Effective: April 15, 2024
This agreement (the “Agreement” or the “Terms”) describes the terms on which Easy Games. (“Easy Games,” “us,” “our,” and “we”) offers you access to our interactive entertainment products and services located on or through our Service (defined below).
By using our Websites or accessing the Service (as defined below), you (“your,” and “User”) accept and agree to be legally bound and abide by these Terms, Additional Terms (defined below), ourPrivacy Policy, and other related policies which are hereby incorporated into these Terms.
These Terms contain a binding, individual arbitration and class-action waiver provision. If you accept these Terms or use the Service, you agree to resolve disputes in binding, individual arbitration and to give up the right to go to court individually or as part of a class action. You should read section14 for more details about your dispute rights, including your right to opt out of mandatory arbitration.
If you do not agree to these Terms, you may not access or use the Service.
Access to all features, applications, content, and downloads offered by us, including our Airship platform, Airship Content (as defined below), online environments supporting the Service (the “Servers”), software provided to you by Easy Games and/or our suppliers (the “Software”), and all domain and subdomains (the “Websites”)(collectively, the “Service”) may require the use of your personal computer, console, or mobile, or other wireless or internet-enabled device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Service.
The Service exists only as long as and in the form that we may provide the Service, and all aspects of the Service, including any works of authorship, audio, creative works, graphics, images, logos, photos, text, textures, video and other interactive features created by us and/or licensed from a third party and provided to you by Easy Games, (the “Airship Content”) or uploaded, published, or submitted through the Service by an end User like you (“User Content” collectively with the Airship Content, the “Content”) are subject to change or elimination. We may amend any of these Terms, Additional Terms or Related Policies (as defined below), or change any aspect, feature, or functionality of the Service (including your User Content) at any time without notice. Easy Games makes no commitment, express or implied, to maintain, continue, or permit open access to, any aspect of the Service.
A. Age requirements for the Service.
To enter into this Agreement, you must be an adult of legal age of majority in your country of residence. The Service is not available to persons under the age of thirteen (13). If you are under the legal age of majority in your country of residence (for instance, in the United States, under eighteen (18) years old), your parent or legal guardian must consent to these Terms on your behalf and supervise your use of the Service.
B. Restricted Persons.
As a condition to accessing or using the Services, you promise that you have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Website to conduct any illegal or illicit activity. (“Restricted Persons”).
C. Other eligibility requirements for use of the Service.
The Service is not available to any Users previously removed from the Service by Easy Games.
Further, the Service is not available to any persons barred from receiving them under the laws of the United States (for instance, its export and re-export restrictions and regulations) or applicable laws in any jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS IF YOU ARE BETWEEN THIRTEEN (13) AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED OR PROHIBITED FROM RECEIVING THE SERVICE, AND THAT YOU ARE NOT A RESTRICTED PERSON.
A. You must establish an Account to use the Service, using true and accurate information.
Except for certain Software or portions of the Websites which Easy Games allows users to access without registration, you must provide us with certain information (such as an email address and password) to register an account (each, an “Account”).
Our practices governing any resulting collection and use of your personal information or personal data are disclosed in ourPrivacy Policy. By accepting these terms, you are promising to us that the information you have provided to us is true, accurate, current, and complete and that you will keep it current at all times.
B. You are responsible for any activity on and the confidentiality of your Account(s).
You are legally and financially responsible for all actions using or accessing our Services, including the actions of anyone whom you allow to access your Account. You are solely responsible for maintaining the confidentiality of your Account and password, for restricting access to your computer, and for all other activities that occur (whether you authorize such activity or not) under your Account (except to the extent that such activity occurs because someone gains access to our system without using your identifiers or password). At no time should you respond to an online request for a password other than in connection with the log-in process to the Service. Your disclosure of your password to any other person is at your own risk. You will immediately notify us of the unauthorized use of your Account, Wallet (defined below), password, username, or any other breach of security related to the Service. If you lose access to your Account for any reason, Easy Games may, but is not required to, attempt to restore access to your Account by verifying your registration data. In the event that you are unable to provide such registration data, Easy Games reserves the right to suspend your Account(s).
C. Only authorized representatives of an entity may create an Account.
When opening or using an Account on behalf of a company, entity, or other organization, you represent and warrant that you: (i) are an authorized representative of that organization with the authority to bind it to these Terms and to grant the licenses set forth herein; and (ii) agree to these Terms on behalf of such organization.
