TERMS OF USE

Last updated: 11/11/2023

The Terms of Use of The Galaxy Of Lemuria website (the 'Website') and our video game The Galaxy Of Lemuria (the 'Game'), and all related services, form a contract between Runebit (we, us, our), and you (the 'User'), who makes use of our Website, the Game and/or any of our services or platforms.

1.- ACCEPTANCE OF THE TERMS OF USE

By browsing or using the Website, the Game, and/or any service provided by us, the User agrees to comply with these Terms of Use. Acceptance of the Terms of Use implies that they are legally binding and obligatory for the User, who is assumed to have read and understood them thoroughly.

Please read these Terms of Use carefully before performing any action on our platforms. If you do not agree with them, you should refrain from using our platforms.

We reserve the right, at our sole discretion, to discontinue operating the Website or the Game at any time in the future, without any liability thereof.

2.- DIGITAL ASSETS AND RISKS

Before using this Service, you must acknowledge and agree to the following key risk factors that may significantly affect your rights:

The Galaxy Of Lemuria is a free-to-play, multiplatform video game that incorporates blockchain technology as an additional feature within its mechanics, in the form of Non-Fungible Tokens (NFTs). Tokens (NFTs) are merely consumable tools (Utility) for use within the game content. The User acknowledges and agrees that we make no representations or warranties regarding the value or merchantability of the Tokens (NFTs). Transactions of Digital Assets (NFTs, Virtual Goods) are final and non-refundable. In the event of Service termination, their utility within the game may cease to exist.

3.- DISCLAIMER FOR TESTING PHASE AND MODIFICATION OF TERMS OF USE

The Game is still in testing phase and is provided 'as is' and 'without any warranty' and may contain software defects and errors. The User is advised to protect its data and not to rely on the correct functioning or performance of the Game. we reserve the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms of Use will be posted on our Website. The User shall be responsible for keeping up to date with such modifications. Your use of the Game following any modification of the Terms of Use constitutes your acceptance of the modified Terms of Use.

4.- ELIGIBILITY

The User hereby declares that he/she is fully capable and competent to accept the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. We operate a global platform and by accessing the Website or the Game, the User represents and warrants that he/she is at least 13 years of age.

5.- USER ACCOUNTS AND SECURITY

To access the Game, the User must create an account (the 'Account').

We assume no responsibility for any breach of security or unauthorized access to your Account. It is recommended that you: (a) use a unique password for your selected 'third party private key manager' that you have never used before; and (b) keep your password and any related secret information secure, not sharing it with anyone else.

You are solely responsible for all activities conducted through your Account, whether or not you authorize the activity.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices.

Please note that, if you lose your 'third party private key manager' password, you agree that we will not be able to solve any problem arising from that incident.

We will not be liable for any loss or damage (of any kind and under any legal theory) to the User or any third party arising from a breach, for any reason, of any of the above obligations.

6.- REPRESENTATIONS AND RISKS

6.1.- DISCLAIMER OF LIABILITY

The User acknowledges and accepts that the use of the Game and the Website is at the User's own risk. The Game and the Website are provided 'as is', without warranties of any kind, whether express or implied. The User acknowledges and agrees that we have no control over or obligation to take any action with respect to: which users access or use the Game or the Website; what effects the Game or the Website may have on the User; how the Game or the Website is used; or what actions the User may take or refrain from taking as a result of having been exposed to the Game or the Website. The User releases us from all liability for his/her inability to access the Website, the Game or any content.

6.2.- RISK OF REGULATORY ACTIONS IN ONE OR MORE JURISDICTIONS

To make use of the Tokens, the User must use cryptographic tokens of the Polygon network. Cryptographic tokens could be affected by one or more regulatory actions, which could prevent or limit our ability to continue to develop, or limit the User ability to access or use the Game or the Polygon blockchain.

6.3.- APPLICATION SECURITY

The User acknowledges and agrees that the Website, the Game and related applications are software and is subject to flaws, the User acknowledges that it is solely responsible for evaluating the security of any smart contracts or code provided by the Website, the Game or third party smart contract content or code that it accesses or uses through the Game or the Website. This warning and others subsequently provided by us in no way evidence or represent a continuing duty to be alert to all potential risks of using the Game or the Website.

7.- USES OF THE GAME AND VAULT

7.1.- The Vault feature allows you to store items in a centralized database and use them in the Game, as well as sending them to your own personally managed cryptographic wallet. The User acknowledges and agrees that the use of the Vault is optional and that the User may choose to use the Game without using the Vault.

