This Agreement shall apply and be binding on the End User following its Acceptance by the End User. It shall form an integral part of the agreement between the parties, and govern their rights and obligations, with regard to its subject matter. No specific conditions and no other terms and conditions of the End User or any of its affiliates or any third party shall prevail over this Agreement unless formally accepted in writing by CRYPTOCOMPANIONS. This Agreement shall not be construed against any party on the grounds that such party prepared or drafted this Agreement. In this Agreement, unless the context otherwise requires, (i) words in the singular include the plural and vice versa and words in one gender include any other gender, (ii) a reference to a statute or statutory provision includes any subordinate legislation made under it and any statute or statutory provision which modifies, consolidates, re-enacts or supersedes it whether such statute or statutory provision comes into force before or after the date of this Agreement.
3.1 Rights Unless otherwise stated in this Agreement, CRYPTOCOMPANIONS is the owner or licensee of all rights including all copyrights, trademarks, and other intellectual property rights relating to or included within CRYPTOCOMPANIONS, the Website, Materials, and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text elements, images, and all other elements included in and deriving from the gameplay and virtual world featured in CRYPTOCOMPANIONS, including without limitation in-game names, characters, locations, and any virtual assets or items ("Virtual Items") and their associated benefits or properties acquired or provided for use within CRYPTOCOMPANIONS. Grant of License CRYPTOCOMPANIONS is licensed, not sold, to you with the scope set out below. 3.2 Scope The license is worldwide, non-commercial, non-exclusive, non-transferable, non-sublicensable, and subject to the boundaries of the Permitted Use ("Scope"). The terms of this Agreement, including, without limitation, the Scope, will apply to CRYPTOCOMPANIONS and its use, including upgrades unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement. 3.3 Permitted Use Your use of CRYPTOCOMPANIONS and any results generated through and/or in connection with CRYPTOCOMPANIONS must adhere to the Scope and rules set forth in this Section ("Permitted Use"): 3.4 Observation of applicable laws, gambling regulations: You may use CRYPTOCOMPANIONS only as and to the extent permitted by applicable laws, in particular, only to the extent you fully comply with any applicable financial market regulations and similar provisions in using CRYPTOCOMPANIONS. You may not use CRYPTOCOMPANIONS in any jurisdiction in which its distribution, marketing, licensing, or use would require a gambling license, registration, or similar accreditation under applicable laws. 3.5 Age restrictions: You must not use CRYPTOCOMPANIONS, the Website, Materials, and Services if you are under 18 years of age. 3.6 Commercial use, streaming, video sharing: The license is for personal and non-commercial use, it does not comprise the right to commercialize CRYPTOCOMPANIONS or elements thereof. You may not perform in-game services during your use of CRYPTOCOMPANIONS, the Website, Materials, or Services for any form of compensation outside of CRYPTOCOMPANIONS. Notwithstanding the above, you have the right to capture and stream or otherwise distribute on live streaming platforms and/or video sharing platforms, subject to your adherence, at all times, with the terms and conditions of – and the additional obligations imposed by – such platforms, video content of your personal gameplay, provided that such video content shall (a) be compliant with the Posting and Image Policies, (b) be accessible to the general public free of charge and (c) shall contain a disclaimer whereas any views and opinions expressed in such video content are exclusively your own and do not represent views or opinions of CRYPTOCOMPANIONS or any other person or entity associated with CRYPTOCOMPANIONS. CRYPTOCOMPANIONS reserves the right to revoke such right with regard to existing or potential future content, if it deems any such video content, within its sole discretion, to be, or to potentially be, inappropriate or otherwise detrimental to the operation or commercialization of CRYPTOCOMPANIONS. In such event, you hereby agree to immediately remove from public access or alter, as instructed by CRYPTOCOMPANIONS, upon the first request of CRYPTOCOMPANIONS, any such content and that you will not pursue CRYPTOCOMPANIONS for any actual or potential loss you may incur in connection with such removal or alteration. 