D. Easy Games reserves certain rights with respect to your Account(s).
Unless expressly permitted in writing by Easy Games, you may not sell, rent, lease, share, or provide access to your Account to anyone else, including without limitation anyone for access to administrative rights on your Account. Easy Games reserves all available legal rights and remedies to prevent unauthorized use of the Service, including but not limited to technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
A. Easy Games owns Intellectual Property Rights in the Service and the Easy Games Marks.
Easy Games owns all copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law (“Intellectual Property Rights”) in and to the Service, including but not limited to the Content, Software, Servers, and Websites related thereto, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “Easy Games Marks”). You acknowledge and agree that Easy Games and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to the User Content.
You understand and agree that without a written license agreement with Easy Games, we do not authorize you to make any use of the Easy Games Marks, including but not limited to “Easy Games” or “Airship”.
Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, and in and to the Easy Games Marks, are reserved by Easy Games. Copyright, trademark, and other laws of the United States and foreign countries protect the Service and the Easy Games Marks.
B. Easy Games grants you certain licenses to access and use the Service under these Terms.
Unless otherwise expressly stated in writing by Easy Games, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Service for your personal or internal business use solely as permitted through the normal functionality of the Service (the “Airship Content License”). To be clear, you may not use, reproduce, distribute, prepare derivative works of, display or perform any Airship Content, whether modified by you or not, outside the virtual environment of the Service except as expressly agreed upon in a written agreement by Easy Games or through any Additional Terms or other written policy of Easy Games. You acknowledge that when you receive a Airship Content License you do not acquire ownership of any copies of the Content, or transfer of any copyright or other Intellectual Property Rights in the Content. This Airship Content License is expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in compliance with these Terms.
Easy Games reserves the right, but is not obligated, to use technological measures designed to prohibit the copying, transfer, or distribution of Airship Content outside the Service when we in good faith believe that such copying, transfer, or distribution would or might violate the Intellectual Property Rights of our Users, Easy Games, or third parties.
You may not charge any third party for using the Software, the Service or any related materials thereto, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation), decompile, or attempt to discover the source code of the Software, or create any derivative works of the Software, or otherwise use the Software except as expressly provided in this Agreement.
C. You retain certain existing rights in, and have responsibility for your User Content.
You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or Easy Games in Content that you may use or modify.
Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in your User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
You are solely responsible for your User Content and the consequences of posting or publishing it on the Websites. In connection with Content that you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you (a) own and have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Easy Games and Users of the Service to use the User Content in the manner contemplated by the Service and these Terms; (b) the User Content does not and, as to Easy Games’s permitted uses and exploitation set forth in this Agreement, will not infringe, violate, or misappropriate any Intellectual Property Right or other right of any third party; and (c) the User Content will not violate this Agreement or any Additional Terms, or cause injury or harm to any person.
Your copy and use of Content is at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that Easy Games will have no liability for, and you agree to defend, indemnify, and hold Easy Games harmless for, any claims, losses, or damages arising out of or in connection with your use, reproduction, distribution, modification, display or performance of any Content.
Because the law may or may not recognize certain Intellectual Property Rights in any particular Content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting and enforcing any Intellectual Property Rights that you hold, and that Easy Games cannot do so on your behalf.
Easy Games has no obligation to monitor or enforce your Intellectual Property Rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at our cost and expense) to which you hereby consent and irrevocably appoint Easy Games as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest.
F. You may unpublish your User Content and terminate any related licenses, with limitations.
With respect to any User Content you have submitted, uploaded, or displayed through the Service, the licenses granted by you hereunder will terminate once you unpublish such User Content from the Service, except (a) to the extent you shared it as part of the Service; (b) Easy Games has already used it for promotional purposes prior to deletion. In such circumstances, the licenses granted by you above shall terminate, but only in relation to the particular piece of User Content that you have unpublished from the Service. You acknowledge that this termination will not apply to any other copies or instances of the same User Content that you have not specifically unpublished from the Service, including without limitation those that may be displayed elsewhere through the Service and those that may be in the Account inventories of other Users to whom you transferred copies of the User Content. You acknowledge that the Media License granted to Easy Games and other Users with respect to your User Content will survive any such termination and that your User Content may continue to remain on our Servers even after you unpublish your User Content.
Easy Games uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Easy Games does not guarantee that unauthorized copying, use, or distribution of User Content by third parties will not occur. To the furthest extent permitted by applicable law, you hereby agree that Easy Games shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Easy Games for such unauthorized copying or usage of such User Content, under any theory.THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY Easy Games HEREIN ARE PROVIDED “AS IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO BREACHES, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
A. You agree to comport yourself while using the Service.
You agree not to violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Service.