7.2.- The User, at any time, subject to interruptions, downtime and other applicable policies, may transfer its items from the Vault, sending them to a blockchain wallet controlled by the User or a third party.

8.- TRANSACTIONS AND FEES

8.1.- The User may purchase Tokens directly from us. We have no control over the User's personal wallet. That said, we shall have no liability to the User or any third party for any claim or damage that may arise as a result of any transaction made from your personal wallet.

8.2.- The Polygon network requires the payment of a fee (a 'Gas Fee') for each transaction that occurs on the Polygon network. This fee pays for the cost of maintaining the network of computers running the Polygon network. This means that you must pay a fee for each transaction that occurs through the game. You agree that the payment of the fee is inherent to the nature of the Polygon network and outside our control as a result of the use of the Game.

8.3.- The User agrees that all applicable taxes in connection with the use of the Account and purchases in the game will be covered by him/her.

9.- INDEMNIFICATION

The User shall release and indemnify, hold harmless and defend us, as well as the officers, directors, employees, shareholders and representatives of the company, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs), claims or actions of any kind arising or resulting from your use of the Game or the Website for violation of these Terms of Use and any of your acts or omissions. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of any such matter.

10.- DISCLAIMERS OF LIABILITY

10.1.- THE USER ACKNOWLEDGES AND AGREES THAT HE/SHE ASSUMES FULL RESPONSIBILITY FOR THE USE OF THE WEB SITE AND THE GAME. THE USER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION HE/SHE SENDS OR RECEIVES DURING HIS/HER USE OF THE WEB SITE AND THE GAME MAY NOT BE SECURE AND MAY BE INTERCEPTED OR SUBSEQUENTLY ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GAME AND THE WEB SITE IS AT YOUR SOLE RISK. THE USER ACKNOWLEDGES AND AGREES THAT THE WEB SITE AND GAME ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BY SO ACKNOWLEDGING, THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, OUR AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES NOR OUR SUPPLIERS OR LICENSORS SHALL BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LIABILITY. PUNITIVE, EXEMPLARY, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEBSITE AND THE GAME; THE USE OR INABILITY TO USE THE LA TIENDA Y EL JUEGO WEB SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LA TIENDA Y EL JUEGO WEB SITE; ANY ACTION WE TAKE OR DO NOT TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERROR; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCIES, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS OR GAME (INCLUDING, WITHOUT LIMITATION, THOSE THAT DO NOT ALLOW PARTICIPATION IN THE GAME); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR GAME OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION OR UNAUTHORIZED ACCESS TO IMAGES OR OTHER CONTENT OF ANY KIND; LATE OR INCORRECTLY PROCESSED OR INCOMPLETE OR LOST DATA; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE AND GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.2.- WE HEREBY EXPRESSLY DISCLAIMS, RELEASES AND WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

10.3.- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, AND LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE AND GAME WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE AND GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE USAGE DATA PROVIDED THROUGH THE GAME WILL BE ACCURATE, (III) THE GAME OR ANY CONTENT, SERVICES OR FEATURES AVAILABLE ON OR THROUGH THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA YOU DISCLOSE WHEN USING THE GAME WILL BE SECURE.

10.4.- THE USER ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND TRADING ONLINE OVER THE INTERNET, AND AGREES THAT WE, OUR AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY FOR ANY BREACH OF SECURITY UNLESS DUE TO OUR NEGLIGENCE.

10.5.- WE, OUR AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS YOU SUFFER AS A RESULT OF YOUR USE OF THE POLYGON NETWORK, METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERRORS, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY INTERPRETED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR LOSS OF DATA; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCE OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE AND GAME, THE POLYGON NETWORK, METAMASK OR OTHER E-WALLET.

10.6.- WE ARE NOT RESPONSIBLE FOR ANY LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURE OF THE POLYGON NETWORK, METAMASK OR OTHER E-WALLET, INCLUDING, WITHOUT LIMITATION, LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY PROBLEMS WITH BLOCKCHAIN SUPPORT FOR THE POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE PROBLEMS OR ANY OTHER PROBLEMS THAT RESULT IN TOKEN LOSSES.

