Privacy Policy

Last Revised on May 2, 2023

Welcome to the Terms of Service (these “Terms”) for the website https://kompete.game (the “Website”), the KOMPETE game (the “Game”), the website https://modernizemarketing.com, and all other applications, content, smart contracts, tools, features, and functionality offered on or through our Website and the Game (collectively with the Website and the Game, the “Services”), in each case operated by or on behalf of Modernize Marketing LLC (“Company,” “we,” or “us”).

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you,” “your” and “User(s)” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration (unless expressly provided otherwise in Section 9), which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services.

1. SERVICES; WALLETS; ACCOUNTS
  1. Description of the Services. The Services offer a unique sports simulation gaming experience via the Game and other related experiences through the combination of full character customization, multiple game modes, and the integration of virtual currency (“Voolah”) used to purchase in-game cosmetics and assets, as provided under Section 1.c. below. You may access the Game wherever the Company makes it available, including but not limited to a Private Launcher or any third-party platforms such as the Epic Games Store, Steam, iOS App Store, Google Play Store, Xbox and Playstation. You are solely responsible for complying with the terms of use and end user license agreement of any third-party platform or provider.
  2. Account. Your unique account created by you (“Account”) gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s Account without permission. When creating your Account, you must provide accurate and complete profile information, and you just keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any losses caused by any unauthorized use of your Account. By providing us with your email address, phone number, or other contact information, you consent to our using such information to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Site and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting support at legal@modernizegames.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving service-related notices. You acknowledge that you do not own the Account you use to access our Site. Notwithstanding anything in these Terms to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case and that we have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration, or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, Account history and Account content residing on our servers, may be deleted, altered, moved or transferred at any time for any reason in our discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on our servers. By connecting to our Site with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
  3. Game Assets. The Services provide a marketplace (the “KOMPETE Game Shops”) for you to purchase Game assets, such as vehicles, weapon wraps, basketballs, clothes, accessories, character emotes (dances), and other assets (“Game Assets”). You may also receive Game Assets by playing the Game and earning Game experience points (“Game XP”) for certain matches played. Game Assets may be rewarded upon achieving milestone levels of Game XP. Your purchase of certain in-Game passes will also unlock your availability to earn additional Game Assets with your Game XP. Game Assets can be used in the Services in various ways that we make available, such as to represent in-Game assets that you can use while you play the Game. We make no promises or guarantees regarding the functionality, utility, or value of any Game Assets, and such Game Assets may evolve and change as we update and modify the Game and the Services.
  4. Purchases. The Services provides two methods for Users to make purchases of Game Assets:
    1. Fiat-based Purchases. Voolah is the official virtual currency of the Game and can be used to acquire Game Assets. Company may make Voolah available for purchase through the Services, the Website or through third-party providers (i.e. Xsolla). Voolah does not have any value in real currency, which means they are not a substitute for real currency and does not earn interest. Only those over the age of 18 may purchase Voolah or engage in other real-money transactions through the Services. When you purchase Voolah, you receive a limited, non-refundable, non-transferable (except as specifically set out in these Terms), revocable license to use Voolah only for your personal entertainment in connection with the Services. Your license to use Voolah will end when these Terms or your Account terminates, or in any other way outlined in these Terms. We may put limits on Voolah (e.g. how much a User can acquire) or do things that change the perceived value of Voolah (e.g. lowering the cost to buy them) at any time. Except for the limited licenses granted in these Terms, Company has and retains all rights in Voolah. This includes the right to modify, revoke, or terminates a User’s license to use Voolah without notice, payment, or liability to User. Company does not make any guarantees regarding Voolah, their availability, quality or value.
