1. ACCEPTANCE OF TERMS.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. Big Time Studios operates a global platform and by accessing the Site or Game, you are representing and warranting that you are 13 years old or older.
4. ACCOUNT ACCESS AND SECURITY.
- For accessing the Game you need to create an account (the “Account”), with a user name and a password.
- For making deposits or withdrawals from the Vault you need a third party private key manager selected by you (i.e., a Web3 Provider such as Fortmatic). You and the third party private key manager you select are entirely responsible for security of the withdrawals and deposits made into and out of the Vault.
- BTS bears no responsibility for any breach of security or unauthorized access to your Account. You are advised to: (a) avoid any use of the same password with your selected third party private key manager that you have ever used outside of the third party private key manager; and (b) keep your password and any related secret information secure and confidential and do not share them with anyone else.
- You are solely responsible for all activities conducted through your Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, BTS may terminate your Account (or Accounts) as described in Section 14.
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account.
- Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Account by third-parties and the loss or theft of any NFT held in your Vault Account. You must keep your security details safe at all times.
You must immediately notify BTS of any unauthorized use of, or access to, your Account, password, or other breach of security at email@example.com.
- Please note that if you lose the password of your third party private key manager, you accept that BTS will be unable to remedy any issues that arise from that incident.
- BTS will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part.
- BTS cannot and will not be liable for any loss or damage arising from your sharing or other loss of your password, private key or related information, or any other damage or loss arising from unauthorized access to your Account.
5. REPRESENTATIONS AND RISKS.
You acknowledge and agree that your use of the Game and the Site is at your own risk. The Game and the Site are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that BTS has no control over, and no duty to take any action regarding: which users gain access to or use the Game; what effects the Game may have on you; how you may interpret or use the Game; or what actions you may take or fail to take as a result of having been exposed to the Game. You release BTS from all liability for your inability to access the Site, Game or any content therein.
5.2 RISK OF REGULATORY ACTIONS IN ONE OR MORE JURISDICTIONS.
For using the Vault, you will need to use ETH, Ethereum’s network cryptographic token, and MANA, Decentraland network’s cryptographic token. ETH and MANA could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of BTS to continue to develop, or which could impede or limit your ability to access or use the Game or Ethereum blockchain.
5.3 APPLICATION SECURITY.
You acknowledge and agree that the Site, the Game and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Site, Game or content and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Game. This warning and others later provided by BTS in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Game or the Site.
5.4 USES OF THE GAME.
The Vault feature allows you to store blockchain-backed NFTs and use them in-game, as well as withdrawing them to your own, personally managed crypto wallet. You acknowledge and agree that BTS does not provide any representation or warranty regarding the value or merchantability of the NFTs.
- 6.1. All NFTs held in your account in the Vault are custodial assets held by BTS for your benefit. In consequence, title and risk to the NFTs shall at all times remain with you and shall not be assumed to be transferred to BTS. Also, you shall bear all potential risk of loss of such NFTs.
- 6.2. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your NFTs from the Vault by sending them to a different blockchain wallet controlled by you or a third party.
7. TRANSACTIONS AND FEES
- 7.1 You may purchase NFTs directly from BTS, which will be stored in the Vault. At any time, you can choose to withdraw the NFTs from the Vault into your personal wallet. BTS has no insight into or control over your wallet. With that in mind, BTS will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in from your personal wallet.
- 7.2 Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. Said Gas Fee pays for the cost of the network of computers that run the Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Game. You accept that the payment of the Gas Fee is inherent to the nature of the Ethereum network and alien to BTS or a result of the use of the Game.
- 7.3. You accept that any applicable taxes in connection with the use of the Account and in-game purchases shall be supported by you.
BTS may make changes to the Terms from time to time. When BTS makes changes, the updated Terms will be made available through the Site and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Game or the Site after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you must not access or use the Game or the Site.
You affirm that you are over the age of 13, as the Game is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE GAME OR THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
- 11.1 YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND GAME. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND GAME MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND GAME IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BTS, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF BTS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR GAME; THE USE OR THE INABILITY TO USE THE SITE OR GAME; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR GAME; ANY ACTIONS BTS TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR GAME (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT 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; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR 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.
- 11.2 BTS HEREBY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT.
- 11.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BTS, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES , AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE GAME WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE GAME WILL BE ACCURATE, (III) THE GAME OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE GAME WILL BE SECURE.
- 11.4 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT BTS, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
- 11.5 BTS, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR FORTMATIC, METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE GAME, ETHEREUM NETWORK, OR FORTMATIC, METAMASK OR OTHER ELECTRONIC WALLET.
- 11.6. BTS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR FORTMATIC, METAMASK OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
12. LIMITATION ON LIABILITY.
- 12.1 YOU UNDERSTAND AND AGREE THAT BTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF BTSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 12.2 YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
- 12.3 YOU ACKNOWLEDGE AND AGREE THAT BTS HAS MADE THE GAME AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON 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 BARGAIN BETWEEN US. BTS WOULD NOT BE ABLE TO PROVIDE THE GAME TO YOU WITHOUT THESE LIMITATIONS.
- 12.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
13. PROPRIETARY RIGHTS.
- 13.1 All title, ownership and intellectual property rights in and to the Site and the Game are owned exclusively by BTS or its licensors. You acknowledge and agree that the Site and Game contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Site and the Game, in whole or in part. BTS’s exclusive ownership shall include all elements of the Site and Game, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with Game), design, systems, methods, information, computer code, software, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Site and the Game (collectively, the “BTS Materials”) are owned by BTS, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All BTS Materials are the copyrighted property of BTS or its licensors, and all trademarks, service marks, and trade names contained in BTS Materials are proprietary to BTS or its licensors. Except as expressly set forth herein, your use of the Site and the Game does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Site and the Game. BTS reserves all rights in and to BTS Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of BTS Materials (including, without limitation, our copyright in and to the art and drawings associated with the Game and content therein) in any way without our prior written consent in each case, which consent BTS may withhold in its sole and absolute discretion.