You agree that you will comply with these Terms and will not:
(i) create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
(ii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of other Users without permission, forge another User’s digital signature, misrepresent the source, identity, or content of information transmitted by the Service, or perform any other similar fraudulent activity;
(iii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to Users of the Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
(iv) harvest or collect the email addresses or other contact information of other Users of the Service;
(v) defame, harass, abuse, threaten, or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
(vi) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessibility through the Service, features that enforce limitations on the use of the Service or User Content, or delete the copyright or other proprietary rights notices on the Service or User Content;
(vii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
(viii) modify, adapt, translate, or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted under these Terms and by applicable law notwithstanding this limitation;
(ix) interfere with or damage operation of the Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(x) relay email from a third-party’s mail servers without that party’s permission;
(xi) access any website, server, software application, or other computer resource owned, used and/or licensed by Easy Games, including but not limited to the Service, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Easy Games may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed by Easy Games, including but not limited to the Service;
(xii) manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(xiii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
(xiv) use or attempt to use another User’s account without authorization from that User and Easy Games;
(xv) attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Service that you are not authorized to access;
(xvi) attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
(xvii) use the Service for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation, laws governing intellectual property, anti-money laundering and anti-terrorist financing regulations, and other proprietary rights, data protection and privacy.
B. Easy Games is a service provider and is not responsible for other parties’ conduct.
You understand that Easy Games is a service provider that enables its Users to interact online and display and communicate information and Content chosen by those Users. You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content, and services of other Users, and that Easy Games does not control and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such User conduct, User Content, or user services. You acknowledge that Easy Games does not guarantee the accuracy of information submitted by any User of the Service, nor any identity information about any User. Easy Games does not control or endorse any User Content, opinion, recommendation, or advice expressed therein, and Easy Games expressly disclaims any and all liability in connection with User Content. Your interactions with other Users and your use of User Content are entirely at your own risk. Easy Games has no obligation to become involved in any dispute that you may have or claim to have with one or more Users of the Service, or in any manner in any resolution thereof.
Easy Games takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Easy Games liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Service. Your use of the Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
To the fullest extent permitted by applicable law, Easy Games reserves the right to remove, screen, or edit any User Content posted or stored on the Service at any time and without notice, including where such User Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, suspension or termination of your rights to use the Service.
A. You or we may terminate your Account(s) at any time.
You or we may terminate your Account(s) at any time. You may terminate this Agreement byclosing your Account(s) at any time for any reason. Easy Games may suspend or terminate your Account at any time for any reason. In such an event, Easy Games shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse, or refund.
B. We may terminate your Account(s) for violation of this Agreement.
We may suspend or terminate your Account(s) if you violate this Agreement, as determined in our sole discretion. Upon termination of your Account(s), this Agreement between us will be automatically terminated and you may not re-subscribe or return to the Service through other or future Accounts you may create.
C. We may terminate your Account(s) to protect the Service or community interests.
We may terminate your Account(s) to protect the interests of the Service or its community or if we believe that you pose an unacceptable risk to the community. We may terminate your Account if we determine, in our sole discretion, that such action is necessary or advisable to comply with legal requirements or to protect the rights or interests of Easy Games, the Service, its community, or any third party.
D. We may terminate your Account(s) on suspension or discontinuation of the Service.
We may terminate your Account(s) if we elect to generally suspend or discontinue the Service, in whole or in part, for any reason. In such an event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that Easy Games will have no liability to you in connection with such suspension or termination.
E. On termination, you will lose access to your Account and the Service.
Upon termination of your Account(s), you will no longer be able to access your Account(s) or access (or transfer or direct the transfer to any other Account) any Content or data that you have stored on our Servers. All licenses granted by Easy Games to use the Service, including any related feature or functionality therein, will automatically terminate. You acknowledge that you have elected to procure any premium account or paid features of the Service notwithstanding the possibility of termination of such license rights under the circumstances set forth in this Agreement.
Upon termination, you will remain liable for any unpaid amounts owed by you to Easy Games.
You acknowledge and understand that you could permanently lose access to any Content you upload or store on the Servers. You acknowledge and assume the risk of the possibility of termination of your Account(s) as provided in this Agreement, and you represent that you will make your decisions to participate in the Service, contribute Content, spend your money, and dispose of transferable licenses at all times knowingly based upon these risks.
F. Some sections of this Agreement will continue after Account suspension or termination.
The provisions of this Agreement and any Additional Terms which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Easy Games in this Agreement, as well as to the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Easy Games respects the intellectual property rights of others and follows the requirements set forth in the Digital Millennium Copyright Act (DMCA) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Service infringes your Intellectual Property Rights, please review ourIntellectual Property Infringement Notification Policy for further information on our policy, what to include in and where to submit your notice.