    2. Token Purchases. The KOMPETE Token serves as the Ethereum-based native currency for the web3 based secondary marketplace and can be to purchase non-fungible token Game Assets (“NFT Game Assets”). KOMPETE Tokens are available for purchase on the Website, and may be made available for purchase and trade on centralized exchanges, such as Binance or Kucoin. Users must use a third-party cryptocurrency wallet, such as MetaMask, to hold and store KOMPETE Tokens and NFT Game Assets. Your use of any third-party services will be subject to the policies, terms of use, and fees of the third-parties. You acknowledge and agree that the Company is not liable or responsible in any way for any damages or losses incurred by any person in connection with your purchase of KOMPETE Tokens and NFT Game Assets. You acknowledge and understand that KOMPETE Tokens and Game Assets may not have or retain any value, use, or purpose outside of the Game. Further details on the Game and KOMPETE Tokens are set forth in the whitepaper, currently availableat https://modernize-games.gitbook.io/kompete-token-whitepaper/, as we may update from time to time.
  5. NFT Game Assets. Your purchase of Game Assets through the Website or the KOMPETE Game Shop (as described below) with KOMPETE Tokens or Ethereum will be accompanied by non-fungible tokens (“NFTs”), and will be delivered as NFTs into your integrated cryptocurrency wallet. Your ownership of these NFT Game Assets are tracked via the Ethereum blockchain. Your ownership of these NFT Game Assets will give you certain rights and privileges to use the NFT Game Assets within the Services, for as long as we make the Services and such rights and privileges available to you. Your ownership of an NFT Game Asset grants you the right to use, display and sell the NFT Game Asset within the Services, and does notconvey to you any other rights, including any underlying intellectual property rights in the NFT Game Assets, including but not limited to any copyright, design patent, trademark rights, and the rights to create any derivative works, other than the rights expressly granted in Section 4(d) herein. You are responsible for all payments, fees, and costs when engaging in any transactions involving NFT Game Assets, including, without limitation, the purchase price, transaction fees, fees associated with your secondary or subsequent sales of the NFT Game Assets, and all other fees associated with your use of the NFT Game Assets via the Services.
  6. KOMPETE Marketplace. We provide the KOMPETE Game Shop for users to purchase and sell Game Assets (including NFT Game Assets) and other Services-related offerings (collectively, “Offerings”) to you directly from us. The KOMPETE Game Shop is accessible through the Website and the Game. In addition, users may access a peer-to-peer marketplace using the KOMPETE Token through the KOMPETE Bazaar, which is accessible through the Website only. The KOMPETE Game Shop and KOMPETE Bazaar shall hereinafter be collectively referred to as the “Marketplace.” The Marketplace will also facilitate peer-to-peer sales conducted via decentralized or third-party exchanges or protocols whereby buyers and sellers can buy, sell, and trade Game Assets with each other. We may charge a transaction fee on all peer-to-peer sales that occur via the Marketplace (which may be calculated as a percentage of the overall sale price of the Game Assets). We may offer ways to receive a discount on such transaction fees. The scope of, and pre-requisitions for receiving any, such discount offers are subject to change by us in our sole discretion at any time. To facilitate transactions via the Marketplace, we have integrated with one or more third-party exchanges and services. We do not own or control these third-party or decentralized services, including but not limited to services such as Opensea, LooksRare, Blur or the Ethereum blockchain. We do not control the transfer of cryptocurrency using these third-party services or decentralized protocols, and we do not have the ability to cancel or reverse certain transactions via the Marketplace. Except as may otherwise be provided in these Terms, we do not control or endorse purchases or sales of Game Assets, including NFT Game Assets or other Offerings outside of the Services, including the Marketplace. With respect to Game Assets that are not sold directly by us, we are not a party to any agreement entered into between an end user buyer and a seller on the Marketplace. Other than with respect to items sold directly by us, we have no control over the conduct of buyers, sellers, and any other users of the Marketplace. We accept no liability for any aspect of the buyer and seller peer-to-peer interaction on the Marketplace.
  7. Conversion to NFT Game Assets. Users using Voolah to purchase Game Assets receive a web2 version of the Game Assets. Users may, at Users’ discretion, convert the web2 version of the Game Assets into NFT Game Assets through a Company provided conversion process, otherwise known as KLAIM (“KLAIM”). Game assets that are converted into NFT Game Assets through KLAIM may not be reversed and cannot be converted back to the web2 version of the Game Assets.