3.7 Comments and other forms of communication: You may use CRYPTOCOMPANIONS’ commenting functions or other forms of communication within CRYPTOCOMPANIONS only in accordance with and in observation of (a) the posting policy pursuant to section 8 hereof (the "Posting Policy") and (b) the image policy pursuant to section 9 hereof (the "Image Policy"). 3.8 CRYPTOCOMPANIONS (DDOG) tokens: You may use your DDOG Tokens outside of CRYPTOCOMPANIONS. You acknowledge and agree that any affiliation between yourself and third parties via DDOG Tokens does not create or otherwise be deemed to constitute the basis of an association between CRYPTOCOMPANIONS and yourself and/or such third parties. You acknowledge and agree that you are using DDOG with third parties within your sole responsibility and at your own risk. In particular, acknowledge and agree that you may become liable for actions and/or omissions of any third party you interact with or otherwise become affiliated with. CRYPTOCOMPANIONS shall not be liable for any damage you incur through and/or in connection with your affiliation with any third parties. 3.9 No modifications, tampering, or circumvention: You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of CRYPTOCOMPANIONS, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of CRYPTOCOMPANIONS, its user interface, and/or its operating principles. No reverse engineering: You may not Reverse Engineer CRYPTOCOMPANIONS or otherwise attempt in any way to derive or otherwise determine the source code for the operation of CRYPTOCOMPANIONS. 3.10 No copies, no derivative works: You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of CRYPTOCOMPANIONS, the Website, Materials, or Services other than in accordance with the License. 3.11 No use of bots: You may not utilize any automated software or "bots" in relation to your access or use of CRYPTOCOMPANIONS, the Website, Materials or Services. No server overload: You may not knowingly perform any actions that may cause the computers used to support the Website, Materials, and Services (the "Servers") to become overloaded or crash. 3.12 No unauthorized server access: You may not connect to the Servers through any software other than the authorized game client software. 3.13 No data gathering and extraction: You may not use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website. 3.14 No unauthorized use of trademarks, logos, proprietary names, and graphics: Without CRYPTOCOMPANIONS's written approval, you may not use any of CRYPTOCOMPANIONS's or CRYPTOCOMPANIONS' logos, trademarks or other proprietary names or graphics. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to CRYPTOCOMPANIONS. 3.15 No unauthorized use of meta tags: Without CRYPTOCOMPANIONS's written approval, you may not use any meta tags or other hidden text which incorporate CRYPTOCOMPANIONS's name or any of its intellectual property including trademarks. The foregoing restrictions shall not apply if, and only to the extent that, any such restriction is prohibited by the applicable laws or license terms applicable to the use of open-source components included in the Game. If you require certain interface information for compatibility, interoperability, maintenance, or development purposes, you may request CRYPTOCOMPANIONS to make such interface information available as required by applicable law. Any use of CRYPTOCOMPANIONS other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your use of CRYPTOCOMPANIONS to ensure that you are adhering to the Permitted Use rules.
You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow third-party access to your User Account without first obtaining CRYPTOCOMPANIONS's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify CRYPTOCOMPANIONS immediately if you know or suspect that your User Account has been accessed by a third party or your login or password details have been, or may have been, obtained by a third party. You are solely responsible for ensuring that any process, devices, and/or services you employ to access or use CRYPTOCOMPANIONS or any of the Website, Materials, and Services (in particular, without limitation, to acquire, hold, manage and sell NFTs) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of Section 14, CRYPTOCOMPANIONS excludes any liability for any interference or damage to your devices, computer system, and/or any data contained therein in connection with your access or use of CRYPTOCOMPANIONS or any of the Website, Materials, and Services.