Your privacy is important to us. OurPrivacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the Service you consent to the collection and use of your information in accordance with our Privacy Policy. Please review our Privacy Policy, which describes our use and disclosure of information we collect on our Websites and in our Services.
Please remember that the Service is a public forum and User Content that you submit will be accessible to and viewable by other Users. Except as may be required to register and/or maintain your Account, do not submit personally identifiable information (for example, first/last name, password, contact information, payment card information, etc…) on the Service.
Except as otherwise described in our Privacy Policy or any Additional Terms we provide to you, you agree that (i) your User Content will be treated as non-confidential and non-proprietary and will not be returned (except as required by applicable law or in our sole discretion), and (ii) Easy Games does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon our request, you will furnish us with any documentation necessary to substantiate these rights and to verify your compliance with this Agreement or any Additional Terms.
If you object to your information being used or disclosed as described therein, please do not use the Service.
A. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Easy Games; (II) Easy Games, AND ITS AFFILIATES, LICENSORS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, AND SUBCONTRACTORS (THE “Easy Games PARTIES”) DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW OR HAVE REASON TO KNOW OF ANY SUCH PURPOSE), SYSTEM INTEGRATION, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND LACK OF VIRUSES, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING; (III) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Easy Games PARTIES MAKE NO WARRANTY THAT THE SERVICE AND RELATED MATERIALS (1) WILL OPERATE PROPERLY, (2) WILL MEET YOUR REQUIREMENTS, OR (3) WILL OPERATE IN AN UNINTERRUPTED, BUG FREE, OR ERROR FREE MANNER. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED BY THE Easy Games PARTIES. THE Easy Games PARTIES DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, OR SECURE OPERATION OF OR ACCESS TO THE SERVICE(S) AND RELATED MATERIALS. YOU SHOULD USE INDUSTRY-RECOGNIZED SECURITY SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Easy Games OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
B. Liability Limits
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Easy Games PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR RELATED MATERIALS, OR OTHERWISE IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN NETWORK OUTAGE OR CONGESTION, HARD FORKS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE Easy Games PARTIES BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR RELATED MATERIALS, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICE OR RELATED MATERIALS, EVEN IN THE EVENT OF THEIR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Easy Games, ITS LICENSORS, AND ITS AND THEIR AFFILIATES, AND THEIR SERVICE PROVIDERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
C. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT Easy Games HAS OFFERED THE SERVICE, USER CONTENT, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Easy Games, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Easy Games. Easy Games WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
D. Indemnification
You agree to indemnify, defend, and hold the Easy Games Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, (collectively, “Claims”) arising out of your use or misuse of the Services, any User Content that you post, store or otherwise transmit in or through the Service(s), your violation of the rights of any third party, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.
Easy Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Easy Games, and you agree to cooperate with Easy Games’s defense of these Claims. Easy Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
PLEASE READ THE FOLLOWING PROVISION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Easy Games AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Easy Games.
To the fullest extent permitted by applicable law (but excluding those identified below), you and Easy Games agree to arbitrate any dispute arising from these Terms or your use of the Service, except that you and Easy Games are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
ARBITRATION OPT-OUT: You may opt out of resolving disputes by arbitration by writing to us at Easy Games, Attention: Legal, 3430 Carmel Mountain Road, Suite 100, San Diego, CA 92121 within thirty (30) days of first accepting these Terms and telling us you would like to opt out of mandatory arbitration. You must include your first and last name in the letter.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Easy Games agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Easy Games should be sent to: Easy Games, Attention: Legal, 3430 Carmel Mountain Road, Suite 100, San Diego, CA 92121.
You and Easy Games further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in San Diego County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (www.JAMSADR.COM); and that the state or federal courts in San Diego County, California have exclusive jurisdiction over any appeals or an arbitration award or over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Easy Games will not commence against the other party a class action, class arbitration or other representative action or proceeding.
If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:
Any disputes, claims, or causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of the jurisdiction of your residence.
Any disputes, claims, or causes of action arising out of or in connection with these Terms shall be resolved by competent civil courts within your jurisdiction of residence.
Claims
YOU AND Easy Games AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE(S) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.
A. Waiver
If we fail to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
B. Severability
If any provision of these Terms or any Additional Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
C. Assignment
These Terms and any Additional Terms or Related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Easy Games without restriction. Any assignment attempted to be made in violation of this provision shall be void.
D. Survival
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5, 12, and 13.
E. Entire Agreement
The Terms, together with our Privacy Policy, Code of Conduct, any Additional Terms and Related Policies, are the entire agreement between you and Easy Games relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms made by Easy Games as set forth herein.