  8. Transaction. If you wish to purchase Voolah, KOMPETE Tokens, or make any other purchases offered through our Services or any other authorized third-party provider (the “Transaction”), you are required to pay the applicable fees. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. You agree to provide current, complete, and accurate purchase and Account information for all Transactions. You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction and that the associated information entered is accurate. By submitting such information, you grant to us the right to process Transactions, or to provide such information to third-parties for purposes of facilitating Transactions. Company may use Xsolla (“Xsolla”) as a third-party provider for payment solutions. Xsolla is an authorized global distributor for KOMPETE of in-game items, keys, and Voolah, but shall not be responsible for the distribution, tracking or recording of any NFT Game Assets. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. Your right to use the Service is subject to any expenditure limits established by Company or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access and purchase. If a charge is declined or reversed by the credit card issuer or network, you agree to pay Company a service charge and to reimburse Company for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions.
  9. Wallet. To make purchases offered on the Web3 Game, you need to link to the Services via a non-custodial digital wallet made available by a third party and that is compatible with the Ethereum network and the Services (a “Digital Wallet”). A list of supported wallets will be displayed by us, such as on the Services website. Linking a Digital Wallet to the Services is required to be able to purchase, store, and engage in transactions using the Services, and to connect your NFT Game Assets and KOMPETE tokens with the Services. Assets stored in your Digital Wallet are owned and controlled solely by you. Digital Wallets are not associated with, maintained by, controlled by, or affiliated with us. We may not be able to help you recover assets stored in your Digital Wallet, as these are non-custodial wallets in your control. We accept no responsibility or liability to you in connection with your use of a Digital Wallet and make no representations or warranties regarding how the Services will operate with any specific Digital Wallet. The private keys, credentials, passwords, seed phrases, or secret recovery passphrases necessary to decrypt or gain access to a Digital Wallet are held solely by you, and not by us. If you choose to transfer items from one Digital Wallet to another, such transfers will occur on the public blockchain and we accept no liability or responsibility for any such transfer, including for any loss, data corruption, or other negative impact that may occur to your Offerings or Digital Wallets or other assets when attempting to transfer assets between Digital Wallets. We reserve the right, with or without prior notice and in our sole and complete discretion, to discontinue, modify, or limit the operation of any Digital Wallet with the Services. You represent and warrant that you are the lawful owner of any Digital Wallet and that you are using that Digital Wallet under the terms and conditions of the applicable provider of the Digital Wallet. If you have any issues with your Digital Wallet, please contact your Digital Wallet provider.
  10. Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold, or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
  11. Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings sold by us, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offerings prices to the Services. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offerings descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time.
  12. Purchases Made for Consumptive Use. You acknowledge and affirm that you are acquiring Offerings, whether through the Marketplace or otherwise through the Services, for purposes of use in connection with the Services and, in the case of the Game Assets, including NFT Game Assets, to play the Game or for other collectible purposes, and in each case not for any investment or speculative purposes. Any economic benefit that may be derived from appreciation in the value of an Offering or NFT Game Asset is incidental to obtaining it for its use in connection with the Services or its collectible purpose.
  13. ALL SALES FINAL. ALL PURCHASES MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE, INCLUDING PURCHASED GAME ASSETS SUBSEQUENTLY CONVERTED INTO NFT GAME ASSETS, EXCEPT AS REQUIRED BY APPLICABLE LAW OR REGULATION (AND IN SUCH INSTANCES WHERE REQUIRED BY APPLICABLE LAW, THE COMPANY’S ABILITY TO ISSUE ANY SUCH REFUND IS LIMITED TO WHETHER THE APPLICABLE SMART CONTRACT ENABLES THE COMPANY TO REASONABLY REVERSE OR CANCEL A TRANSACTION). NEVERTHELESS, YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT IN MOST CASES HAVE THE ABILITY TO REVERSE OR CANCEL A TRANSACTION AND IS NOT REQUIRED OR OBLIGATED TO PROVIDE A REFUND OF ANY PURCHASE FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR TIME, ITEMS, AMOUNTS, OR VALUES IN A GAME ACCOUNT (INCLUDING ANY UNUSED OR PARTIAL USED MEMBERSHIP TIME), EVEN IF AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
2. PRIVACY POLICY AND OTHER TERMS
  1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://KOMPETE.game/privacy.
