Terms of Service

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Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully before using

our Services. These Terms set out the terms and conditions that apply when you use the Services. By using our Services, and by continuing to use the Services after any future changes to these Terms, you confirm that you have carefully read, understood, and agree to be bound to these Terms, particularly those provisions that restrict or exempt liabilities. In addition, our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Services to you, as well as your rights and choices concerning your information. If you do not agree to these Terms, or if you do not want us to collect, use, disclose, share, or otherwise process your information in the ways described in our Privacy Policy, you must not use our Services (or you must stop using our Services if you have already started using them).

To use the Services, you must be 16 years of age or older and over the age of majority in your jurisdiction. If you are under 18 years of age, or under the age of majority where you live, your legal guardian must provide consent to your use of the Services. As described below, United States law governs these Terms, and the Services may fall within United States export controls. You may not use the Services if United States law or other applicable law preclude you from receiving products, including services or software, from the United States.

The “Services” include our website (as defined above), our web store (if applicable), mobile applications or games, related services and content, and any additional products, services, features, and content that we may provide or make available through the Services.

Registration and Account Information — You may need to register and create an account (or sign-in through a third-party platform) to access the Services or some portion of them. You must provide us (and any related third-party platform) with accurate, complete, and up-to- date account information. In addition, you may not authorize others to use your account, and you may not assign or otherwise transfer your account or these Terms to any other person or entity. You also understand that you must keep your account information secure and that you should not disclose your account credentials to anyone. You alone remain solely responsible for all activities that occur under your account, regardless of whether you know about them or not.

Updates to the Services — We may from time-to-time update, improve, enhance, conduct testing, and further develop the Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions). You understand that these improvements, enhancements, or tests may impact your user experience. From time to time, we may make you update your software or hardware to continue to use our Services. If you choose to allow automatic updates, the Services may also automatically download and install updates. If you do not want to download and install updates automatically, you can turn off automatic updates at any time through the “Settings” menu or similar feature of your device.

Notifications and Messages from the Services — We may from time-to-time send you notifications, alerts, text messages, or other types of messages (including email) regarding the Services, your account(s), or certain other products, services, features, or content that may be of interest to you. By using the Services, you consent to receive these messages and marketing messages from us, our affiliates, or providers. If you do not want to receive notifications, you can turn off notifications through the “Settings” menu or similar feature of your device. In addition, you can cancel text messages (if you receive them) at any time by replying “STOP.” Please note that messaging fees may apply depending on the message plan you have with your wireless carrier. Please contact your wireless carrier for details about your text or data plan.

Hardware and Software Requirements — The functionalities and features of the Services may vary depending on the device and operating system that you use, the way in which you interact with the Services, your region, the changing requirements of applicable laws, and other factors. To use the Services, you need compatible hardware and software (and potentially the latest versions of that software), and internet access, among other technological features. The performance of the Services may be affected by these or related factors, each of which we do not control. You remain solely responsible for any third-party costs you incur to use the Services, including equipment, internet, and other connection charges. Your access and use of the Services may also be interrupted from time to time due to third-party failures outside of our control or the need for periodic maintenance, updates, or repairs. As explained below, we make no representations or warranties of any kind with respect to the performance or availability of the Services.

Changes to the Services — Because our Services evolve over time, we may at any time, at our sole discretion, modify, suspend, restrict, terminate, or cancel the Services or any portion of them. In addition, we may add or remove features or functionality of the Services or any portion of them at any time, and we may suspend, restrict, delete, or remove access to the Services or any portion of them. In addition, we reserve the right to stop offering and/or supporting the Services or any portion of them at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If any of these things happen, unless required by applicable law or otherwise agreed to by us, we will not provide refunds, benefits, or other compensation to you in connection with the discontinued aspects or elements of the Services or for Virtual Items (as defined below) previously earned or purchased.

WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS, UNLESS REQUIRED BY APPLICABLE LAW.

Changes to the Terms — In addition, we may modify or update these Terms at any time. If we modify or update these Terms, we will post the modified Terms. In addition, we may notify you directly through the Services. By continuing to use the Services after those modifications or updates become effective, you agree to be bound by the revised Terms. If you do not agree to be bound by the revised Agreement, then you must not use the Services anymore.

1. Eligibility to Use the Services

To use the Services, you must be 16 years of age or older (and over the age of majority in your jurisdiction) and not barred from using the Services under applicable law. If you are under 18 years of age, or under the age of majority where you live, your legal guardian must provide consent to your use of the Services. In addition, you may not use our Services under any of the following circumstances:

- You cannot enter into a binding contract with us under applicable law.

- You are a “child” as defined under applicable law.

- You cannot access or use the Services in compliance with these Terms under the applicable

laws of your jurisdiction.

- You are a convicted sex offender.

- You have previously been banned from our Services or any aspect of them (or the Services

of one of our affiliates), unless we reversed that ban in our sole discretion.