6.1 General rule Subject to the following specific rules for Virtual Items issued as NFTs or DDOG Token, you will have no ownership rights in any Virtual Items in CRYPTOCOMPANIONS. Such Virtual Items may be modified, replaced, altered, or removed by CRYPTOCOMPANIONS at any time under Section 10 of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay. 6.2 DDOG Token CRYPTOCOMPANIONS may from time to time offer "DDOG Token" for purchase or as an award for certain achievements within CRYPTOCOMPANIONS' gameplay in accordance with the procedures and further terms specified within CRYPTOCOMPANIONS' sole discretion. Units of DDOG Token may be issued as tokens issued on the AVALANCHE Blockchain or otherwise as Blockchain-based tokens and may use to pay for certain other Virtual Items, advantages, and services within or in connection with CRYPTOCOMPANIONS, as may be offered from time to time. DDOG Token may be purchased within the Services using a credit card (or other payment means accepted by us, such as a debit card, prepaid payment card, or a promotional code or gift card) or another cryptocurrency. All sales of DDOG Token are final and non-refundable to the extent permissible under applicable laws. DDOG Token does not constitute the personal property, has no cash value, and has no value outside of CRYPTOCOMPANIONS and/or the Services. Other than within the gameplay of CRYPTOCOMPANIONS, DDOG Token may not be transferred or sold to any other person. 6.3 NFTs Notwithstanding the above, CRYPTOCOMPANIONS' gameplay allows its users to own certain specific virtual assets, as CRYPTOCOMPANIONS may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the AVALANCHE Blockchain or otherwise as Blockchain-based tokens, as well as the underlying smart contracts ("NFTs"). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within CRYPTOCOMPANIONS' gameplay. Such NFTs are subject to the following policy: 6.3.1 Distribution of NFTs: NFTs can be earned within CRYPTOCOMPANIONS in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of CRYPTOCOMPANIONS, from time to time. In addition, CRYPTOCOMPANIONS may at any time, but has no obligation to, offer NFTs for sale or otherwise distribute NFTs in such process and pursuant to such terms as CRYPTOCOMPANIONS may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user or group of users of CRYPTOCOMPANIONS, the Website, Materials, and/or Services, or to third parties. Unless otherwise agreed with CRYPTOCOMPANIONS in writing, users of CRYPTOCOMPANIONS, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by CRYPTOCOMPANIONS. 6.3.2 Purchase of NFTs: To purchase NFTs, you must have (i) an active User Account and (ii) an active AVALANCHE compatible digital wallet (connected to Metamask). CRYPTOCOMPANIONS reserves the right, at its sole discretion, not to offer or to cease to offer NFTs for your purchase or to restrict your NFT purchases. NFTs may only be purchased at such purchase price and any NFTs available for purchase may only be purchased by such means and in accordance with such further terms and conditions as CRYPTOCOMPANIONS may specify at its sole discretion from time to time. 6.3.3 Transfer of NFTs: NFTs are not designed to be transferred other than within and as required by the gameplay of CRYPTOCOMPANIONS. CRYPTOCOMPANIONS reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at CRYPTOCOMPANIONS's sole discretion (an "NFT Transfer Policy"). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the Website. You acknowledge and understand that your transactions on the AVALANCHE platform are public and that your AVALANCHE address will be associated with these transactions. You further acknowledge and accept that you will be solely liable for any fees, costs, deductions, or expenses associated with your transactions on the AVALANCHE platform. After an NFT is initially sold or otherwise released or put into circulation by us, we have no control over subsequent transactions. Accordingly, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to NFTs. 6.3.4 Risks related to the nature of the NFTs: NFTs are subject to certain inherent risks, in particular, because NFTs may be based or enabled by the Smart Contracts on the AVALANCHE Blockchain (or any successor digital item standard). These risks include, inter alia, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, selling, and/or otherwise alienating NFTs: 1. i) There may not be a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid, and you may not be able to effectively resell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be resold. 2. ii) NFTs may not have a use other than within CRYPTOCOMPANIONS, if at all. iii) The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. We make no representations or warranties that any NFTs will retain increase their value. You might lose money. 