  2. Other Terms. In connection with your use of the Services, you also agree to abide by the following other Services-related policies:
3. ELIGIBILITY; RIGHTS WE GRANT YOU; USAGE LIMITATIONS
  1. Eligibility. You must be 13 years of age or older to use the Services. Additional aspects of the Services may have further age restrictions that will be presented to you in connection with those Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian or other holder of parental authority accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. You cannot use the Services if (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you’re on any similar list promulgated by an official agency or department of the United States government. Further, if you use the Services, you may not transfer or provide to us any currency, digital assets, or other items that have been derived from any illegal or unlawful activity. By using the Services, you represent and warrant that you meet these all requirements.
  2. License Grant.
    1. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the software provided to you as part of the Services (and, to the extent we offer you any software for download as part of the Services, to download, install, and execute a single copy of such software onto the equipment or device specified by us). This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms, and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Company, in its sole discretion, may elect to take.
    2. When you purchase a Game Asset, you own the item as a user of the Game, or the Game NFT as a token on the blockchain, but you do not own any intellectual property rights in the Services-related content and/or content derived from the Services (“Content”) associated with such NFT except for the license grants expressly set forth herein. If you purchase or otherwise lawfully acquire a Game Asset, then subject to your compliance with these Terms, the Company hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Content that is specifically associated with such purchased Game Asset, and solely for the following purposes: (a) for your own non-commercial and not-for-profit use within or related to the Services and not otherwise in conflict with these Terms or any other Services-related policies (e.g., not to create and sell merchandise related to such Content); (b) as part of the Marketplace and any other marketplace that permits the purchase and sale of your Game Assets, provided that the marketplace digitally or cryptographically verifies that only the actual owner can display the Content in connection with their sale of their Game Asset; or (c) as part of a third-party website or application that permits the display, inclusion, involvement, or participation of your Game Asset, provided that the website/application digitally or cryptographically verifies the ownership of the Game Asset to ensure that only the actual owner can display the Content, and provided that the Content is no longer visible once the owner of the Game Asset leaves the website/application. This license only lasts as long as you are the valid owner and holder of the Game Asset associated with the licensed Content. If you sell or transfer the Game Asset to another person, this license will transfer to such other owner or holder of the Game Asset, and you will no longer have the benefits of such license. All rights not expressly granted are reserved.
  3. Restrictions On Your Use of the Services. You may not do, or assist others in doing, any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
    1. download, modify, copy, distribute, transmit, translate, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or other materials or information contained on, or obtained from or through, the Services, provided, however, that such activities are permitted strictly for non-commercial and not-for-profit uses;
    2. duplicate, decompile, reverse engineer, disassemble, decode or derive source code from the Services (including any underlying idea or algorithm), or attempt to do any of the same, except if we have permitted you to do so (such as under an open source license we have granted);
    3. use, offer, promote, advertise, make available, and/or distribute the following or assist therein:
      1. cheats (e.g., methods, not expressly authorized by the Company to influence and/or facilitate the gameplay in an unfair manner, including exploits of any in-Game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods),
      2. automation software (bots) (i.e., any code and/or software, not expressly authorized by the Company, that allows the automated control of a Game or any other feature of the Services, e.g., the automated control of a character in a Game),
      3. hacks (i.e., accessing or modifying the software of the Services in any manner not expressly authorized by the Company),
      4. modifications (mods) not expressly authorized by the Company, or
      5. any other code and/or software, not expressly authorized by the Company, including third-party software, that can be used in connection with the Services and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
    4. engage in any manipulative activity that violates the integrity of the prices of assets on the Marketplace, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading;
    5. access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software, or routine that causes the same;
    6. attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
    7. circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