11.- LIMITATION OF LIABILITY

11.1- THE USER UNDERSTANDS AND AGREES THAT WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS AND LICENSORS SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT THE USER MAY SUFFER, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (INCURRED DIRECTLY OR INDIRECTLY), LOSS OF TOKENS OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2- YOU AGREE THAT OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE (OR YOUR INABILITY TO ACCESS OR USE) ANY PART OF THE WEBSITE AND GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRIOR TO THE DATE ON WHICH THE CLAIM AROSE, OR (B) $100.

11.3- YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEB SITE AND GAME AVAILABLE TO YOU AND YOU AGREED TO THESE TERMS SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE RELATIONSHIP BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE WEB SITE AND GAME TO YOU WITHOUT THESE LIMITATIONS.

11.4- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF PERSONAL INJURY LIABILITY FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

12.- PROPERTY RIGHTS

12.1- All title, ownership and intellectual property rights to the Website and the Game are the exclusive property of Runebit or its licensors. The User acknowledges and agrees that the Website and the Game contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The User agrees not to copy, modify, rent, lease, loan, sell, distribute, display or create works based on the Website and the Game, in whole or in part. The exclusive property of Runebit or its licensors shall include all elements of the Website and the Game, and all intellectual property rights therein. The visual interfaces, graphics (including but not limited to all artwork and drawings associated with the Game), design, systems, methods, information, computer code, software, 'look and feel', organization, compilation of content, code, data, and all other elements of the Website and the Game (collectively, the 'Runebit or its licensors Materials') are the property of Runebit or its licensors and are protected by copyright, trade dress, patent and trademark laws, international conventions, other relevant intellectual property and intellectual property rights, and applicable laws. All Runebit or its licensors Materials are the copyrighted property of Runebit or its licensors, and all trademarks, service marks and trade names contained in Runebit or its licensors materials are proprietary to Runebit or its licensors. Except as expressly set forth herein, your use of the Website and Game does not grant you ownership or any other rights with respect to any content, code, data or other materials that you may access on or through the Website and Game. We reserve all rights to materials on Runebit or its licensors that are not expressly granted to you in the Terms of Use. For the sake of clarity, you understand and agree that you are not entitled to reproduce, distribute or otherwise commercialize any element of the Runebit or its licensors materials (including, without limitation, our copyrights in the artwork and drawings associated with the Game and content thereof) in any form without our prior written consent in each case, which consent Runebit or its licensors may withhold in its sole and absolute discretion.

13.- NO THIRD PARTY BENEFICIARIES

The User agrees that, unless otherwise expressly stated in these Terms of Use, there will be no third party beneficiaries of the Terms of Use.

14.- BINDING ARBITRATION AND CLASS ACTION WAIVERS

PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1- INITIAL DISPUTE RESOLUTION

The parties shall use their best efforts to engage directly to resolve any dispute, claim, question or disagreement and to enter into good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

14.2- BINDING ARBITRATION

If the parties do not reach an agreed upon resolution within 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, either party may initiate binding arbitration as the sole means of resolving claims, subject to the terms set forth below.

Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ('ICC') by an arbitrator. Within ten (10) calendar days after the date of delivery of the Notice of Arbitration, the Parties shall appoint a mutually acceptable arbitrator. In the event that the Parties fail to select a mutually acceptable arbitrator within ten (10) calendar days after delivery of the Notice of Arbitration, the arbitrator shall be appointed by the Chairman of ICC. The parties agree that the arbitration shall take place in Chile or at any other place mutually acceptable to the parties. Any decision or award rendered by the Arbitrator shall be final, and judgment thereon may be entered in accordance with applicable law in any court having jurisdiction thereof. For purposes of cost sharing, all Claimants shall be considered a party and all Respondents shall be considered a party. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration initiated pursuant to these Terms of Use and shall not disclose the fact, conduct or outcome of the arbitration to any third party or non-participant, except to the extent required by applicable Law or to the extent necessary to recognize, confirm or enforce the final award or decision in the arbitration, without the prior written consent of all parties to the arbitration.

14.3- CLASS ACTION WAIVER

The parties further agree that any arbitration shall be conducted solely in an individual capacity and not as a class action or other representative action, and the parties expressly waive their right to bring a class action or seek class relief. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY OR IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration may proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed not to have agreed to arbitrate the disputes.

14.4 EXCEPTION - INTELLECTUAL PROPERTY DISPUTES AND SMALL CLAIMS COURT CLAIMS

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in small claims court for disputes or claims within the scope of that court's jurisdiction.

14.5 30-DAY OPT-OUT RIGHT

You have the right to opt out and not be subject to the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following email address: [email protected]. Your notice must be sent within 30 days of your first use of the Game or you will be required to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we will also not be bound by them.