1. iv) The AVALANCHE platform may subject your ability to purchase, hold, manage, use sell, and/or otherwise alienate NFTs to costs, fees, deductions, or expenses, which you hereby agree to fully and solely bear. 2. v) The AVALANCHE platform may not function properly and may be subject to hacking, malicious software, interruptions, and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs. 3. vi) AVALANCHE Wallet accounts may not function properly and may be subject to hacking, malicious software, interruptions, and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs. vii) Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the AVALANCHE platform, which could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs. viii) Other changes to the AVALANCHE platform could impact and/or impede your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs. 6.4 Withdrawal right In the event of a Ban resulting in the termination of this Agreement or if this Agreement is otherwise terminated following a breach by the End User, CRYPTOCOMPANIONS shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to CRYPTOCOMPANIONS or such third party as CRYPTOCOMPANIONS may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual units of DDOG Tokens from the End User and to retransfer such NFTs, against such consideration (if any) as CRYPTOCOMPANIONS may deem appropriate within its sole discretion, to itself or third parties. 6.5 Loss of access If CRYPTOCOMPANIONS's withdrawal right is not exercised in connection with a Termination of this agreement, the End User shall retain ownership of their NFTs and their units of DDOG Tokens. The End User acknowledges and accepts that they may not be able to access, use, benefit from, transfer, and/or otherwise dispose of such NFTs and/or units of DDOG Tokens following termination of this Agreement. To the greatest extent permitted by law and without limiting the generality of Section 14, CRYPTOCOMPANIONS shall neither have any liability for any damage resulting from such loss of access nor any obligation to refund the purchase price paid for the relevant NFTs and/or units of DDOG Tokens to the End User.
You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use CRYPTOCOMPANIONS to engage in any such activities and that CRYPTOCOMPANIONS makes no representation in respect of, or otherwise in connection with, the suitability of CRYPTOCOMPANIONS and/or any output generated by using CRYPTOCOMPANIONS, to engage in any regulated activity or CRYPTOCOMPANIONS' or such output's compliance with laws and regulations applicable to such activities. CRYPTOCOMPANIONS neither recommends nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility. In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using CRYPTOCOMPANIONS and/or any output generated by using CRYPTOCOMPANIONS.
This Posting Policy applies to any comments you post or any statements you make in any manner in connection with CRYPTOCOMPANIONS, in particular on the Website (which includes for the avoidance of doubt any associated forums, chat rooms, and/or other messaging services) or any messages you send to other users of the Materials and Services (including as part of the CRYPTOCOMPANIONS gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services ("Posts"). Posts may neither, without the prior written approval of CRYPTOCOMPANIONS: - represent any views or opinions other than your genuine opinion of the matter in question; nor - contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by CRYPTOCOMPANIONS at its sole discretion, or otherwise breach or infringe on any third-party rights (in particular, without limitation, third party intellectual property rights) and/or applicable laws or court orders; - advertise or promote any person or entity or their goods or services; nor - breach any of the representations below. You herewith grant CRYPTOCOMPANIONS a perpetual, non-revocable, worldwide, and royalty-free license to: - make use of any Posts as CRYPTOCOMPANIONS deems appropriate in relation to CRYPTOCOMPANIONS and/or any of the Website, Materials, and Services or the promotion of the same; and - sub-license third parties, on such terms as CRYPTOCOMPANIONS, deems appropriate, to make use of any Posts as CRYPTOCOMPANIONS deems appropriate in relation to any to CRYPTOCOMPANIONS and/or any of the Website, Materials, and Services or the promotion thereof. You herewith unconditionally represent that, as of the date of any Post: - you own all rights to your Posts or, alternatively, that you have all necessary rights to grant CRYPTOCOMPANIONS the rights described above; - you have paid and will pay in full any fees or other payments that may be related to the publication or other use of your Posts; and - your Posts do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. CRYPTOCOMPANIONS reserves the right without notice, explanation, or liability to: - restrict or remove your ability to make Posts; - disallow the posting of any specific Posts; - edit any specific Posts; and/or - fully remove any Posts from CRYPTOCOMPANIONS, the Website, or anywhere else related to the Materials and Services (including as part of the CRYPTOCOMPANIONS' gameplay) where they appear or are stored.