    8. use any unauthorized robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same, provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
    9. exploit a design flaw, undocumented problem, or program bug in the Services, including but not limited to creating, using, or transacting with any in-Game item created or copied by such exploit;
    10. host, provide, or develop matchmaking services for the Game(s), or intercept, emulate, or redirect the communication protocols used by the Company in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by the Company), or as part of content aggregation networks;
    11. facilitate, create, or maintain any unauthorized connection to the Services including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (ii) any connection using third-party programs or tools not expressly authorized by the Company;
    12. allow another party/person/entity access to your account information or game session or otherwise share your account;
    13. attempt to sell, sublicense, rent, lease, grant a security interest in, or otherwise transfer any copy of the Services, any component thereof, or your rights to the Services to any other party in any way not expressly authorized herein;
    14. introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
    15. use the Services for illegal, harassing, unethical, or disruptive purposes, including engaging in any conduct intended to disrupt or diminish the game experience for other players or disrupt operation of the Company’s Services in any way, including:
      1. disrupting or assisting in the disruption of any computer used to support the Services or any Game environment, or
      2. harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity, or disconnecting;
    16. use the Services in such a way as to infringe the privacy, intellectual property rights, or other rights of third parties;
    17. violate any applicable law or regulation in connection with your access to or use of the Services; or
    18. access or use the Services in any way not expressly permitted by these Terms.
  4. Use of the Services. You are responsible for providing the computer, mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use any aspect of the Services. We do not guarantee that any aspect of the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that any aspect of the Services or will be available in, or that orders for Offerings can be placed from, any particular geographic location.
  5. Monitoring.
    1. WHILE RUNNING, THE SERVICES (INCLUDING THE GAME) AND COMPANY MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE’S MEMORY FOR UNAUTHORIZED THIRD-PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN “UNAUTHORIZED THIRD-PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD-PARTY SOFTWARE PROHIBITED BY THE “RESTRICTIONS ON YOUR USE OF THE SERVICES” SECTION ABOVE. IN THE EVENT THAT THE SERVICES DETECT AN UNAUTHORIZED THIRD-PARTY PROGRAM (a) THE SERVICES MAY COMMUNICATE INFORMATION BACK TO THE COMPANY, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, WALLET ADDRESS, DETAILS ABOUT THE UNAUTHORIZED THIRD-PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) THE COMPANY MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THESE TERMS, WITH OR WITHOUT PRIOR NOTICE TO YOU.
    2. Additionally, the Services may include a tool that will allow your computer system to forward information to the Company in the event of a crash of any aspect of the Services, including system and driver data, and by agreeing hereto you consent to the Company receiving and/or using this data.
    3. If the Services detect the use of an Unauthorized Third-Party Program, your access to the Services may be terminated with or without additional notice to you.
4. OWNERSHIP AND CONTENT
  1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, user interface, design, images, logos, icons, software), Content (including Game audiovisual assets and artwork), data, information, and other materials (“KOMPETE IP”), are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content, defined below), including, without limitation, the exclusive right to create derivative works.
  2. Ownership of Trademarks. The Company’s name, Modernize Games, the name of the Game, KOMPETE, the stylized logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
  3. Ownership of Feedback.We welcome feedback, bug reports, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title, and interest (including, but not limited to, any intellectual property right) that you may have in and to any and all Feedback.
  4. KOMPETE IP Limited License Grant. We support users who use KOMPETE IP to create free fan projects for the benefit of the community (“Projects”). On condition that you adhere to all requirements under these Terms, we hereby grant you a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited license for you to use, display and create derivative works based on KOMPETE IP, strictly for noncommercial community use, unless as specifically provided below.
    1. This license excludes the use of KOMPETE IP in other games and applications; you may not take any part of the KOMPETE IP (e.g., character cosmetics, appearance, abilities, maps, icons, items, etc.) and use it in another game or application. We reserve the right to deny anyone the use of the KOMPETE IP at any time, for any reason or no reason, in our sole discretion. If we deny you the right to use KOMPETE IP, you must stop developing, publishing and/or distributing your Project and cease use of any KOMPETE IP immediately.