2. Our Retained Proprietary Rights; Your Limited License to the Services

Except for the limited license granted herein, we and our licensors (or other providers) retain all legal right, title, and interest in and to all other elements of the Services, including all of the intellectual property associated with the Services, the technology and software used to provide the Services, any improvements or derivative products or services, and all other aspects of the Services. We reserve all rights not expressly granted to you.

Your Limited License to the Services — Subject to your agreement and continuing compliance with these Terms (including the Code of Conduct set forth below), we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own personal, non-commercial, and entertainment use. You agree not to use the Services for any other purpose, including for any commercial or non-personal purpose. You also agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from any aspect of the Services. Any unauthorized use will terminate this limited license, subject your account to immediate suspension or termination, and may also violate applicable laws.

Our License to Your Feedback — If you make suggestions regarding any features, functionality, or performance of the Array Services that we adopt, such features, functionality, and performance shall be deemed automatically assigned to us under these Terms and become our sole and exclusive property. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.

Consequences of Your Violations — If you violate these Terms, or any of our other terms that apply to you, we may in our sole discretion terminate your account or take other lawful steps with or without notice to you. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE SERVICES OR ANY ASPECT OF THEM, VIOLATES THESE TERMS AND MAY BE A BREACH OF CRIMINAL OR CIVIL LAWS.

3. Our Privacy Policy

Our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Services to you, as well as your rights and choices concerning your information. When you use the Services, you acknowledge that the Privacy Policy applies. If you do not want us to collect, use, disclose, share, and otherwise process your information in the ways described in our Privacy Policy, you must not use the Services.

4. Your User Content and Responsibility for It; Our License to Your User Content and Right to Monitor the Use of Services

Your User Content and Responsibility for It — The Services may contain various forums, networks, and other features or functionality that allow you to post, submit, publish, display, share, or transmit to us and other users (collectively, “Post”) content or materials (“User Content”) on or through the Services. All User Content must comply with the following content standards: User Content must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses (or other malicious code), commercial solicitation, chain letters, mass mailings, or any form of “spam.”

In Posting User Content, you represent and warrant that:

- You own or otherwise control all of the rights to the User Content that you Post.

- The User Content will be accurate and not fraudulent or deceptive.

- The User Content does not violate these Terms or the rights (intellectual property rights or otherwise) of any third party and will not cause injury to any person or entity.

You understand that your User Content may be copied by other users and discussed on and outside of the Services, and if you do not have the right to Post User Content, you may be subject to liability. We take no responsibility and assume no liability for any User Content Posted by you or any third party. In addition, we do not endorse or guarantee the accuracy, efficacy, veracity, or appropriateness of any User Content. Under all circumstances, you remain personally and solely responsible for all of your User Content.

Our License to Your User Content — Any User Content that you Post will be considered non-confidential and non-proprietary, and you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media, without notice or compensation to you. To the extent permitted by applicable law, you waive any rights of attribution or moral rights you may have in your User Content.

Our Right to Monitor User Content and the Use of Services— We have no obligation to monitor the Services or the conduct of other players. In addition, we are not responsible for, and we do not approve, information or materials provided by you to other players or provided by other players to you, including all User Content. By using our Services, you understand that you may be exposed to content or conduct that you might find offensive or otherwise objectionable. In addition, communications made using or through the Services should not be considered private and you should avoid revealing personally identifiable information.

We may monitor and/or record your communications (including communications in chat features) when you use the Services, and you hereby provide your irrevocable, express consent to such monitoring and recording. In addition, we have the right but not the obligation to edit, remove, or refuse to post any User Content for any reason. Depending upon the applicable law, you may be able to appeal or seek clarifications regarding our content moderation decisions. You may exercise this right, if applicable, by contacting Customer Support at [email protected].

5. Your Sole Responsibility for Interactions with Other Users; Your Release of Us

Your Interactions with Other Users — As a user, you remain solely responsible for your interactions with other players, including how you interact with other players through your User Content. If you have a problem with another player, we are not required to get involved, but we may choose to become involved. If requested by us, you will cooperate fully with any investigation, including by granting us access to any portion of your account that may be relevant to the investigation.

Your Release of Us — Unless otherwise provided under applicable law, if you have a dispute with another player, you release us (and our employees, officers, directors, agents, corporate parents, affiliates, subsidiaries, and joint ventures, and each of their respective legal representatives, successors, and assigns) from any claims, demands, losses, costs, liabilities, damages (indirect, actual, or consequential, including loss of profits, goodwill, use, or data), and expenses (including attorneys’ fees) of every kind and nature, whether known or unknown, expected or not expected, contingent or absolute, apparent or not apparent, that arise out of or relate to that dispute.

6. Contact Information

If you have any questions about these Terms or the Services, please contact us at [email protected]