This Image Policy applies to any images you make available in any manner in relation to any of the Website, Materials, and Services (including as part of the CRYPTOCOMPANIONS gameplay) ("Images"). All rights of whatever nature (including without limitation copyright, registered and unregistered trademark rights, rights of personality, privacy, confidentiality, and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to CRYPTOCOMPANIONS, the Website, Materials, and Services in accordance with this Image Policy. Pornographic, obscene, harassing, threatening, hateful, discriminatory, or defamatory Images, as may be determined by CRYPTOCOMPANIONS within its sole discretion, or Images otherwise in breach of or infringing on any third-party rights and/or any applicable law or court order, are not permitted. You herewith grant CRYPTOCOMPANIONS a perpetual, non-revocable, worldwide, and royalty-free license to: - make use of any Posts as CRYPTOCOMPANIONS deems appropriate in relation to CRYPTOCOMPANIONS and/or any of the Website, Materials, and Services or the promotion of the same; and - sub-license third parties, on such terms as CRYPTOCOMPANIONS, deems appropriate, to make use of any Posts as CRYPTOCOMPANIONS deems appropriate in relation to any to CRYPTOCOMPANIONS and/or any of the Website, Materials, and Services or the promotion thereof. CRYPTOCOMPANIONS reserves the right without notice, explanation, or liability to: - restrict or remove your ability to share Images or otherwise make them available; - disallow the use of any specific Images; - edit any specific Images; and/or - fully remove any Images from CRYPTOCOMPANIONS, the Website, or anywhere else related to the Materials and Services (including as part of the CRYPTOCOMPANIONS' gameplay) where they appear or are stored.
CRYPTOCOMPANIONS may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to CRYPTOCOMPANIONS on such terms as CRYPTOCOMPANIONS may determine within its sole discretion. At all times, CRYPTOCOMPANIONS retains the right to use and/or dispose of the Rights as CRYPTOCOMPANIONS, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services. In particular, without limitation, CRYPTOCOMPANIONS has the right, but no obligation, to maintain, modify and/or update CRYPTOCOMPANIONS within its sole discretion. CRYPTOCOMPANIONS may, but has no obligation to, provide technical support in respect of CRYPTOCOMPANIONS. You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions, or discontinuations may affect (also including by limiting or terminating) the functionality of CRYPTOCOMPANIONS. CRYPTOCOMPANIONS does not undertake to keep any of the Website, Materials, or Services updated. To the greatest extent permitted by law, CRYPTOCOMPANIONS does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of the information contained in any of the Website, Materials, or Services or in relation to any Posts or Images, including without limitation where such loss or damage as a result of or contributed to by the negligence of CRYPTOCOMPANIONS. CRYPTOCOMPANIONS reserves the right but has no obligation, to license updated iterations of CRYPTOCOMPANIONS separately and under different terms.
In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general CRYPTOCOMPANIONS gameplay) relating to you or your use of any of CRYPTOCOMPANIONS, the Website, Materials and Services held by CRYPTOCOMPANIONS or any third-party on behalf of or in coordination with CRYPTOCOMPANIONS is lost, corrupted or otherwise no longer reasonably available or accessible as determined by CRYPTOCOMPANIONS in its sole discretion, you agree that to the greatest extent permissible at law CRYPTOCOMPANIONS will have no liability to you of any nature relating to any such information or data.
CRYPTOCOMPANIONS does not make any representation or give any warranty in respect to any characteristics of CRYPTOCOMPANIONS. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while CRYPTOCOMPANIONS has endeavored to take all reasonable measures and apply appropriate care in the preparation of the content of CRYPTOCOMPANIONS, the Website, Materials, and Services, we do neither represent nor warrant that: - CRYPTOCOMPANIONS runs uninterrupted and error-free; - the use of CRYPTOCOMPANIONS is fit for any particular purpose and does not infringe upon any third party's intellectual property rights; - any information contained in CRYPTOCOMPANIONS and/or any of the Website, Materials, or Services is accurate, adequate, complete, or error-free or that any Posts or Images are compliant with the Posting Policy and Image Policy. You use CRYPTOCOMPANIONS at your sole risk. CRYPTOCOMPANIONS is provided to you on an "as is"-basis, with all faults and without express or implied warranty of any kind.