    2. We allow passive ad revenue generation for some content, subscriptions and donations on streaming channels. You may not create commercial Projects, including any Project that crowdsources any portion of its funding, any Project that involves a business or legal entity, or any Project where the content of the Project is gated with a paywall (e.g., Patreon, Youtube Premium, etc.) without a written license agreement from us. You may not use any third-party intellectual property in your Project without the third-party’s permission. For the avoidance of confusion, you may not use the logos and trademarks of Modernize Marketing, LLC or KOMPETE in your Project unless you have a written license agreement with us. You may not register domain names, social media accounts, or any other such similar actions using any part of our trademarks or names, including but not limited to the KOMPETE logo, trademarks, trade names, the Game, character names, and map names. You may not use our trademarks or names related to the KOMPETE IP as keywords or internet search tags.
    3. If you share your Project, you must conspicuously include the following language on your Project and/or your Project’s website: “[Your Project Title] was created under the KOMPETE Terms of Service using assets owned by Modernize Marketing LLC. Modernize Marketing LLC is not affiliated with this project, and does not endorse or sponsor this project.”
  5. Your Content License Grant.We may share or spotlight fan Projects, and you agree that we may use, copy, modify, distribute and make derivative works of your Project in any form, on a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide basis, for any purpose and without having to credit you, compensate you, or obtain your approval. In addition, in connection with your use of the Services, you may be able to create, post, upload, or submit content to be made available through the Services (User Generated Content or “UGC”), such as user profiles, comments, character cosmetics, character or team names, sound files, images, music files, game assets, and other UGC. You agree that we may share any UGC you upload to the Game or Services, and the actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading your UGC, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and make derivative works of the UGC. You agree that these rights and licenses are royalty free, non-exclusive, transferable, sub-licensable, worldwide, and irrevocable,and includes a right for us to make your UGC available to, and pass these rights along to, others for any purpose, without your approval, and without providing you with credit or compensation.. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag your UGC and/or to use, publish, display, modify, or include a copy of your UGC as part of their own use of the Services. By posting or submitting your UGC through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for your UGC. You agree that your UGC will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
  6. Notice of Infringement – DMCA Policy. If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
    1. identification of the copyrighted work that is claimed to be infringed;
    2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
    3. information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
    4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;
    5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
    6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
    Notices of copyright infringement claims should be sent by email to: legal@modernizegames.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others when using the Services.
5. THIRD-PARTY SERVICES AND MATERIALS
  1. Use of Third-Party Materials in the Services. Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
  2. Use of Unreal® Engine from Epic Games, Inc.
    1. The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. [Licensor], Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has 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. Without limiting the generality of the foregoing, Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this [Product], or will not revoke approval of this Game for any or no reason. 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 Company and Epic. Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
    2. To the maximum extent permitted by applicable law, neither Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers 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 the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Company, Epic or Epic’s affiliates 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.
    3. 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 Company, Epic, Epic’s licensors, its and their affiliates, and any of Company’s or Epic’s service providers shall be limited to the full extent permitted by law.
6. UPDATES AND PATCHES

The Company (or a third party on the Company’s behalf) may deploy or provide patches, updates, and modifications to the Services that must be installed for you to continue to use the Services. The Company may update the Services remotely, including, without limitation, any aspect of the Services residing on your computer or game machine, without your knowledge or consent, and you hereby grant to the Company your consent to deploy and apply such patches, updates, and modifications as the Company, in its sole discretion, deems necessary or advisable. You also agree that the Company may change, modify, suspend, “nerf,” “buff,” discontinue, or restrict your access to any features or parts (including but not limited to Game Assets) of the Services at any time without notice or liability to you.

7. TERMINATION
  1. You acknowledge and agree that the Company, in its sole and absolute discretion, may (i) stop providing support for or access to the Services at any time, for any reason or no reason, and (ii) terminate your right to use the Services and terminate these Terms immediately at any time without notice or liability to you.
