, all Bonus Funds in your account will be forfeited.

10.5 Withdrawals. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time. Digital Assets and Bonus Funds cannot be withdrawn. Processing of requested funds is made by check or by refund to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws.

10.6 Closing Accounts; Forfeiture of Funds. If you close your Account, funds in your Account will be returned subject to the terms of Section 8.5. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or Sections 2.1, 4, 7.3, 7.4 or 8.9 hereof, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated these funds.

10.7 Refund Policy. Except where legally mandated, refunds will not be issued

10.8 Winnings. If you are entitled to receive Winnings, we may request proof that you were eligible to participate in the relevant Competition according to these Terms, either at the time of participation or subsequently. Failure to provide satisfactory proof, as determined by us or our developer partners, may result in non-payment of the Winnings in question. In the event of an erroneous payment, we reserve the right to reverse or recover the payment, and you agree to assist us in this process. Additionally, we may adjust subsequent payments to offset any prior overpayments without prior notification.

10.9 Credit Card/PayPal Use. When you pay for any charges by credit card, you represent to us that you are the authorized user of such a credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.

11. TERM AND TERMINATION

These Terms remain in effect for you and for us from the date you accept them as provided above until the termination of your Account (whether due to deactivation, cancellation, closure, expiration, or termination by you or us). You have the option to terminate these Terms at any time and for any reason by visiting your Account web page and following the account closure process.

Upon termination of your Account, you must immediately cease using the Services and Software and promptly uninstall and delete all copies of the Software. All licenses and rights granted to you under these Terms automatically terminate upon Account termination, and you forfeit the right to use Digital Assets. Your obligation to pay accrued Fees will survive the termination of these Terms.

Any terms and conditions within these Terms that should naturally survive termination will remain in effect after termination, including but not limited to Sections 3.3, 4, 5, 6, 8.6, 8.7, 8.9, 8.10, and 12 through 15.

12. DISCLAIMERS

We strive to maintain the availability of our Services; however, like all online platforms, occasional disruptions and outages may occur, and we cannot be held responsible or liable for any disruptions or losses you may experience as a result. It is recommended that you regularly back up any content stored on the Services.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION, AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING DIGITAL ASSETS AND SOFTWARE) ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISKS ASSOCIATED WITH THEIR USE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE, OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THEY WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.

We are not liable for any damages, losses, or injuries resulting from, related to, or arising out of (1) use, access, or attempted use or access of the Services, Digital Assets, Software, or Website; (2) downloading any information from the Software, Services, or Website; and/or (3) violations of these Terms by other users. We are under no obligation to enforce these terms for the benefit of any user.

Please note that certain states may not permit the complete disclaimer of implied warranties; therefore, the above disclaimer may not apply to you in its entirety.

13. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS, OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY.

Please note that certain jurisdictions may not allow limitations of liability for incidental, consequential, or certain other types of damages; therefore, the limitations and exclusions set forth in this Section may not apply to you.

14. MISCELLANEOUS

These Terms constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. These Terms cannot be modified by you and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms, or to exercise any right under them, shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys’ fees, and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. You consent to our providing you notifications about the Services or information required by law via email to the address you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account. These Terms are solely for your and our benefit and not for the benefit of any other person, except for our successors and assigns.

A printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Please send any questions or comments (including all inquiries unrelated to copyright infringement) by email to: [email protected].