To the maximum extent allowed by law, CRYPTOCOMPANIONS's liability towards you and your associates (whether contractual or otherwise) with respect to this Agreement and the use of CRYPTOCOMPANIONS shall be limited to damages resulting from willful misconduct by CRYPTOCOMPANIONS.
Nothing in this Agreement shall be construed to establish, and the Parties shall refrain from any representation or other act that could lead any affiliate or third party to believe that they have established, a partnership and/or any other form of partnership or company, and/or an agency.
You understand and agree that observance of your obligations hereunder is of significant importance to CRYPTOCOMPANIONS and that, if you breach this Agreement, CRYPTOCOMPANIONS would incur serious losses and other detrimental consequences which might not easily be cured. If you breach any provision of or undertaking under this Agreement, CRYPTOCOMPANIONS shall have the right to seek specific performance in respect of your obligations under this Agreement, including but not limited to the right to request that you cease and/or desist from committing any breach of such obligations, whether or not this forces you to abandon any commercial activity or not to pursue any opportunities at that time (cease and desist injunction). CRYPTOCOMPANIONS has the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure effective enforcement of your obligations under this Agreement. In such an event, you fully waive any right you may have under applicable laws to request the provision of securities by CRYPTOCOMPANIONS.
20.1 Notifications Whenever a registration will start for your User Account, but in any event before using CRYPTOCOMPANIONS, you will provide to CRYPTOCOMPANIONS a valid email address (the "Notification Address"). You acknowledge and accept that CRYPTOCOMPANIONS shall send any notifications to you hereunder (also including any invoice), by way of a simple unencrypted email to the Notification Address. Any such notification shall be deemed received when it is sent by CRYPTOCOMPANIONS to the Notification Address. You undertake to keep the Notification Address valid and in effect for the entire duration of this Agreement or to promptly notify CRYPTOCOMPANIONS in writing prior to any change of the Notification Address. Notices to CRYPTOCOMPANIONS shall be made by registered mail to CRYPTOCOMPANIONS's registered address. 20.2 Amendments CRYPTOCOMPANIONS reserves the right to amend this Agreement from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials, and Services thereafter will be deemed to as acceptance by you of any such changes to this Agreement. 20.3 Assignment You may not assign any of your rights or obligations hereunder, whether by operation of the law or otherwise. 20.4 No Waiver The failure of CRYPTOCOMPANIONS to exercise or enforce any right under this Agreement shall neither be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. 20.5 Severability If any provision or portion of a provision, contained in the Agreement is invalid or unenforceable, the remaining provisions, or the remaining portion of such provision, shall remain in full force and effect. Instead of the invalid provision, a rule shall apply that achieves as closely as possible the intention of the parties in drafting the invalid provision. 20.6 Applicable Law and Jurisdiction To the maximum extent allowed under applicable laws, this Agreement is governed by the substantive laws of the United States of America, to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.
(a) Mandatory Arbitration of Disputes. The Parties each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and The Developers are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. (b) Exceptions . As limited exceptions to Section 11(a) above: (i) both Parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) both Parties each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. (c) Conducting Arbitration and Arbitration Rules . The arbitration will be conducted by JAMS under its JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this Agreement. The JAMS Rules are available at https://www.jamsadr.com/. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at https://www.jamsadr.com/. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location but any such arbitration will be conducted remotely to the extent permitted by the JAMS Rules. The Parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. (d) Arbitration Costs . Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and The Developers won’t seek to recover the administration and arbitrator fees The Developers is responsible for paying, unless the arbitrator finds your Dispute frivolous. If The Developers prevail in arbitration it will pay for all of its attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. (e) Injunctive and Declaratory Relief . Except as provided in Section 11(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or The Developers prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. (f) Class Action Waiver . YOU AND THE DEVELOPERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. (g) Severability . With the exception of any of the provisions in Section 11(f) of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.