  2. In the event of termination of these Terms or your rights or license granted hereunder, you must (i) cease to use the Services; (ii) immediately and permanently remove from all of your devices all aspects of the Services in your possession and control. Upon termination of these Terms for any reason, all licenses granted herein immediately shall terminate.
8. DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
  1. DISCLAIMERS. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “COMPANY ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT, DATA, AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. FOR CLARITY, WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE FUNCTIONALITY OF THE ETHEREUM BLOCKCHAIN AND/OR THE EXECUTION OF SMART CONTRACTS AND/OR TRANSACTIONS THEREIN.
  2. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THOSE JURISDICTIONS. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM, OR (II) $100 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  3. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify, and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your Content, or (e) your negligence or willful misconduct.
  4. Assumption of Risks. You acknowledge and agree that there are risks associated with purchasing and using virtual currency, tokens, holding NFTs and using blockchain technology. These include, but are not limited to, risk of losing access to the virtual currency, tokens, and NFTs due to loss of a PIN, wallet keys, two-factor authentication devices, or log-in information, user error when transferring NFTs, custodial error or purchaser error, smart contract error, risk of blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. You acknowledge that you have obtained sufficient information to make an informed decision to purchase a Game Asset, including carefully reviewing the code of the smart contract and the NFT, and fully understand and accept the functions of the same. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services, and therefore the potential utility or value of your Game Assets. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks, may have unintended, adverse effects on all blockchains, including any that are related to your Game NFTs.
  5. Taxes. You are solely responsible to pay any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services. Except for income taxes levied on us, you: (a) will be solely responsible for reporting any tax obligations when, if ever, such obligations arise as a result of your use of the Services or in relation to an Offering; (b) will pay or reimburse Company for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value added taxes and other taxes as may be required, and amounts levied in lieu thereof based on charges set, services performed, or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local, or any other taxing jurisdiction; and (c) will not be entitled to deduct the amount of any such taxes, duties, or assessments from payments (including transaction fees) made to us pursuant to these Terms. Neither these Terms nor any other communication from the Company constitutes tax advice, and users are solely responsible for determining what, if any, taxes apply to their interaction with Offerings and the Services.
  6. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in operating the Services, when and to the extent such failure or delay is caused by or results from any events beyond the Company’s ability to control, including acts of God, flood, fire, earthquake, epidemics, pandemics, quarantine restrictions, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown, shortage of adequate power or electricity, and other similar events beyond our control.
9. GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
  1. Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth herein, or if arbitration does not apply, then the state and federal courts located in California. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
  2. Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action or arbitration.
  3. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”), whether based in contract, tort, statute, fraud, or any other legal theory, relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration, including the resolution of threshold questions as to the arbitrability of the Claim. YOU AND THE COMPANY AGREE THAT “Claim” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION FOR INTELLECTUAL PROPERTY INFRINGEMENT, MISAPPROPRIATION, DILUTION, OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (the “Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Any arbitration under these Terms will take place on an individual basis in accordance with the Rules. Class arbitrations and class actions are not permitted. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. You and Company further agree: (i) to arbitrate all Claims between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; and (iii) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section. The arbitrator’s decision(s) shall be made pursuant to the Rules and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms as permitted by the governing California law and subject to the terms and limitations in these Terms. The award rendered by the arbitrator may be entered in any court having jurisdiction. Notwithstanding the foregoing agreement to arbitration, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  4. Confidentiality. You and Company agree that any Claim that has been submitted to arbitration, and all related proceedings, including any settlement agreement, shall be kept confidential. In the event you or the Company file the arbitration award with any court of competent jurisdiction in order to have that award confirmed in a court order or judgment, or any other proceeding under the Federal Arbitration Act, then each party shall take measures to the extent permitted by applicable law to redact or file under seal any highly sensitive business or personal information that appear in the award and any other supporting documents filed in such a proceeding.