14.6 CHANGES TO THIS SECTION

We will provide 60 days notice of any changes to this section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

These Terms of Use and the relationship between the User and us shall be governed by the laws of Chile, without regard to its conflict of law provisions.

For any dispute not subject to arbitration, the User and us agree to submit to the exclusive jurisdiction of the courts located in Chile. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

15.- VIRTUAL GOODS

15.1 Virtual goods are game elements such as in-game currency (such as Lemurite Shards), ships and vehicles, weapons, equipment, characters, can include attributes, or entitlement items (collectively, “Virtual Goods”). Virtual goods of a consumable, degradable, limited-use, or single-use nature (e.g. food, potions, etc.) are intended to disappear or be expended upon use. All Virtual Goods remains our property at all times and are subject to its reasonable rules and regulations as amended from time to time. You agree that regardless of the use of terms such as “buy”, ”sell”, “purchase”, “own”, you only acquire a limited license right (which is governed by our Terms of Use) to access and use Virtual Goods, and that Virtual Goods are not redeemable for any sum of money or monetary value from us at any time, (except as provided for in our Terms of Use). You are entitled to a “no questions asked” refund for purchased Items during a thirty (30) days period (“Withdrawal Period”). This refund option may only be exercised once per account. That means that thirty (30) days from acquiring and having received access to a purchased Item you can use that purchased Item “as is” in any way within the Game. If you are not satisfied with the purchased Item during the Withdrawal Period, you are entitled to return the purchased Item and obtain a refund, provided that you have not previously exercised your one-time refund entitlement. After expiry of the Withdrawal Period, you are not entitled to any refund anymore and you accept the purchased Item “as is”. Please note that this does not apply to any purchased Items transferred by the User to the Polygon Network before the thirty (30) days from acquiring and having received access to a purchased Item, and that we are only allowed to make refunds to the original buyer and payment method.

15.2 TOKENS. All sales of Tokens are final and non-refundable. By purchasing Tokens, you acknowledge that neither us nor any of its affiliates are required to provide a refund for any reason.

16.- GENERAL INFORMATION

16.1 COMPLETE AGREEMENT. These Terms of Use (and any additional terms, rules and conditions of participation that we may publish on the Website or in the Game) constitute the entire agreement between the User and us with respect to the Game and supersede any prior agreements, oral or written, between the User and us. In the event of a conflict between these Terms of Use and additional terms, rules and conditions of participation, the latter shall prevail over the Terms of Use to the extent of the conflict.

16.2 WAIVER AND SEVERABILITY OF TERMS. The failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

16.3 STATUTE OF LIMITATIONS. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Game or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16.4 SECTION HEADINGS. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

16.5 COMMUNICATIONS. Users who have questions, complaints or claims regarding the Website or the Game may contact us using the relevant contact information set forth above and at [email protected].

17.- LINKS

The Website and the Game provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because we have no control over such sites, applications and resources, the User acknowledges and agrees that we are not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

18.- TERMINATION AND SUSPENSION

You shall have the right to terminate your Account at any time by canceling and discontinuing your access to and use of the Game. we may terminate or suspend all or part of the Website and the Game and your access to the Site and the Game immediately, without notice or liability. You will not receive any refund if you terminate your Account or if these Terms of Use are otherwise terminated. You agree that we, on our sole discretion and for any or no reason, may terminate these Terms of Use and suspend and/or terminate your Account(s) for the Game. You agree that any suspension or termination of your access to the Site or the Game may be effected without prior notice, and that we shall not be liable to you or any third party for any such suspension or termination. If we suspend or terminates your Account due to your breach of these Terms of Use or any suspected fraud, abuse or illegal activity, then the termination of these Terms of Use shall be in addition to any other remedies we may have at law or in equity. Upon termination or expiration of your Account, either by you or by us, you may no longer have access to information that you have posted in the Game or that relates to your Account, and you acknowledge that we shall have no obligation to maintain such information in our databases or to forward such information to you or any third party. Upon termination of your Account, your right to use the Game will cease immediately. The following provisions of these Terms of Use survive any termination of these Terms of Use: REPRESENTATIONS AND RISKS; TRANSACTION AND FEES; INDEMNITY; DISCLAIMERS; LIMITATION OF LIABILITY; PROPRIETARY RIGHTS; LINKS; TERMINATION AND SUSPENSION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.