- 13.2 You may choose to submit comments, bug reports, ideas or other feedback about the Site or the Game, including without limitation about how to improve the Game (collectively, “Feedback”). By submitting any Feedback, you agree that BTS is free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
- 13.3 You acknowledge and agree that you are responsible for your own conduct while accessing or using the Site and the Game, and for any consequences thereof. You agree to use the Site and the Game only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, post, upload, transmit, distribute, disseminate or otherwise make available any content that infringes the intellectual property rights of any party and any content that contains any hate-related or violent content or contains any other material or products that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (ii) distribute viruses, worms, defects, Trojan horses, spyware, time bombs, cancelbots, corrupted files, hoaxes, or any other items of a destructive or deceptive nature, or that may harvest or collect any data or information about other users without their consent; (iii) impersonate another person (via the use of an email address or otherwise); (iv) use the Site or the Game to violate the legal rights (such as rights of privacy and publicity) of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users’ enjoyment of the Site or the Game; (vii) exploit the Site or the Game for any unauthorized commercial purpose; (viii) post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other similar form of solicitation; (ix) modify, adapt, translate, or reverse engineer any portion of the Game; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Game or any part of it; (xi) reformat or frame any portion of the Site or the Game; (xii) stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Site or the Game; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site, the Game or the content posted on the Game, or to collect information about its users for any unauthorized purpose; (xiv) use any cheats, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the Game by other Users, or to otherwise disrupt or modify the Game or the experience of any users on the Game; (xv) create user accounts by automated means or under false or fraudulent pretenses; (xvi) attempt to gain unauthorized access to any other user's Account, password or content; or (xvii) access or use the Game for the purpose of creating a product or service that is competitive with our Game.
The Site and the Game provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because BTS has no control over such sites, applications and resources, you acknowledge and agree that BTS is 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 BTS 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.
15. TERMINATION AND SUSPENSION.
You shall have a right to terminate your Account at any time by canceling and discontinuing your access to and use of the Game. BTS may terminate or suspend all or part of the Site and the Game and your access to the Site and the Game immediately, without prior notice or liability. You will not receive any refunds if you cancel your Account, or if these Terms are otherwise terminated. You agree that BTS, in its sole discretion and for any or no reason, may terminate these Terms 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 without prior notice, and that BTS will not be liable to you or to any third party for any such suspension or termination. If BTS suspend or terminate your Account due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies BTS may have at law or in equity. Upon any termination or expiration your Account, whether by you or us, you may no longer have access to information that you have posted on the Game or that is related to your Account, and you acknowledge that BTS will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Upon termination of your Account, your right to use the Game will immediately cease. The following provisions of these Terms survive any termination of these Terms: REPRESENTATIONS AND RISKS; TRANSACTION AND FEES; INDEMNITY; DISCLAIMERS; LIMITATION ON LIABILITY; PROPRIETARY RIGHTS; LINKS; TERMINATION AND SUSPENSION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
16. NO THIRD PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
17.1 INITIAL DISPUTE RESOLUTION.
The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
17.2 BINDING ARBITRATION.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve 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 one arbitrator. Within ten (10) calendar days of the delivery date of the Arbitration Notice, the parties shall appoint a mutually acceptable arbitrator. In the event the Parties do not select a mutually acceptable arbitrator within ten (10) calendar days of delivery of the Arbitration Notice, the arbitrator shall be appointed by the President of the ICC. The parties agree that the arbitration shall take place in the Cayman Islands or such other location 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 one party and all respondents shall be considered one party. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration commenced pursuant to these Terms and shall not disclose the fact, conduct or outcome of the arbitration to any non-parties or non-participants, 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.
17.3 CLASS ACTION WAIVER.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BTS 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. 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 can 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 to have not agreed to arbitrate disputes.
17.4 EXCEPTION - LITIGATION OF INTELLECTUAL PROPERTY 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 a small claims court for disputes or claims within the scope of that court’s jurisdiction.
17.5 30-DAY RIGHT TO OPT OUT.
You have the right to opt-out and not be bound by 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: firstname.lastname@example.org. Your notice must be sent within 30 days of your first use of the Game, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, BTS also will not be bound by them.
17.6 CHANGES TO THIS SECTION
BTS 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 and the relationship between you and BTS shall be governed by the laws of the Cayman Islands, without regard to conflict of law provisions.
For any dispute not subject to arbitration you and BTS agree to submit to the exclusive jurisdiction of the courts with seat in the Grand Court of the Cayman Islands. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
18. GENERAL INFORMATION.
- 18.1 ENTIRE AGREEMENT. These Terms (and any additional terms, rules and conditions of participation that BTS may post on the Site or on the Game) constitute the entire agreement between you and BTS with respect to the Game and supersedes any prior agreements, oral or written, between you and BTS. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
- 18.2 WAIVER AND SEVERABILITY OF TERMS. The failure of BTS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
- 18.3 STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, the Game or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- 18.4 SECTION TITLES. The section titles in the Terms are for convenience only and have no legal or contractual effect.
- 18.5 COMMUNICATIONS. Users with questions, complaints or claims with respect to the Site or the Game may contact us using the relevant contact information set forth above and at email@example.com.