  5. Conduct of the Arbitration. Any arbitration will be conducted by a single, neutral arbitrator appointed in accordance with the Rules, except that, if the amount in dispute exceeds $10 million USD, the arbitration shall be conducted by a panel of three neutral arbitrators appointed in accordance with the Rules. The arbitration shall have its seat in California. The arbitrator will conduct hearings, if any, by videoconference (which you may join telephonically if you are unable to reasonably access or utilize videoconference technology), rather than by personal appearances, during ordinary business hours in the time zone in which the party initiating the arbitration resides. The arbitrator may direct that the hearing be held in person upon the request of any party if the arbitrator concludes that doing so would be appropriate under the circumstances. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. For the avoidance of doubt, the arbitration shall be deemed to take place in California, and any resulting award(s) will be rendered in California, regardless of the location or method of any hearings.
10. APPLE ENABLED APPLICATIONS

The Services operate in connection with products made commercially available by Apple, Inc. (“Apple“), in addition to other devices and operating systems. With respect to Services that are made available to you in connection with an Apple-branded product (such Services shall hereinafter be known as “Apple-Enabled Services“), the following terms and conditions apply, in addition to the terms and conditions set forth in these Terms:

  1. You and Company acknowledge that these Terms operate between you and Company only and not with Apple and that as between Company and Apple, Company, not Apple, is responsible for the Apple-Enabled Services and the content thereof;
  2. You acknowledge that the Apple iOS App Store (“App Store“) contains rules and conditions that govern the use of software made available therein (collectively “Usage Rules“). Such Usage Rules are contained within the App Store Terms of Service (“App Store Terms“). Regarding the Services, you may not use the Apple-Enabled Services in any manner that is in violation of or inconsistent with these Usage Rules or the App Store Terms;
  3. Your license to use the Apple-Enabled Services is limited to a non-transferable license to use the Apple-Enabled Services on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms;
  4. You acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Services;
  5. You acknowledge that Apple is not responsible for any product or software warranties, whether express or implied by law. In the event of any failure of Apple-Enabled Services to conform to any applicable warranty, you may notify Apple, via the methods described in the App Store, and Apple will refund the purchase price for the Apple Enabled Services to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Services, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, to the extent that it cannot be disclaimed under applicable law. For a discussion of any warranties related to the Services, please see the section herein entitled “Disclaimer and Limitation of Liability;”
  6. Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Services or your possession and/or use of those Apple-Enabled Services, including but not limited to i) product liability claims; ii) any claim that the Apple-Enabled Services fail to conform to any applicable legal or regulatory requirement; and iii) claims arising under consumer protection or similar legislation;
  7. In the event of any third party claim that the Apple-Enabled Services or the end-user’s possession and use of those Apple-Enabled Services 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;
  8. You represent and warrant that i) you are not located in any 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; ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law; and
  9. If you have any complaints, questions, comments, or concerns with respect to the Apple-Enabled Services, you should direct them to: legal@modernizegames.com
11. ADDITIONAL PROVISIONS
  1. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised On” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
  2. Reps and Warranties. In addition to any other representation and warranties made herein, you hereby represent and warrant that (i) not prohibited from receiving or using any aspect of the Services under applicable laws and (ii) Company has not previously disabled your Account or your access to the Services for a violation of the law or these Terms or other applicable agreements, terms of use, or contracts.
  3. Electronic Communication. Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
  4. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name or wallet address. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the deletion of or failure to delete Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
  5. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
  6. Waiver. No act or failure to act by Company will be deemed a waiver of any right contained in these Terms, and any waiver by Company must be in writing and signed by an officer of Company. If Company does expressly waive any provisions of these Terms, such waiver shall not be a waiver of any other provisions of these Terms, and the waived provisions hall not be waived for all time in the future.
  7. California Residents. If you are a California resident, in accordance with Cal. Civ. 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 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
  8. Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You warrant and represent that you’re not located in, under the control of, or a national or resident of any embargoed country. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
  9. Miscellaneous. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
  10. How to Contact Us. You may contact us regarding the Services or these Terms at: legal@modernizegames.com